WeTrain Terms and Conditions

Last updated: 24 June 2016

These terms and conditions (the “Terms”) are the terms on which we provide an online platform via which you can book and pay for various scheduled and on-demand fitness sessions provided by qualified instructors (the “Services”). The Services are accessible at www.wetrain.com, via the WeTrain mobile application (the “App”) and any other websites or mobile applications through which WeTrain makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by these terms and conditions (the “Terms”), whether or not you become a registered member of the Site.

WeTrain (referred to as “WeTrain”, “we”, “us” or “our”) is a trading name of UPMYSPORT Ltd, a company registered in England and Wales under registration number 07730614, with its registered office at 51a George Street, Richmond, TW9 1HJ. Neither WeTrain nor UPMYSPORT are themselves a gym, fitness studio, or fitness service provider and do not own, operate or control any of the classes, services or facilities accessible through the Site.

FOR THE PURPOSES OF THESE TERMS AND CONDITIONS ‘HOSTS’ OR ‘SUPER HOSTS’ WILL BE KNOWN AS INSTRUCTORS.

Important

These Terms govern your access to and use of the Site and Services and all of the Site Content (defined below) and constitute a binding legal agreement between you and WeTrain. Please read carefully these Terms and our Privacy Policy, which may be found on the Privacy Policy page, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you may not obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

The Site and Services comprise an online platform through which Instructors (defined below) provide Activities (defined below) for Sports Tuition (defined below) and Members (defined below) may learn about and book Activities. You understand and agree that WeTrain is not a party to any agreements entered into between Instructors and Members, nor is WeTrain a Sports Tuition broker, agent or insurer. WeTrain has no control over the conduct of Instructors, Members and other users of the Site and Services or any Activities and disclaims all liability in this regard.

Key Terms

“Activity” means a scheduled WeTrain session as described on the Site and includes any Sports Tuition.

“Activity Fee” means the fee paid by the Attendee for each Activity, as specified on the Site at the time of booking and is inclusive of any UK VAT charge.

“Attendee” means a Member who requests a booking of an Activity via the Site or Services, or a Member who attends a Activity and is not the Instructor for such Activity.

“Instructor” means a Member who performs an Activity via the Site and Services and includes ‘Hosts’ and ‘Super Hosts’.

“Member” means a person who completes WeTrain’s account registration process, including, but not limited to Instructors and Attendees, as described under “Account Registration” below.

“Member Content” means all text, graphics, images, music, software, audio, video, information or other materials that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.

“Service Fee” means the fee that WeTrain will charge the Instructor for each Activity he/she provides, the amount of which will be notified to the Instructors in writing from time to time and which is inclusive of Tax.

“Site Content” means all WeTrain Content and all Member Content.

“Sports Tuition” means sports and fitness tuition delivered on demand by an Instructor.

“Tax” or “Taxes” means any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

“WeTrain Content” means all text, graphics, images, music, software, audio, video, information or other materials that WeTrain makes available through the Site or Services, including any content licensed from a third party, but excluding Member Content.

Certain areas of the Site (and your access to or use of certain aspects of the Services or Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Site Content.

You acknowledge and agree that, by accessing or using the Site or Services or by downloading or posting any content from or on the Site, or through the Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site. If you do not agree to these Terms, then you have no right to access or use the Site, Services, or Site Content.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

WeTrain reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the last updated date at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, or by registering as a Member, you represent and warrant that you are 18 or older.

How the Site and Services Work

The Site and Services can be used to facilitate the activity and booking of Activities and Sports Tuition. Such Activities and Sports Tuition are provided by Instructors. All Instructors are independent contractors and nothing in these Terms shall create or be deemed to create a relationship of employer and employee between WeTrain and the Instructors.

You may view Activities as an unregistered visitor to the Site and Services; however, if you wish to book Activities or ask a question to an Instructor you must first register to create an WeTrain Account (defined below).

As stated above, WeTrain makes available a platform or marketplace with related technology for Attendees make online bookings of Activities. WeTrain is not a provider of sports and fitness tuition, including, but not limited to, courses, lessons, classes, sessions or other tuition offerings, nor is it a provider of sports facilities, including, but not limited to, tennis courts, golf courses, squash courts, halls, gymnasiums, swimming pools or other leisure facilities and WeTrain does not own, sell, re-sell, provide, rent, re-rent, manage and/or control sports equipment, including, but not limited to, rackets, clubs, skis, bats, balls and boats, nor does it provide transportation, lodging or other travel services. Similarly, WeTrain is not a contracting agent or representative of any Instructor. Instead, WeTrain’s role is solely to facilitate the availability of the Site and Services for Members and to provide services related thereto.

Please note that, as stated above, the Site and Services are intended to be used to facilitate the booking of Activities. WeTrain does not control the Member content contained in any Activities and the condition, legality or suitability of any Activities. WeTrain is not responsible for and disclaims any and all liability related to any and all Activities. Accordingly, any bookings will be made at the Member’s own risk.

Account Registration

In order to access certain features of the Site, and to book an Activity, you must register to create an account (“WeTrain Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (including, but not limited to Facebook and Twitter); each such account, a “Social Network Account”, via our Site, as described below. As part of the functionality of the Site and Services, you may link your WeTrain Account with Social Network Accounts, by either: (i) providing your Social Network Account login information to WeTrain through the Site or Services; or (ii) allowing WeTrain to access your Social Network Account, as is permitted under the applicable terms and conditions that govern your use of each Social Network Account. You represent that you are entitled to disclose your Social Network Account login information to WeTrain and/or grant WeTrain WeTrain  access to your Social Network Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Social Network Account and without obligating WeTrain to pay any fees or making WeTrain subject to any usage limitations imposed by such third party service providers.

By granting WeTrain access to any Social Network Accounts, you understand that WeTrain will access, make available and store (if applicable) any text, graphics, images, music, software, audio, video, information or other materials that you have provided to and stored in your Social Network Account (“Social Network Content”) so that it is available on and through the Site and Services via your WeTrain Account and WeTrain Account profile page. Unless otherwise specified in these Terms, all Social Network Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Social Network Accounts you choose and subject to the privacy settings that you have set in such Social Network Accounts, personally identifiable information that you post to your Social Network Accounts will be available on and through your WeTrain Account on the Site and Services. Please note that if a Social Network Account or associated service becomes unavailable or WeTrain’s access to such Social Network Account is terminated by the third party service provider, then Social Network Content will no longer be available on and through the Site and Services.

Please note that your relationship with the third party service providers associated with your Social Network Accounts is governed solely by your agreement(s) with such third party service providers.

WeTrain makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and WeTrain is not responsible for any Social Network Content.

We will create your WeTrain Account and your WeTrain Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via a Social Network as described above. You may not have more than one (1) active WeTrain Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. WeTrain reserves the right to suspend or terminate your WeTrain Account and your access to the Site and Services if you create more than one (1) WeTrain Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your WeTrain Account, whether or not you have authorized such activities or actions. You will immediately notify WeTrain of any unauthorised use of your WeTrain Account.

Activities – Instructors

As an Instructor, WeTrain may ask you to provide, and you may agree to provide, Activities. Any Activities you provide must be in accordance with any requirements or guidelines that WeTrain provides regarding , but not limited to, the location, capacity, duration, features, availability of the Activities and pricing and related rules and financial terms. In order to provide Activities via the Site and Services, you must provide your full name, telephone number and registered address. Activities will be made publicly available via the Site and Services. Other Members will be able to book Activities via the Site and Services based upon the information provided on the Site. Other than as set out above, you acknowledge and agree that you are solely responsible for the content of any and all Activities you provide. Accordingly, you represent and warrant that any Activity you provide and the booking of, or Attendee attendance at, any Activity you provide (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Activity you provide, and (b) not conflict with the rights of third parties. Please note that WeTrain assumes no responsibility for an Instructor’s compliance with any applicable laws, rules and regulations.

You understand and agree that WeTrain does not act as an insurer or as a contracting agent for, or representative of, you as an Instructor, and if an Attendee requests a booking of an Activity and attends an Activity, any agreement you enter into with such Attendee is between you and the Attendee and WeTrain is not a party thereto. Please note that WeTrain reserves the right, at any time and without prior notice, to remove or disable access to any Activity for any reason, including Activities that WeTrain, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

You acknowledge and agree that, as an Instructor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who instruct at or are otherwise present at the Activities at your request or invitation, excluding the Attendee (and the individuals the Attendee invites to join the Activities, if applicable.)

You represent and warrant that you have taken out and will maintain in your name at all times current public liability insurance with a reputable insurer which covers the Activities that you provide. Please review such insurance policies carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.

No Endorsement

WeTrain does not endorse any Members or any Activities. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity (though our third party payment providers may do so) or whether they have the required or appropriate insurances, qualifications or experience to instruct or attend the Activities. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from WeTrain with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings made for Activities or any Activities provided by you.

Bookings and Financial Terms

For Instructors:

If you are an Instructor and you are asked by WeTrain to provide an Activity via the Site and Services, you will be required to accept or reject the request within 48 hours otherwise the request will automatically expire and WeTrain will offer the booking to another Instructor. When a booking is requested via the Site and Services, we will share with you (i) the name of the Attendee who has requested the booking and the names of any individuals the Attendee invites to join the Activity, if applicable (ii) a link to the Attendee’s WeTrain Account profile page and (iii) a message from the Attendee, if applicable.

When you have accepted a booking request for an Activity, WeTrain will send you an email or message via the Site confirming such booking.

You agree to pay WeTrain the Service Fees and any costs related to the Activities.

Every fortnight the Activity Fees from your Activities during that fortnight will be paid into your bank account after deducting the Service Fee and any other costs.

For Attendees:

You agree to pay the total Activity Fees for any booking requested in connection with your WeTrain Account. In order to establish a booking pending confirmation of your requested booking, you understand and agree that WeTrain reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit or debit card or via GoCardless or other payment method for the Activity Fees or (ii) charge your credit or debit card a nominal amount, not to exceed one British pound (£1), or a similar sum in the currency in which you are transacting (e.g. one euro or one US dollar) to verify your credit card. Please note that WeTrain cannot control any fees that may be charged to an Attendee by his or her bank related to WeTrain’s collection of the Total Fees, and WeTrain disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card, debit card or bank account information (depending on the payment method selected) either to WeTrain or its third party payment processor. You agree to pay WeTrain for any confirmed bookings made in connection with your WeTrain Account in accordance with these Terms by one of the methods described on the Site from time to time – e.g. by PayPal, GoCardless or debit or credit card. You hereby authorize the collection of such amounts by charging the credit or debit card or bank account provided as part of requesting the booking, either directly by WeTrain or indirectly, via a third party online payment processor or by one of the payment methods described on the Site. If you are directed to WeTrain’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarising your confirmed booking.

Cancellations and Refunds

If, as an Attendee, you cancel your requested booking made via the Site and Services before it is confirmed by WeTrain, WeTrain will refund the Activity Fees collected or cancel any pre-authorisation provided for such requested booking within a commercially reasonable time.

If, as an Attendee, you cancel a confirmed booking made via the Site and Services after it is confirmed by WeTrain, the cancellation policy stated in the relevant Activity will apply.

Super Flexible Cancellation: Full refund available up to 24 hours before activity.

If, as an Attendee you cancel a confirmed booking made via the Site and Services of an Activity with a “Super Flexible” cancellation policy less than 24 hours before the first day of the Sports Tuition, then the cancellation policy will apply and WeTrain may be entitled to retain up to the full value of the Activity Fees.

Flexible Cancellation: Full refund available up to 7 days before Activity.

If, as an Attendee you cancel a confirmed booking made via the Site and Services of an Activity with a “Flexible” cancellation policy less than 7 days before the first day of the Activity, then the cancellation policy will apply and WeTrain may be entitled to retain up to the full value of the Activity Fees. Staged Payment Cancellation: 15% deposit; 50% due 30 days before Activity; 100% due 7 days before Activity

If, as an Attendee you cancel a confirmed booking made via the Site and Services of an Activity with a “Staged Payments” cancellation policy less than 90 days before the first day of the Activity, then the cancellation policy will apply and WeTrain may be entitled to retain up to 85% of the value of the Activity Fees. If, as an Attendee you cancel a confirmed booking made via the Site and Services of an Activity with a “Staged Payments” cancellation policy less than 30 days before the first day of the Activity, then the cancellation policy will apply and WeTrain may be entitled to retain up to 50% of the value of the Activity Fees.

If, as an Attendee you cancel a confirmed booking made via the Site and Services of an Activity marked as having a “Staged Payments” cancellation policy less than 7 days before the first day of the Activity, then the cancellation policy will apply and WeTrain may be entitled to retain up to the full value of the Activity Fees.

Subscriptions: one month notice required

If, as an Attendee you cancel a confirmed booking made via the Site and Services of an Activity marked as having a “Subscriptions” cancellation policy less than thirty days before the next payment is due for the Activity, then the cancellation policy shall apply and WeTrain may be entitled to retain up to the full value of the next payment on its due date.

If an Instructor is unable to provide an Activity that has been confirmed, WeTrain will use all reasonable efforts to allocate a replacement Instructor. If it is unable to do so, you will receive a refund of the applicable Activity Fee.

If an Instructor has cancelled a confirmed booking and you, as an Attendee, have not received a refund or an email or other communication from WeTrain or the Instructor, please contact WeTrain at hello@wetrain.com

WeTrain reserves the right to cancel a session 20 hours before it starts if less than 3 people have booked to take part in the session.  You will be refunded in full or offered vouchers for another session if this happens.

Gift vouchers

Vouchers are only available in electronic format and will be delivered to the email address registered with the Member at the time of purchase.

Vouchers are purchased with a redemption value in GBP.

Any Activity shown in a voucher is as a suggestion only, and said Activity might not match the value of the voucher that it is advertised on at the time of redemption.

Vouchers can be redeemed against any Activity on WeTrain.

Vouchers have no cash value. If used for items of a lesser value, cash will not be refunded by WeTrain.

Vouchers are valid from the date of purchase and will expire after 12 months.

Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by WeTrain.

Neither WeTrain nor Instructors are responsible for lost or stolen Vouchers or Voucher reference numbers.

Limit one (1) voucher per redemption. Only one voucher can be used per booking unless otherwise specified by WeTrain.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. WeTrain cannot and does not offer Tax-related advice to any Members of the Site and Services. Additionally, please note that each Instructor is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Activities. Where applicable, or upon request from an Instructor, WeTrain may issue a valid VAT invoice to such Instructor.

Member Conduct

In connection with your use of our Site and Services, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to sports tuition;
  • “stalk” or harass any other user of our Site or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an WeTrain Attendee or Instructor;
  • offer, as an Instructor, any Activity that you do not yourself provide or have permission to provide (without limiting the foregoing, you will not list Activites as an Instructor if you are serving in the capacity of a activity agent for a third party);
  • provide, as an Instructor, any Activity that may not be provided pursuant to the terms and conditions of an agreement with a third party;
  • provide, as an Instructor, any Activity that may not be provided pursuant to any applicable law or regulation or that would give rise to any civil liability;
  • register for more than one WeTrain Account or register for an WeTrain Account on behalf of an individual other than yourself;
  • contact an Instructor for any purpose other than asking a question related to a booking or Activity;
  • contact an Attendee for any purpose other than asking a question related to a booking, Activity or such Attendee’s use of the Site and Services;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information or otherwise interact with the Site or Services;
  • use the Site and Services to find an Instructor or Attendee and then complete a booking of an Activity independent of the Site or Services in order to circumvent the obligation to pay any Fees related to WeTrain’s provision of the Services;
  • as an Instructor, provide to any Attendee in relation to any Activity false or misleading information,; or
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site, or any individual element within the Site or Services, WeTrain’s name, any WeTrain trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without WeTrain’s express written consent;
  • access, tamper with, or use non-public areas of the Site, WeTrain’s computer systems, or the technical delivery systems of WeTrain’s providers;
  • attempt to probe, scan, or test the vulnerability of any WeTrain system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by WeTrain or any of WeTrain’s providers or any other third party (including another user) to protect the Site, Services or Site Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Site Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Site Content; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

WeTrain will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. WeTrain may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that WeTrain has no obligation to monitor your access to or use of the Site, Services or Site Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. WeTrain reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that WeTrain, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

Privacy

See the Privacy Policy on our Privacy Policy page.

Ownership

The Site, Services, and Site Content are protected by copyright, trademark, and other laws of England and Wales and foreign countries. You acknowledge and agree that the Site, Services and Site Content, including all associated intellectual property rights is the exclusive property of WeTrain and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Site Content.

Licenses

WeTrain Content

Subject to your compliance with these Terms, WeTrain grants you a limited, non-exclusive, non-transferable license, to (i) access and view any WeTrain Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Site Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WeTrain or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to WeTrain a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Site and Services. WeTrain does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to WeTrain the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or WeTrain’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Application Licence

Subject to your compliance with the Terms, WeTrain grants you a limited, non-exclusive, non-transferrable licence to download and install a copy of the App on each mobile device or computer that you own or control and run such copy of the App solely for your own personal use.

 

Links

The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that WeTrain is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WeTrain of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of WeTrain used herein are trademarks or registered trademarks of WeTrain. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Copyright Policy

WeTrain respects copyright law and expects its users to do the same. It is WeTrain’s policy to terminate in appropriate circumstances the WeTrain Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Termination and WeTrain Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your WeTrain Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event WeTrain terminates these Terms, or your access to our Site and Services or deactivates or cancels your WeTrain Account you will remain liable for all amounts due hereunder. You may cancel your WeTrain Account at any time via the “Cancel Account” feature of the Site and Services or by sending an email to help@wetrain.com. Please note that if your WeTrain Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or feedback.

Disclaimers

If you choose to use the Site and Services, you do so at your sole risk. You acknowledge and agree that WeTrain does not conduct background checks on any Member, including, but not limited to, Attendees and Instructors. The Site, Services and Site Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, WeTrain explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. WeTrain makes no warranty that the Site, Services, Site Content, including, but not limited to, the Activities will meet your requirements or be available on an uninterrupted, secure, or error-free basis. WeTrain makes no warranty regarding the quality of any Activities, the Services or Site Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Site Content obtained through the Site or Services.

No advice or information, whether oral or written, obtained from WeTrain or through the Site, Services or Site Content, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, any Instructors or Attendees. You understand that WeTrain does not make any attempt to verify the statements of users of the Site or Services or to review or participate in any Activites. WeTrain makes no representations or warranties as to the conduct of users of the Site or Services or their compatibility with any current or future users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, Attendees and Instructors, particularly if you decide to meet offline or in person.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services and Site Content, and your activity or booking of any Activities via the Site and Services remains with you. Neither WeTrain nor any other party involved in creating, producing, or delivering the Site, Services or Site Content be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Site, Services or Site Content, from any communications, interactions or meetings with other users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site, Services, or from your activity or booking of any Activities via the Site and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not WeTrain has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will WeTrain’s aggregate liability arising out of or in connection with these Terms and your use of the Site and Services including, but not limited to, from your activity or booking of any Activities via the Site and Services, or from the use of or inability to use the Site, Services, or Site Content and in connection with any Activity or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Site and Services as a Attendee in the twelve (12) month period prior to the event giving rise to the liability, or if you are an Instructor, the amounts paid by WeTrain to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred British pounds (£100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between WeTrain and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.

Nothing in these Terms is intended to affect your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.

 

Indemnification

You agree to release, defend, indemnify, and hold WeTrain and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Site Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of Sports Tuition, or (iii) the use or attendance of Activities by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking of or attendance at Activities.

Reporting Misconduct

If you attend any Activity booked via the Site and Services either as a Attendee or Instructor and you feel the other party is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to WeTrain by contacting us with your police station and report number at help@wetrain.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between WeTrain and you regarding the Site, Services, Site Content and any bookings or Activities made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between WeTrain and you regarding bookings or Activities, the Site, Services and Site Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without WeTrain’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. WeTrain may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by WeTrain (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of England and Wales, without regard to any conflict of law provisions. You and we agree to submit to the jurisdiction of the courts of England and Wales for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

You and WeTrain agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and WeTrain are each waiving the right to a trial by jury or to participate as a claimant or class member in any purported class action or representative proceeding. Further, unless both you and WeTrain otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

The arbitration will be administered by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators. The arbitration will be conducted in accordance with the International Chamber of Commerce Rules then in effect and shall take place in London, UK.

General

The failure of WeTrain to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WeTrain. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.