Last Updated: 3rd April 2024

By using our Services, you accept these Terms and our Privacy Policy. If you do not agree to these, you should not download or use our Services.

INFORMATION AND TERMS

The following terms govern access to and use of our Services, establishing:

Your legal rights and obligations.

Our legal rights and obligations.

Certain key information required by law.

CONTACT INFORMATION

If we need to contact you, we will do so via email, SMS, prepaid post, or through the Beefit Tracker app using the contact details you have provided us.

By signing up for our website or coaching services, you acknowledge that we (or our representative) may contact you to tell you more about our Services.

USE OF OUR SERVICES

Upon your acceptance and compliance with these Terms, you may:

Download a copy of our website and app to your personal device and exclusively use the services for your personal purposes.

If you download and use our app, receive and use free app updates containing continuous program improvements and bug fixes. We always reserve the right to change the content of the app.

Order coaching services from us, which we may agree to provide to you under these Terms.

You must be 18 years old or have your parents' consent to accept these Terms and download or use our Services. If you are under 18 and have obtained your parents' consent, we recommend that your parents participate in your coaching course and advise you on your use of our Services.

If you are not 18 years old and have not obtained your parents' consent to be in a program with us, we cannot accept you as a client.

YOUR RESPONSIBILITY

We do not offer authorized medical advice or diagnosis, nor do we offer authorized psychological or psychotherapeutic advice. Before starting a training program or a diet program, you should consult your doctor or healthcare professional to determine if a course with us is the right choice for you.

If you experience exhaustion, dizziness, shortness of breath, or pain during exercise, you must immediately stop and seek medical attention. Exercise involves some risk of injury, and you undertake these activities at your own risk.

The use of a diet plan is solely at your own risk, and you should always review the content to check that any allergies or intolerances you may have are in accordance with the plan. Our Services are not a substitute for medical advice or treatment. Our Services are provided only for general information and entertainment purposes.

The following list is not exhaustive of the risks and requirements associated with the use of our Services:

Allergies and intolerances that may affect our preparation of diet plans must always be reported in the questionnaire.

Relevant injuries or diseases that may affect our preparation of training plans must be communicated to us in the questionnaire.

Always carefully review the content/ingredients in your meal plan for foods to which you are allergic or intolerant.

Always ensure that you have sufficient space when performing physical activities.

Ensure that nothing around you can cause harm, restrict, or disturb your movement.

If you choose to use fitness equipment, this is at your own risk.

Limiting caloric intake can in some cases lead to anxiety, eating disorders, depression, fatigue, and other related mental and physical health problems.

Always contact a dietician and/or doctor before starting a fitness or health program in general.

ORDERING COACHING SERVICES

Our acceptance of your order occurs when we send you an email to accept it, at which point our contract for coaching services will arise between you and us.

If we are unable to accept your order, we will inform you of this and will not charge you for the coaching services. This could be due to unexpected limitations on our resources, which we could not reasonably plan for, credit information we have received about you that does not meet our minimum requirements, or because we have identified an error in the price or description of the services.

PAYMENT TERMS

If you agree to receive our paid Services (incl. our coaching services), enrollment for payment via a third-party service. We use Stripe, a globally recognized payment system.

With automatic enrollment, your card details are encrypted during transmission through SSL encryption (Secure Sockets Layer). This encryption ensures a high level of security with regard to unauthorized access to your information.

Your payment terms depend on the exact services agreed between you and us. These payment terms will be indicated in your order confirmation.

WHICH DEVICES CAN THE APP BE USED ON?

You may only download, install, and use the app on a device that you own or have permission to use for these purposes. You are responsible for complying with these Terms and for any use made of this app on any other device, whether or not you own the device, and/or if such use occurs with or without your knowledge or consent.

DOWNLOADING THE APP – TERMS

The ways in which you can use our app may be subject to rules and policies set by the Apple App Store or Google Play Store (each, an App Store), and the App Store's rules and policies apply instead of these Terms where there are differences between the two.

COMPATIBLE DEVICE

The app should only be downloaded and installed on a compatible device. Check the App Store listing for the app before downloading to ensure that your device is compatible.

UPDATES AND CHANGES TO THE SERVICES

We may make ongoing updates and changes to our Services (incl. our app and website) to improve performance, functionality, reflect changes in the operating system, or address security issues. Ensure that you accept all updates regarding the Services, incl. our app.

If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using our Services (incl. our app), or the functionality may be reduced.

YOUR ACCOUNT

You must keep all login information such as username, password, and security questions confidential and not disclose them to any other person. If you have any reason to believe that they have been compromised, you should immediately reset them using our 'Forgot password' feature.

You must under no circumstances allow any other person to access the platform using your login details. Not only will it affect the functionality of the Services, as statistics and tracking will not be correct, but you will also be responsible for all actions taken by the person using your user account, whether you know about it or not.

Allowing others access to the Services using your login details is a breach of these Terms and may result in your right to use the Services being suspended, or we may terminate your right to use the Services.

PROHIBITION ON TRANSFERRING THE SERVICES TO UNAUTHORIZED PARTIES

We grant you personally the right to use the Services as described in these Terms. You may not transfer the Services to someone else, whether for money, for anything else, or for free, except as permitted under the App Store. If you sell a device where our app is installed, you must remove the app from it.

CHANGES TO TERMS

We may need to change our terms from time to time to reflect changes in law or best practice or to deal with additional features which we introduce.

We will always try to give you reasonable notice of any major changes by sending you an SMS or email with details of the change or by notifying you of a change when you next use the website or app (if relevant).

YOUR PRIVACY

We only use personal information we collect through your use of our Services in the ways described in our "Privacy Policy," which you can find on our website.

Internet transmissions are never completely private or secure. This means there is a risk that any information you send using our Services (incl. our website or app) could be read or intercepted by others, despite the transmission being encrypted.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights associated with the Services (incl. our app and website) worldwide belong to us and our licensors. The rights to the Services are licensed (not sold) to you. You have no intellectual property rights to the Services, other than the right to use them in accordance with these Terms.

These Terms grant you a personal, non-transferable, and non-exclusive right to use our Services. We grant you this right solely to receive the Services as permitted in these Terms.

Any feedback, comments, or suggestions you provide about our Services (incl. our app and website) is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

We will treat all content that you upload via the Services as being owned by us. You must not upload any content unless you have the right to do so, and such content must comply with section 17.

If anyone suggests that our Services or the use of these in accordance with these terms infringes their IP, we are responsible for investigating and defending this claim.

LICENSE RESTRICTIONS

You agree that you:

will not sublicense or otherwise make our Services (incl. the app and training or diet plans) available to any person without prior written consent from us,

will not copy the Services (incl. our app and website), except as part of the normal use of the Services, or where it is necessary for the purpose of back-up or operational security. 

Will not translate, merge, adapt, vary, alter, or modify the whole or any part of the Services (incl. the app and website),

   - will not combine or incorporate the Services into or with any other programs, except as necessary to use the Services on devices as allowed in these Terms,

   - will not disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Services nor attempt to do any such things,

   - will comply with all applicable laws and regulations that apply to the technology used or supported by the Services.

USE RESTRICTIONS

1. You may only use our Services (incl. our app and website) for lawful purposes. You must not:

- use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms,

- act fraudulently or maliciously,

- access, use, distribute, or transmit any malicious code, such as viruses or harmful data, to the Services (incl. the app or website) or any operating system,

- infringe our intellectual property rights or those of any third party in relation to your use of the Services,

- transmit any material that is defamatory, discriminatory, threatening, indecent, sexually explicit, offensive, or otherwise objectionable in relation to your use of the Services,

- use any Services in a way that could damage, overload, impair, or compromise our systems or security or interfere with other users,

- collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.

OUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence (or the negligence of our employees, agents, or subcontractors) or for fraud or fraudulent misrepresentation.

We are responsible to you for loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failure to use reasonable care and skill.

We are not liable for business losses. The Services (incl. our app and website) are for domestic and private use. If you use our Services for any commercial, business, or re-sale purpose, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the Services. We have not designed our Services to meet your individual requirements. To the extent that we provide personalized training or diet plans, you acknowledge that you undertake and use these at your own risk. You should consult your doctor or healthcare professional if you are concerned about these Services and your health in general.

You use the information provided through the Services at your own risk. Although we make reasonable efforts to update the information provided through our Services, we make no representations, warranties, or guarantees, whether express or implied, that such information is accurate, complete, or up-to-date.

Backup content and data used in the app. We recommend that you back up any content and data used in connection with the app to protect yourself in case of problems with the app or the Services.

We are not responsible for delays outside our control. If our delivery of the coaching services is delayed by an event outside our control, we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to discuss your rights regarding ending the contract and receiving a refund for any services you have paid for but not received.

WHAT HAPPENS IF YOU DO NOT PROVIDE NECESSARY INFORMATION

We may need certain information from you to provide our coaching services. This could include information about your body and well-being, such as height, weight, body statistics, exercise, mood, meals, nutrition, and general well-being. We may contact you to request this information. If you do not give us this information within a reasonable time after we ask for it, or if you give us incomplete or incorrect information, we may either end the contract or charge an additional fee of a reasonable amount to compensate us for any extra work that is required as a result. We will not be responsible for not providing services, or not providing them on time, if this is because you have not given us the information we need within a reasonable time after we asked for it.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES

Our Services may contain links to other independent websites that are not operated by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgment regarding your interaction with these independent websites, including whether to purchase any products or services offered by them.

TERMINATION

You can terminate your agreement with us at the end of your binding period. Send us an email at winthertraining@gmail.com

If you fail to comply with these terms (including failure to make payment). We may at any time cancel your rights to use the Services by contacting you if we reasonably believe that you have not complied with these Terms in a significant way. This could be the case if you fail to make a payment. If what you have done can be remedied, we will give you a reasonable opportunity to do so.

If we terminate your right to use the Services in this way, we may retain any payments you have already made to cover our costs and/or compensate us for our loss due to your non-compliance.

We may end the contract if it becomes impossible or impractical to provide our Services (or a part of the Services such as the app). If we decide to suspend or stop providing any part of our Services as a result, we will notify you. If you have paid for our Services in advance, you may be entitled to a proportional refund of the amount paid in advance for the time you have not been able to use our Services because we have ended the contract.

Exercising your right of withdrawal. By accepting these terms, you acknowledge that you can access digital content in the form of training courses, training programs, and diet plans, etc., before your standard withdrawal period of 14 days has expired.

Therefore, you expressly waive your right of withdrawal from the moment you access your digital content. Until you access, you have the right of withdrawal according to the usual rules of consumer contract law.

Your legal rights. We have a legal duty to supply services that are in conformity with this contract. Nothing in these Terms will affect your legal rights.

If this agreement ends:

You must cease all activities covered by these Terms and the coaching services.

Note that you can still use the Beefit Tracker app, but you will not have access to the material you received from us during the course.

TRANSFER OF AGREEMENT

We may transfer our rights and obligations under these Terms to another organization, for example, if we are acquired by a third party.

We will always inform you in writing if this happens, and we will ensure that this does not affect your rights under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

THIRD-PARTY RIGHTS

The App Store and its related companies may enforce these Terms on our behalf to ensure that you comply with the Terms. Beyond this, third parties have no rights to enforce these Terms.

IF PARTS OF THIS CONTRACT ARE FOUND ILLEGAL BY A COURT, THE REST OF THE AGREEMENT WILL STILL APPLY

Each section of these Terms operates separately. If any court or relevant authority decides that one or more sections are unlawful, the remaining sections will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do something you are obligated to do under these Terms, or if we delay in taking legal steps against you in relation to your non-compliance with these Terms, it does not mean that you do not have to do those things, and it will not prevent us from taking legal steps against you at a later time.

CHOICE OF LAW

These Terms are subject to Danish law, and you can bring legal proceedings in relation to the Services in the Danish courts.

ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not satisfied with how we have handled a complaint, you may want to use alternative dispute resolution. You can submit the dispute for online resolution to the European Commission's Online Dispute Resolution platform. In the event of a dispute that cannot be resolved, the consumer also has the right to have the case heard by the Consumer Complaints Board