Terms & Conditions
Account with Us - “Account”
Any person using the site - “User”
Site User - “You” “Your” “Yours”
A person with a high degree of skill and knowledge on a subject - “Expert”
The persons who provide services to the site - “Service Providers“
List of services provided - “Listings“
Application on the Site - “Application”
Appointment - “Appointment”
Cancellation of appointment - “Cancellation”
Content provided collectively - “Collective Content”
Content provided by an Expert – “Expert Content”
Fees charged for Appointments - “Appointment Fee”
Fitmind.io Limited - “We” “Us” “Our” “Ours”
www.fitmind.io - “Site”
accessing and using the Site, you acknowledge that You have read,
understood and agree to be bound by these Terms, including the
form an agreement that is effective as if you had signed it. If at
any time you do not agree to these Terms.
1.1.1 You may no longer access or use the Site or any of its content and Your right to use this site is revoked.
2.1 These Terms may be revised or updated. Accordingly, You should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page.
2.2 Each time you access, use or browse the Site, You signify Your acceptance of the then current Terms.
2.3 Any material changes in these Terms take effect upon posting and apply only to your use of the Site and information collected from you on and after Last Revised date, unless we have other communications with You.
2.4 We may make changes to the Site, content, products, services or features of the Site at any time.
2.5 You understand and agree that We may discontinue or restrict Your use of the Site at any time for any reason or no reason with or without notice and without reference to You and there is no right of appeal.
2.6 It is Your responsibility to ensure that Your personal data held on this Site is up to date at all times.
3. Permitted Users of the Site
Site and Services are intended solely for persons who are 18 or
3.2 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 You represent and warrant that.
You are 18 or older and able to form legally binding contracts.
3.3 If You have accessed this site and You are under the age of 18 You must immediately leave the site and must not access the site in the future until You reach the age of 18.
4. How the Site and Services Work
Site is a platform for Users and Experts to connect and schedule
Appointments in order to exchange information with leading service
You may view Listings as an unregistered visitor to the Site and
Services; however, if you wish to use the Services, You must first
register to create an Account (as defined below).
role is solely to facilitate the availability of the Site and
Services and to provide services related thereto, such as Appointment
scheduling and payment integration.
We do our best to ensure all meetings are positive and add value, We
are not responsible for User or Expert Content or any information or
advice exchanged between Users and Experts during Appointments or
Please see clauses 16 and 17.
4.5 We do not verify the credentials of all of Our Experts. You understand and acknowledge that Experts are not employees, agents, contractors, subcontractors or in any way affiliated to Us but are independent Service Providers using the Site and Services to market their expertise to other Experts and the public.
acknowledge and agree that We are not be liable for any loss or
damage caused by your reliance on information provided by Experts or
information contained in Expert Content.
(Users, Service Providers and Experts) acknowledge and agree that We
offer no guarantee as to the Services received or provided. You
acknowledge and agree that We have no liability for any loss or
damage caused to You or by You in Your use of this Site.
5. Cancellation & Refund Policy
and Experts can cancel up to 24 hours before the meeting with no
can cancel an Appointment at any time in line with clause 5.1 and 5.2
and it’s terms.
5.3 Any cancellations which are outside of these times will incur, without reference to You and without exception under any circumstances, the full charge as though the meeting had taken place.
6. User Account Registration
Registration: To access certain features of the Site You are obliged
to register and create an Account and become a User.
6.2 You must register directly via the Site (“Fitmind”) as described in this section.
7. User Conduct
acknowledge and agree that You are solely responsible for compliance
with any and all laws, rules, regulations, and tax obligations that
may apply to Your use of the Site, Services and Content. We do not
accept any liability, damage or losses, how ever caused by Your use
of this Site. Please see clauses 16 and 17.
connection with or whilst using Our Site and Services, You may not
and You agree that you will not:
7.2.1 violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; or
manual or automated software, devices, scripts robots, other means or
processes to access, “scrape”, “crawl” or “spider” any
web pages or other services contained in the Site, Services or
the Site or Services for any commercial or other purposes that are
not expressly permitted by these Terms; or
store or otherwise access any information contained on the Site
Services or Content for purposes not expressly permitted by these
the rights of any person or entity, including without limitation,
their intellectual property, privacy, publicity, patent or
contractual rights; or
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
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
Our Site or Services in connection with the distribution of
unsolicited commercial email ("spam") or advertisements
unrelated to lodging in a private residence; "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 a Fitmind
for more than one Fitmind Account or register for a Fitmind Account
on behalf of an individual other than Yourself; or
an Expert for any purpose other than asking a question related to the
or otherwise solicit any other Expert to join third party services or
websites that are competitive to Fitmind, without Fitmind’s prior
agreement and written approval; or
7.2.13 impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity; or
automated scripts to collect information or otherwise interact with
the Site or Services; or
the Site and Services to find an Expert and then complete a
transaction independent of the Site or Services in order to
circumvent the obligation to pay any fees related to Us provision of
the Services; or
an Expert, submit any Listing with a false or misleading information,
or submit any Listing with a price that you do not intend to honour
or subsequently change; or
7.2.17 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; or
7.2.18 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; or
7.2.19 use, display, mirror or frame the Site or any individual element within the Site or Service, Fitmind’s name, any Fitmind trademark, logo or other proprietary information, intellectual property or the layout and design of any page or form contained on a page, without Our express agreement and prior written consent; or
tamper with, or use non-public areas of the Site, Our computer
systems, or the technical delivery systems of Fitmind’s providers;
7.2.21 attempt to probe, scan, or test the vulnerability of any of Our or network or breach any security or authentication measures; or
7.2.22 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Fitmind or any of Our providers or any other third party (including another user) to protect the Site, Services or Collective Content; or
7.2.23 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 Collective Content to send altered, deceptive or false source-identifying information; or
7.2.24 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
7.3 We have the right, and intend to do so, to investigate and prosecute violations of any of the above to the fullest extent of the law.
will involve and cooperate with law enforcement authorities in
prosecuting Users who violate any or part of these Terms.
7.5 You acknowledge that We have no obligation to monitor Your access to or use of the Site, Services or Collective Content or to review or edit any Expert Content, but We have the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms; or
7.5.1 to comply with applicable law or the order or requirement of a court order, court of competent jurisdiction, administrative agency or other governmental body.
7.6 We reserve the right, at any time and without prior notice, to remove or disable access to any Collective Content that We, at Our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
8. Appointments and Financial Terms for Users
8.1 You (as a User), not Us, are solely responsible for attending any confirmed Appointments.
8.2 When You enter into a transaction with an Expert by scheduling an Appointment via the Site these Terms and other terms, conditions, rules and restrictions associated with such Appointment as set out in the Listing will apply.
8.3 You acknowledge and agree that You, not Us, are responsible for performing any and all of the obligations of any such agreements, and We are not a party to such agreements and We have no liability arising from or related to any such agreements.
8.4 You agree to pay Us all Appointment Fees due in connection with any Appointment, see clause 5 for Our cancellation and refund policy.
8.5 In order to initiate an Appointment, You acknowledge and agree that We reserve the right, in Our sole discretion, to obtain a pre-authorization of your credit card or charge your credit card a nominal amount, not to exceed one Great British Pound (£1), in order that We can verify your credit card.
8.7 We do not control any fees that may be charged to an Expert by his or her bank related to Our collection of the Appointment Fees, and We disclaim all liability in this regard and You acknowledge and Agree that We have no Liability in this matter.
8.8 In respect of Your payment, You will be required to provide customary billing information such as name, billing address and credit card information either to Us or Our third party payment processor.
8.9 You agree to pay Us for any and all Appointments which take place or are in breach of Our cancellation policy (see clause 5) and in accordance with these Terms, by one of the methods described on the Site or Application – (e.g. by Mastercard or Visa)
8.10 You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Appointment, either directly by Us or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or any other such payment process as may be in force at the time.
8.12 Once Your payment transaction is complete you will receive a confirmation email summarizing your confirmed Appointment.
9. Dispute Resolution
9.1 You and Us agree and acknowledge that any dispute, claim or controversy arising out of or in connection with 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”) shall be submitted to arbitration and will be settled by binding arbitration.
9.2 If the parties do not agree upon an arbitrator, either party may request a nomination from the chair of the Arbitration.
9.3 You and Us agree and acknowledge that should any dispute arise that an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR) will be made and his/her recommendations will be adopted.
9.4 You and Us agree and acknowledge 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.
9.5 You acknowledge and agree that You and Us are each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceeding.
9.6 It is agreed and acknowledged unless both You and Us 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.
9.7 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.
9.8 Except as provided in clause 9.4, this “Dispute Resolution” section will survive any termination of these Terms.
information and notices concerning Our collection and use of Your
10.2 We confirm that this policy is only in respect of Our website and Our content and no other content or website, even if the content is on Our website or available through Our website.
must read this Policy and if You do not agree to its terms You must
leave the site and may not use the Services supplied through the
11. Fitmind Content and Expert Content License
11.1 Subject to Your complete compliance with the terms and conditions of this Site, We grant You a limited, non-exclusive, non-transferable license, to:
11.1.1 access and view any Our Content solely for Your personal and non-commercial purposes; and
11.1.2 access and view any expert Content to which you are permitted access, solely for Your personal and non-commercial purposes.
11.2 You have no legal rights over this Content and no right to sublicense the license rights granted in this section.
11.3 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 Collective Content, except as expressly permitted in these Terms.
11.4 No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Us or its licensors, except for the licenses and rights expressly granted in these Terms.
12.1 The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that We are not responsible or liable for:
12.1.1 the availability or accuracy of such websites or resources; or
12.1.2 the content, products, or services on or available from such websites or resources.
12.2 Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content,
products, or services available from such websites or resources.
12.3 You acknowledge and agree that You have sole responsibility for and assume all risk, including, but not exclusively, any liability, loss, illegality or damage arising from Your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
13. Proprietary Rights Notices
13.1 All trademarks, service marks, logos, trade names, intellectual property and any other proprietary designations of Ours used herein are trademarks or registered trademarks of Ours.
13.2 Any other trademarks, service marks, logos, trade names, intellectual property and any other proprietary designs are the trademarks or registered trademarks of their respective parties.
13.3 You may not use in any way whatsoever any of these trademarks, logos, trade names, proprietary designs, intellectual property rights and the like whether they are Ours or belong to any other person without prior written agreement from us (if they are Ours) or from the holders of such trademarks, logos, trade names, proprietary designs, intellectual property rights and the like.
14. Copyright Policy
14.1 We respect and adhere to copyright law and its users must also respect and adhere to the same.
14.2 It is Our policy to terminate in appropriate circumstances, and We shall be the arbiter of this opinion, any Accounts of any Experts who infringe or are believed or may being going to infringe the rights of any copyright holders.
15. Termination and Fitmind Account Deactivation
15.1 We may, in our absolute discretion and without liability or notice to you, with or without cause, with or without prior notice and at any time:
15.1.1 terminate these Terms or your access to our Site and Services; and
15.1.2 deactivate or cancel your Fitmind Account.
15.2 Upon termination We will promptly pay You any amounts We reasonably determine We owe You at entirely our discretion, which We are legally obligated to pay You.
15.3 In the event We terminate these Terms, or Your access to our Site and Services or We deactivate or cancel Your Account with Us You will remain liable for all amounts due hereunder.
15.4 You may cancel Your Account at any time by contacting Us.
your Fitmind 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.
Such Content and Feedback shall become and shall remain Our
161. If You choose to use Our Site, Application or Service, You do so entirely at Your own risk.
16.2 You acknowledge and agree that We do not have any obligations, what so ever, or under any circumstances, to conduct any checks, including but not exclusively, background checks, on any Expert or User on this Site.
16.3 We may, entirely at Our sole discretion make such background checks but You agree and acknowledge that the Content, and all of it, is provided on an “as is” basis.
16.4 All of the Content is provided without any warranty of any kind, either expressly or implied and without any limitation.
expressly and explicitly disclaim any warranty of merchantability,
fitness for any particular purpose, quiet enjoyment or
non-infringement or any other such similar matter any warranties
arising in the course of dealing or usage of trade.
16.6 We make no warranty that the Site or Services Collective Content, including but not restricted to, the Listings or any information provided via any Appointment will meet Your requirements or will be available or made available in an uninterrupted, secure or error free basis.
16.7 We make no warranty in respect of the quality of any Listing, the truthfulness, completeness or reliability of any Collective Content obtained through the Site or Service.
16.8 No advice or information, whether either oral or in writing, obtained from Us, Our site or Service or any Collective Content will create any warranty expressly our otherwise, herein.
17. Your Responsibility to Us, Other Users, Experts and Content Providers on the Site.
17.1 You and You only are solely responsible for all and any of Your communications, interactions and any other such thing, with other users of this Site or Services and with any other person You may communicate with or interact with as a result of Your use of the Site and Service.
17.2 You agree and acknowledge that We do not make any attempt, effort or inquiry to verify or find the truth of any Users of the Site or Services.
17.3 We do not, under any circumstances, make any representations or warranties as to the conduct of the Users of the Site or Services nor their past, present or future compatibility with any past, present, current or future Users of the Site.
17.4 You acknowledge and agree to take all and any reasonable precautions with all of Your communications and interactions with all other users of the Site and Services. This to ensure proper and reasonable communication between all Parties using the Site or Services. This to include but not exclusively Experts, this regardless of whether such communications or interactions are organised by Us or others.
18. Limitation of Liability
18.1 To the maximum extent permitted by law You acknowledge and agree that the entire risk arising out of Your access to and use of the Site, Services, Collective Content, Listings or Appointments, or contact with any other Users with, to, through the Site or Ours, this whether by Phone, online, in person or any other means is Yours entirely and remains with You at all times, both, before, during and after such risk may apply.
18.2 Neither Us nor any other party involved in the creation, production, or delivery of the Site, Services or Collective Content will be liable, in any way, for any incidental, special, exemplary, legal (reasonable costs) or consequential losses or damages, this to include but not exclusively, loss of profits, loss of data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages whatsoever of a personal nature, including bodily injury, emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Site, Services or Collective Content this also from any communications, interactions or meetings with other Users of the Site or Services, or other persons with whom You communicate or interact with as a result of Your use of the Site or Services. Whether or not they are based on warranty, contract, tort, this to include negligence, product liability or any other such thing, whether or not We have been informed of such matters and the possibility of any such damages or alike, this also , even if a limited remedy set forth and contained in these terms has failed or could fail, because of essential purpose.
18.3 In the circumstances or event Our aggregate liability arising out of or in connection with these terms and Your use of the Site or Services, this to include, but not limited to, Your use of the Listings, Appointment or other such Use of the Site or Services or from Your use or inability to use the Site, Services or Collective Content with any other Experts or other Users, will not exceed the amounts You have paid or owe for Appointments made through the Site or Services as an Expert or Use on the site in the twelve (12) month period prior to the event giving rise to the liability or one hundred pounds (£100) which ever is the lower.
18.4 In respect of clause 18.3 and the sums detailed, if no such payments have been made, as applicable, the limitations of damages set forth in clause 18.3 are fundamental elements of the basis of the bargain between Us and You.
18.5 Certain Jurisdictions clauses 18.3 and 4 may not apply.
agree to release, indemnify, and hold Us and Our, contractors,
sub-contractor, affiliates and subsidiaries and agents 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;
19.1.1 Your access to or use of the Site, Services, or Collective Content or Your violation of any of these Terms; (a) Your expert Content and (b) Your (c) interaction with any expert; and/or
19.1.2 any reliance on any information exchanged through the Site or Services; and/or
19.1.3 any creation of a Listing We shall have the right to control and agree or otherwise all defend and settle all actions.
20. Law and Jurisdiction