PHYSIQUE X ONLINE COACHING TERMS AND CONDITIONS
This Privacy Policy applies to the mobile application Physqiue X. We are committed to protecting the privacy of our users and ensuring transparency about how your data is collected and used.
By purchasing our services, you agree that the following Terms and Conditions represent a legally binding contract between yourself and Kieran Nicholls Fitness Ltd.
1. Physical Exercise and Health Risks
Physical exercise can be strenuous and may involve the risk of serious injury. Kieran Nicholls Fitness Ltd recommends that you obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise program. By engaging in physical exercise or training activities, you do so entirely at your own risk. Any enhancement products are entirely your responsibility, and you should consult a physician or other healthcare professional before undergoing any dietary or supplement program. By using the advice and services of Kieran Nicholls Coaching Ltd, you acknowledge and assume all risks of injury, illness, or death.
2. Release and Waiver of Liability
You acknowledge that you have read and fully understand these terms and conditions. By accepting these terms, you agree to release and discharge Kieran Nicholls Fitness Ltd (including trainers, instructors, employees, directors, and officers) from any and all claims or causes of action, including those for personal injury, property loss, or damage. You waive any right to bring legal action against Kieran Nicholls Fitness Ltd for any injury or loss arising from the use of the services.
3. Tort of Negligence
The release and waiver of liability include any claims under the tort of negligence, whether arising under statute, common law, or otherwise.
4. Sever ability
If any portion of this release is deemed invalid by a court of competent jurisdiction, the remainder of the terms and conditions shall remain in full force, and any invalid provisions will be severed from these terms.
5. Payment Policy
Once the first payment or deposit for online coaching has been made, you agree that such payment is non-refundable.
6. Responsibility for Communication
It is your responsibility to complete weekly check-ins and maintain contact with us. If no check-ins are received from you, Kieran Nicholls Fitness Ltd is under no obligation to follow up or chase you.
7. Use of Before-and-After Images
Kieran Nicholls Fitness Ltd reserves the right to use any before-and-after images for promotional purposes, both online and offline. By engaging with our services, you consent to this usage.
8. Mailing List
By signing up for our online coaching services, you will be added to our mailing list to receive company updates, event notifications, and new content. You may opt out of the mailing list at any time.
9. Medical Disclaimer
The information and advice provided by Kieran Nicholls Fitness Ltd is not medical advice. Any participant should consult a qualified medical professional before following any advice or program.
10. No Refunds Outside of Clause 16
Kieran Nicholls Fitness Ltd will not issue refunds or part-refunds.
11. Contractual Commitment
By purchasing coaching services, you enter a 2-month contract (3 months if signed up through the MapRoom link, which includes one additional month). The contract cannot be terminated unless the full outstanding balance is paid.
12. Payment Collection
Any missed or canceled payments will be forwarded to a third-party payment collection service.
13. Contract Termination
After the initial 2-month paid contract (or 3-month paid contract if you signed up via the MapRoom link), a 30-day notice period is required to terminate your contract. All payments within this notice period will still be due in full.
14. Acceptance of Terms
These Terms and Conditions are deemed to be accepted upon purchase of Kieran Nicholls FitnessLtd services, without the need for a signature, unless otherwise agreed in writing by both parties.
15. Governing Law
These Terms and Conditions are governed by the law of England. Any disputes shall be subject to the exclusive jurisdiction of the English courts.
16. App Store Compliance and User Responsibility
If you are accessing our services through an app available in the App Store (Apple’s App Store or Google Play), you agree to comply with all terms and conditions set by the respective platform. You further acknowledge and agree that your use of our app may be subject to additional terms imposed by the App Store or relevant app distribution platform. Kieran Nicholls Fitness Ltd is not responsible for any third-party issues arising from your use of the app, and you agree to indemnify and hold harmless Kieran Nicholls Fitness Ltd in case of any disputes arising out of such third-party app store terms.
17. CONNECTING WEARABLES
If you want to connect your wearables to the application, we will request permissions to access the necessary data, ensuring that services like Health Connect on Android and Apple Health on iOS are installed on your device. If you’re using an Android device, we will also request additional permissions to enable seamless data synchronization in the background.
18. FITNESS DATA PERMISSIONS
We collect fitness diagnostics data from your synced wearables to improve user experience and provide personalized services for our trackers. The data collected may include physical activity levels, and other fitness-related metrics. For example, our “Step Tracker” will use Steps Record for the functionality of the widget.
19. CORRECTING YOUR DATA
If the personal data you have submitted is incorrect or incomplete, you have a right to request rectification of your data. You can do so by contacting me via the e-mail address given below.
20. REQUESTING DATA DELETION
We respect your right to privacy and provide you with the option to delete your personal data at any time. You can request the removal of your information by visiting {member’s_area}/account-delete or by navigating to Account Settings → Delete Account within the app. Once your request is submitted, we will process the deletion in accordance with our data retention policies, ensuring that your information is permanently removed from our systems.
21. DATA RETENTION AND DELETION
We will only store your information as long as necessary to fulfill the purposes for which the information is collected and processed or, where applicable law provides for longer storage and retention periods, for the storage and retention period required by law. After that your personal information will be deleted.
Please contact us on support@kierannichollsfitness.com if you have any queries