Fitu is an online platform that enables health and fitness professionals (Event Creators) to create classes or events through the dedicated Event Creator portal (partner.fituapp.com) and its app or website users to book those events or fitness classes on demand through our app or site (www.fituapp.com).
These Terms of Service (Terms) cover the terms on which you as an Event Creator may use the site and create events for our app users to book and attend.
By using or accessing the site, you agree to these Terms, which govern the relationship between Fitu and the Event Creator, as well as the relationship between you and our app users. Please read these Terms carefully before you start to use the site. These terms may change from time to time so please check them regularly.
Please also read our Website Terms and Conditions. If you do not agree with them or the policies referred to in them, please do not use the site.
The below Terms set out the terms applicable to the transactions that are carried out between you and the app users and outline how we expect Fitu users to operate and behave. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
You should print a copy of these Terms or save them to your computer for future reference.
In order to begin creating events on the site, you must register for an account with us by following the on-screen prompts on the site. By registering for an account on the site, you confirm that you have understood and accepted our terms and conditions.
You must provide proof of identity as part of your registration as well as a copy of your relevant insurance policy. You may also upload evidence of your certification, education or qualifications relevant to your role as an Event Creator, however this is not mandatory. If you choose to upload such documentation, we shall display it alongside any events you create for our app users to inspect. You must also provide a description of the type or types of events you wish to create and list on our platform in as much detail as possible.
If we agree, at our sole discretion, that you meet the criteria to participate in creating events on our platform, we shall grant you access to the platform and you may begin creating events. We reserve the right to refuse any applications that we deem to be unsuitable for our platform or where evidence of appropriate insurance cover or other information requested, is not supplied by you.
You warrant that the information you have supplied about you and your events as part of the registration process is accurate and that you will notify us of any changes at firstname.lastname@example.org. We may also ask you to supply us with further information about you and your business and you agree that you shall supply that information to us promptly, accurately and truthfully.
We reserve the right to revoke access to the platform and remove any listings of events that are in breach of our terms and conditions at our discretion.
You are responsible for safeguarding the security of your account, including keeping your password confidential.
Unless agreed by us in writing, all users of the platform are limited to only one account.
Our services are only available to UK residents and so a UK address will be required in the registration process otherwise your registration will not be accepted.
User rights of access
You have permission for temporary, non-exclusive use of the the site. Fitu reserves the right to withdraw or change the content of the app or site and these terms at any time without notifying you and without having any legal responsibility towards you.
You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the app or site.
You are also not allowed to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the app or site and/or any documents or online resources on the site available to any third party.
You are responsible for configuring your own computer and software to access the material and content on our app or site including downloadable files. We do not warrant that the way we deliver data to you is compatible with your software or with the way your mobile device, computer or tablet is configured. Although we do our best to protect our app and site, we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself.
You must treat all identification codes, passwords and other security information that you obtain from use of the app and site and (where applicable) for you to access parts of the app and site, as confidential. If we think you have failed to keep confidentiality, we may disable any such information, including your passwords and other codes.
You agree to follow our Acceptable Use Policy.
If you allow anyone else to use our app or site, you must make sure that they read these terms first, and that they agree to and follow them.
If you do not use the app and site according to the law and these terms, we may suspend your usage, or stop it completely.
We frequently update the site and make changes to it, but we have no duty to do this. This means that content on the site may be outdated or incorrect. We will have no liability to you for any losses or damage you may suffer from your reliance on any of our materials.
Our service to you
These terms set out the terms on which we provide you access to Fitu to enable you to list health and fitness-related classes, events and services (events) offered to our platform users. You are bound by these terms which govern how you use Fitu and how you interact and transact with other platform users and event creators.
Upon registration for an account with Fitu, you will be asked to confirm that you have read, understood and accepted these terms. You will not be able to list or collect payment for any events unless confirmation is given that you accept our terms and provide us with your own terms and conditions or adopt our sample terms and conditions as your own. Any terms that you seek to impose in respect of any payments you receive through our service or site will not form part of any contract between us. Please read these terms of service carefully before using our Services. If you have any queries on these terms please contact us at email@example.com before using our Services.
By using our Services through our site, you warrant that you are doing so in you capacity as a sole trader or limited company or other business entity and that you are legally capable of entering into binding contracts.
How Fitu works
There are two primary users on our site: platform users and event creators. Event creators list their events on our platform, and platform users may book, pay for and attend those events.
Both parties act independently and for their own business purposes. To use and transact on our site, you must be acting as a business.
Our aim is to enable our platform users to book fitness classes on demand that are carried out by our event creators in a way that is quick, easy, comparable and transparent. Event Creators who list their events on our site will adhere to our Terms but in addition will have their own terms and conditions which platform users shall be asked to accept before placing any orders. You must provide us with your terms and conditions so we can include them onto our platform, upon registration. In the event that we, at our sole discretion, provide you with sample terms and conditions for you to adopt as your own, you understand and agree that those terms shall thereafter be deemed to your own terms and conditions, at your own risk, and that we shall bear no liability or responsibility towards you or any other platform user or third party, on the basis of those terms and conditions.
Fitu provides a platform for the primary purpose of enabling our users to interact and transact through the app, the site and its services.
We act as the the platform users’ agent only in that we collect and disseminate payment for them to you.
Once an event is booked by a platform user, a legally binding contract is formed between you and the platform user. Fitu is not party to the transaction and shall not bear any express or implied liabilities related to the events you list on our site. We shall not possess, check or act as caretakers of any events that are listed by you at any time.
Our relationship and your responsibilities
Nothing in these terms shall render you an employee, worker, agent or partner of Fitu and you shall not hold yourself out as such.
You are solely responsible for accounting for all taxes due relating to the provision of your services on our site or app.
You shall be fully responsible for and indemnify us against any liability, assessment or claim for:
- taxation whatsoever arising from or made in connection with the performance of the Services, where such recovery is not prohibited by law; and
- any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by you or any substitute against us arising out of or in connection with the provision of your services through the events you create on our site, except where such claim is as a result of any act or omission of Fitu.
We may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to you.
You must comply with the Bribery Act 2010. Failure to do so may result in the immediate termination of this agreement.
You must not engage in any activity, practice or conduct which would constitute either a UK tax evasion facilitation offence or a foreign tax evasion facilitation offence under the Criminal Finances Act 2017. Failure to adhere to this paragraph, shall result in the immediate termination of this agreement.
You shall have personal liability for and shall indemnify us for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you of these terms, including any negligent or reckless act, omission or default in the provision of your services and shall maintain in force during the period of this agreement adequate insurance cover with reputable insurers.
Booking a class
The contract for the class or event booking will only be formed when you the platform user has agreed to these terms of service, your terms and conditions and, where applicable, they have made payment in full for the event you are booking. We reserve the right, in our sole discretion to reject any booking request we receive. You may advertise free events on our platform, in which case we shall not collect any commission from you. Requesting that payment is made in person by our platform user or that payment is made outside the platform for an event that you list on our platform, shall be a breach of these terms and we reserve the right to terminate your access to the site and use of our services indefinitely and exercise all our rights conferred to us by law.
Once a platform user makes a booking on the app or site for an events by following the on-screen prompts, we shall send them a confirmation e-mail with the details of their booking.
Platform users must book, pay or cancel any classes or events only through the Fitu app. It shall be a breach of these terms if you accept a booking, payment or cancellation directly from a platform user, including through any online or mobile account or through social media. If you accept a booking, payment or cancellation directly from a platform user, we reserve the right to charge you any applicable cancellation fees, and/or to suspend your use of our service permanently.
Cancellations and refunds
If a platform user books and thereafter cancels a class and they request a refund, you shall agree to the provision of a refund where such notification has been made with 48 hours’ notice, unless otherwise stated in your event listing in a clear and transparent manner. We do not expect you to agree to providing refunds where platform users do not attend a class or cancel a class less than 48 hours before the event takes place.
Where you cancel an event you must notify us at least 12 hours prior the event, otherwise we may charge you for any costs and damages we incur or administrative costs in processing the refunds to the platform users.
For the avoidance of doubt, adverse weather conditions shall not warrant the cancellation of a class or event, even when the event is planned to take place outdoors. However, if you believe that weather conditions may cause health and safety concerns, please contact us as firstname.lastname@example.org.
You accept to be solely responsible for event taking place in time and in the location as described, for the quality of the event, accuracy of description, adherence to health and safety regulations and practices, provision of adequate information about your event and any specific requirements for attendance, including appropriate fitness levels (where applicable) and special equipment or attire needed and any event-related information that may be required or expected by our platform users before they book or attend your event. Any disclaimers, notices, warnings or restrictions must be clearly stated.
You undertake to address any issues raised by our platform users, including, but not limited to, complaints and cancellation or refund requests in a timely and effective manner. You must ensure that your practices and events are not in breach of any applicable laws and that no regulatory restrictions or specific duties apply to the events you are creating and offering. Fitu shall not be responsible for verifying your right to create and carry out an event, or whether the offer of such event is prohibited or deemed illegal. Fitu reserves the right to remove from listing, without prior notice to the Event Creator, any event listing whose offer becomes illegal or controversial in the UK.
You must ensure your events listed:
- do not infringe any third party intellectual property and you have all necessary licences or approvals in order to offer your services to the users of our platform;
- are safe for the participants and do not take place in dangerous or unsafe premises;
- all equipment used or attire offered, either as part of the event or at and additional price, must be kept in good order and regularly maintained and checked as per good industry practice and all safety laws and regulations.
Where any events you list are subject to a licence, permit or other type of permission, that you hold the necessary licence, permit or permission for the event to take place. We shall not be liable for any cancelled events due to your failure to obtain the necessary licence, permit or permission and where refunds are processed on that basis, we may still charge you an equivalent commission fee.
By listing an event at a price, you agree that you will carry out that event at that price for the users on our platform. The price listed must be in GBP currency only and include all applicable taxes. If as part of your event you are offering special equipment or attire for an additional price, that price must be clearly displayed as part of your event listing.
Payment shall be made directly to us by a platform user who books your event, and we shall thereafter transfer the fee to you, less our commission of 20% per event and per platform user plus any further fees where those are agreed in advance. Payment to you shall be made monthly.
We shall process our payments to you either manually, directly from our bank account or through our payment service provider, Stripe Payments Europe, Ltd (Stripe). Stripe’s payment provision services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (the Stripe Services Agreement). By agreeing to these terms of service, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. As a condition, you agree to provide us with accurate and complete information about you, and you authorise us to share it along with transaction information related to your use of the payment processing services provided by Stripe.
By listing your event on the platform you agree to pay all such applicable fees.
User submissions and event reviews
THE FITU APP PROVIDES CERTAIN FEATURES WHICH ENABLE PLATFORM USERS AND OTHER USERS TO SUBMIT, POST, AND SHARE CONTENT, WHICH MAY INCLUDE WITHOUT LIMITATION TEXT, GRAPHIC AND PICTORIAL WORKS, OR ANY OTHER CONTENT SUBMITTED BY YOU AND OTHER USERS THROUGH THE APP (“USER SUBMISSIONS”).
FITU DOES NOT GUARANTEE ANY ANONYMITY OR CONFIDENTIALITY WITH RESPECT TO ANY USER SUBMISSIONS, AND STRONGLY RECOMMENDS THAT YOU THINK CAREFULLY ABOUT WHAT YOU UPLOAD TO THE SITE. YOU UNDERSTAND AND AGREE THAT USER SUBMISSIONS MAY BE MADE PUBLIC WITHOUT ANY ADDITIONAL NOTICE TO OR CONSENT BY YOU AND YOU SHOULD ASSUME THAT ANY PERSON (WHETHER OR NOT A USER OF FITU’ PLATFORM), INCLUDING ANY PLATFORM USER OR OTHER EVENT CREATOR, MAY READ YOUR USER SUBMISSIONS. FITU IS NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY INFORMATION THAT YOU DISCLOSE IN CONNECTION WITH USER SUBMISSIONS, INCLUDING ANY PERSONAL INFORMATION.
USER SUBMISSIONS ARE DISPLAYED FOR INFORMATION PURPOSES ONLY AND REFLECT THE OPINIONS OF THE PERSON MAKING THE SUBMISSION. THEY ARE NOT CONTROLLED BY, AND SHALL NOT REFLECT THE OPINION OF FITU. YOU UNDERSTAND THAT ALL USER SUBMISSIONS ARE THE SOLE RESPONSIBILITY OF THE PERSON FROM WHOM SUCH USER SUBMISSION ORIGINATED. THIS MEANS THAT YOU, AND NOT FITU, ARE ENTIRELY RESPONSIBLE FOR ALL USER SUBMISSIONS THAT YOU UPLOAD, POST, E-MAIL, TRANSMIT, OR OTHERWISE MAKE AVAILABLE THROUGH THE APP. YOU AFFIRM, REPRESENT, AND WARRANT THAT YOU OWN, OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS TO USE THE USER SUBMISSIONS YOU MAKE.
WE MAKE NO REPRESENTATIONS THAT WE WILL PUBLISH OR MAKE AVAILABLE ON THE APP ANY USER SUBMISSIONS, AND WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO REFUSE TO ALLOW ANY USER SUBMISSIONS ON THE APP, OR TO EDIT OR REMOVE ANY USER SUBMISSION AT ANY TIME WITH OR WITHOUT NOTICE.
YOU UNDERSTAND THAT WHEN USING THE APP, YOU MAY BE EXPOSED TO USER SUBMISSIONS FROM A VARIETY OF SOURCES AND THAT FITU DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUALPROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS.
YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER SUBMISSIONS THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE. YOU ACKNOWLEDGE AND AGREE THAT FITU SHALL BEAR NO LIABILITY OR RESPONSIBILITY WHATSOEVER IN ANY SUCH USER SUBMISSIONS.
We are the owner or licensee of all intellectual property rights in the site, including any databases that hold relevant information about the app, the site and its services. They are protected by copyright or trademark registration and you may only use any our services in line with these terms.
Whilst we are not party to the transaction, we may try to help users resolve disputes.
Where a platform user and an event creator are unable to resolve a dispute resulting from a transaction that occurred on the platform, they may resort to us by contacting us at email@example.com.
For the avoidance of doubt, we have no obligation to resolve disputes and will consider to do so in our sole discretion and based solely on our policies.
You release us and our directors, officers, employees and representatives from any and all claims, demands, damages, including consequential loss of every kind and nature arising out of or in any way connected with disputes between buyers and producers or external parties.
You may only use the platform, site and its services for their primary purpose.
In your interactions, you must at all times remain courteous and polite and not use any usernames, comments, descriptions or messages that are obscene, discriminatory, offensive or discourteous.
You are responsible for all data transferred from your systems to our website and services and shall bear all liabilities in any way connected to such data and content.
Communication between users
You may not communicate directly with our platform users, unless we agree to it in writing. This includes but is not limited to promotional leaflets that you give out at your events, promotional emails, including email signatures or footers with marketing messages, and order acknowledgement or dispatch emails. All communications must go through us.
You hereby further agree that in the event a platform user contacts you directly, outside the platform, you shall notify us immediately by emailing firstname.lastname@example.org. Failure to adhere to the obligations in this paragraph shall constitute a breach of these Terms and shall lead to the temporary or permanent suspension of our service to you, disablement of your account and ceasing of all your activities on the site for an indefinite period.
Use of data
Limits of warranties and liabilities
We do not represent or warrant that the information provided about the platform users or event creators and their events, is accurate or complete. Fitu shall not bear any direct or indirect liability for any damage or loss arising or relating to any use or reliance on any information displayed on the site.
You should not rely solely on the information presented on the site. We recommend that you contact us directly at email@example.com in case you have a specific concern or question regarding a platform user or other event creator.
You are responsible for ensuring that any hardware you use to download and/or access Fitu, functions correctly with our site. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. We are not obliged to ensure that our site are compatible with every manufacturer of mobile handsets.
We shall not limit or exclude our liability for:
- death or personal injury;
- fraud or fraudulent misrepresentation; or
- any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.
We shall not be liable to you for any indirect, special or consequential loss or damage, including:
- loss of profit;
- loss of goodwill;
- loss of savings; or
- loss of contract.
WE ALSO EXCLUDE, BUT ONLY AS FAR AS LEGALLY POSSIBLE, ALL TERMS AND WARRANTIES OR PROMISES IMPLIED BY LAW OR BY STATUTES.
ALTHOUGH WE TRY TO ENSURE OUR SITE WORKS SEAMLESSLY AND WITHOUT ERRORS, WE DO NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER RESULTING FROM ANY INTERRUPTIONS, ALTHOUGH WE WILL USE OUR BEST ENDEAVOURS TO RECTIFY ANY ISSUES YOU ENCOUNTER AS SOON AS POSSIBLE.
ANY DUTY OF CARE OWED TO YOU BY US IS OWED TO YOU ALONE AND NO DUTY OF CARE IS OWED TO ANY THIRD PARTY AND WE DO NOT ASSUME ANY RESPONSIBILITY TO ANY THIRD PARTY IN RESPECT OF THE PERFORMANCE OF OUR DUTIES TO YOU.
We will monitor your performance and may reasonably request further information about you or your business activities from time to time. We reserve the right to suspend or terminate your account if you fail to provide us with such information, or if your business conduct or use of the service is detrimental to the quality of the platform in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability or otherwise harmful to our business operation or abusive to buyers.
We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.
You agree that Fitu, at its sole discretion, may terminate, deactivate and / or suspend any account you may have with us or your use of our site and remove all or any part of your account or any content that you upload.
We may also discontinue, modify or amend any aspect, feature or policy that is on our site or app. Fitu may at its sole discretion and at any time stop providing access to the site, or any part of it, with or without notice and Fitu will not be liable to you or any third party for any such termination of access.
Copyright infringing activities are illegal and we reserve the right to terminate any access to our site or app and remove all content submitted by anyone who is found to be an infringer. Any suspected fraudulent, abusive, or illegal activity may also be referred to appropriate law enforcement bodies. These remedies are in addition to any other remedies that we may have at law.
Events outside our control
We will not be liable for any failure or delay to perform any of our obligations under a contract for a digital product that is caused by events outside our reasonable control.
If you do anything which is a criminal offence under the Computer Misuse Act 1990 (such as for example introducing viruses, worms, Trojans and other technologically harmful or damaging material) your right to use the site will end immediately, we will report you to the relevant authorities and provide them with details of your identity.
You must not try to obtain access to our server or any connected database or make any 'attack' on the site.
Nothing in this Agreement shall be construed to create an agency, partnership or joint venture between the parties.
You have no authority (and shall not hold yourself out as having authority) to bind the Client, unless we have specifically permitted this in writing in advance.
This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any matters arising in connection to this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you have any questions or a complaint about the service provided by us please contact firstname.lastname@example.org to make your complaint.