Introduction

Thank you for purchasing your Hillcliff Total Tennis Fitness Online Programme and related Content and Services (the "Licensed Programme"). The following terms and conditions set forth below (these "Terms of Use") govern your use of the Licensed Programme on any device that permits such download (all such devices, the "Device").

The Licensed Application is provided to you by Hillcliff Personal Training ("Hillcliff Personal Training", "us", "our" or "we").  The Terms of Use, as well as the privacy policy set forth at (the "Privacy Policy"), apply to your use of the services and functionality provided on or through the Licensed Application (the "Services").

By accessing and using the Licensed Programmes, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and the Privacy Policy.  If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use the Licensed Programme.  We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Licensed Application.

Use of the Licensed Programme

The Licensed Programme allows for the delivery of software, text, graphics, images, video, audio, data and other material (collectively referred to as the "Content").  You agree that the Licensed Application may contain Content that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such Content in any way whatsoever except for permitted use of the Licensed Application.  Unauthorized use of the Content may violate copyright, trademark and other laws.  The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Licensed Application, or our partners, sponsors or third parties.  You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use.  You may download Content only for your personal use for non-commercial purposes but no modification or further reproduction of the Content is permitted.  No other use is permitted without prior written consent from us or the owner of the Content.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not sell, transfer, assign, license, sublicense or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute or otherwise use the Content in any way for any public or commercial purpose, except to utilize features of the Licensed Programme that, by their nature, involve publishing or sharing of Content with the public.  If you violate any part of these Terms of Use, your permission to access and/or use the Licensed Programme (including any Content) automatically terminates and you must immediately destroy any copies you have made of the Licensed Programme (including any Content).

The Licensed Application may include access to links to, and content and data from, third-party websites ("External Services"). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Services. The content of such External Services is developed and provided by others. Hillcliff Personal Training has no responsibility for the content of such External Services and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Licensed Application. 

Consent to Use of Aggregated Data

Our collection and use of your personal information provided in connection with this Licensed Application will be subject to the Privacy Policy included as part of our Licensed Application. 

Disclaimer Regarding Health and Medical Information

THE LICENSED APPLICATION PROVIDED BY HILLCLIFF PERSONAL TRAINING IS NOT A SUBSTITUTE FOR, AND DO NOT PROVIDE, MEDICAL ADVICE. THE LICENSED APPLICATION IS PROVIDED FOR PERSONAL EDUCATIONAL, INFORMATIONAL AND CONVENIENCE PURPOSES ONLY AND IS NOT TO BE USED FOR THE DIRECTION OF CARE OF INDIVIDUAL PATIENTS. THE LICENSED APPLICATION IS GENERAL IN NATURE AND IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR A MEDICAL EXAM OR PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, HEALTH COUNSELING OR MEDICAL OPINION FOR END USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION. NEVER DISREGARD OR DELAY SEEKING CONSULTATIVE ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED IN THE LICENSED APPLICATION. HILLCLIFF PERSONAL TRAINING AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR, AND YOU WAIVE ANY CLAIM FOR, ANY PERSONAL INJURY, DAMAGE, AND/OR LIABILITY ARISING OUT OF YOUR USE OF OR YOUR RELIANCE ON THE LICENSED APPLICATION MADE AVAILABLE TO YOU BY US.  RELIANCE ON ANY INFORMATION PROVIDED IN THE LICENSED APPLICATION IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE INFORMATION.

Technical Requirements

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR: (A) THE SELECTION OF THE LICENSED APPLICATION TO ACHIEVE YOUR INTENDED RESULTS; (B) OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE ALL EQUIPMENT (INCLUDING DEVICES) AND SERVICES NECESSARY FOR THE INSTALLATION AND USE OF THE LICENSED APPLICATION AND ALL CONTENT USED IN ASSOCIATION WITH THE LICENSED APPLICATION; (C) PROVIDING A SAFE AND SUITABLE LOCATION AND ENVIRONMENT FOR THE INSTALLATION AND USE OF THE LICENSED APPLICATION; (D) THE USE, INSTALLATION, IMPLEMENTATION AND OPERATION OF THE LICENSED APPLICATIONAND THE RESULTS OBTAINED THEREFROM; (E) SCANNING FOR AND PREVENTING THE RECEIPT AND TRANSMISSION OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; AND (F) MAINTAINING COMPLETE AND CURRENT BACKUP AND ARCHIVAL COPIES OF ALL DATA CONTAINED ON YOUR DEVICE PRIOR TO INSTALLING OR WHILE USING THE LICENSED APPLICATION.

Privacy

Any personally identifiable information in electronic communications to the Licensed Application is governed by this application’s Privacy Policy.  

The sender of any communications to this Licensed Application or otherwise to Hillcliff Personal Training shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

IN ORDER TO PROVIDE YOU WITH THE SERVICES AND ONLY IN ACCORDANCE WITH HILLCLIFF PERSONAL TRAINING’S PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE INTO THIS AGREEMENT, THE LICENSED APPLICATION NEEDS TO COLLECT, USE AND DISCLOSE YOUR PERSONAL INFORMATION. HILLCLIFF PERSONAL TRAINING MAY MODIFY ITS PRIVACY POLICY IN ITS SOLE DISCRETION AT ANY TIME AND SUCH MODIFICATIONS WILL BE EFFECTIVE UPON POSITING TO THE LICENSED APPLICATION.

MOREOVER, HILLCLIFF PERSONAL TRAINING BEAR NO LIABILITY FOR ANY LOSS, DAMAGE OR EXPENSE ARISING, DIRECTLY OR INDIRECTLY, FROM AMENDMENTS TO ITS PRIVACY POLICY. EACH TIME YOU USE THE LICENSED APPLICATION, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION ACCORDING WITH HILLCLIFF PERSONAL TRAINING’s PRIVACY POLICY AS IT THEN READS. YOU UNDERSTAND THAT THIRD PARTIES, INCLUDING GOOGLE AND APPLE INC., MAY COLLECT, USE OR DISCLOSE YOUR PERSONAL INFORMATION WHILE USING YOUR DEVICE OR OTHER SOFTWARE OR APPLICATION AND THAT SUCH COLLECTION, USE OR DISCLOSURE IS SUBJECT TO SUCH THIRD PARTIES' PRIVACY POLICIES.

Payment Terms

The user is responsible for paying all sums due to Hillcliff Personal Training in connection with their programme subscription. The fee payable is due when the subscription account is setup and payment of the fee is a condition of use

Potential users can pay by PayPal or via the app through Stripe. Payment details, together with details of the package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential user financial data (as well as subscription package data) to PayPal or Stripe’s online payment system for processing. The potential user acknowledges that we hold data regarding the package that is being signed up to by the potential user in addition to the last four digits and the expiry date of the card used to purchase the subscription package together with details on when payment of Fees are due.

The potential user shall NOT send credit card details to Hillcliff Personal Training directly by email or any other publicly interceptable means, electronically or otherwise. All credit card transactions shall be processed through PayPal or Stripe directly via the Website or Application. Hillcliff Personal Training cannot be held responsible for the security of, or the misuse of, credit card or other personal information.

Potential users and/or Members should be aware that further terms and conditions required by PayPal and Stripe may apply, and can be found at www.paypal.co.uk and https://stripe.com/gb

The Fees chargeable to paid-for users include any applicable value added tax (VAT), or any other applicable tax or levy.

Termination

Hillcliff Personal Training reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of programme subscription (with or without notice). Termination of service in no ways relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Hillcliff Personal Training starts collection processes of any type, the user shall be liable for all collection costs, including reasonable legal fees and expenses.

Hillcliff Personal Training reserves the right to terminate a user’s account and/or service for any reason (including paid-for subscriptions and/or guest subscriptions), on serving notice to the user at any time by email to the user.

Hillcliff Personal Training reserves the right to terminate a user’s account and/or service (for paid-for subscriptions and/or guest subscriptions) immediately if a user has utilised the Website or Application for unsuitable or inappropriate means or has behaved in an unsuitable manner, as determined by Hillcliff Personal Training in its entire discretion.  The user shall not be entitled to any refund of Fees if Hillcliff Personal Training terminates Subscription in accordance with these Terms.

Modifications or Suspension

We reserve the right at any time and from time to time to interrupt, suspend, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Licensed Application (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any interruption, restriction, modification, suspension or discontinuance of the Licensed Application.

Indemnification

You agree to indemnify, defend and hold us and our agents, business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to either your violation of these Terms of Use, your use of the Licensed Application and/or the unauthorized use of any personal information or data uploaded in connection with the Licensed Application.