Terms & Conditions

Smarter Choices Fitness LTD

Smarter Choices Coaching Plans

Terms of Service

These Terms of Service govern your relationship with Smarter Choices Fitness Ltd (“we”, “us”, “our” or “Smarter Choices Fitness”). Please read these terms carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms of Use, please do not sign up for Smarter Choices Coaching or any other Smarter Choices Fitness Limited offer.

Please also see our Privacy and Data Protection Policy for information about how we collect and use your personal data.

Smarter Choices Fitness Limited (nor any of its employees, agents or representatives), is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself of out as qualified to do so.

We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.

  1. Introduction

    1. We provide an online personal training service through which you can purchase fitness e-books, online video courses and tailored fitness and diet programs.

    2. These terms will apply to all users (“you”) of Smarter Choices Fitness products or services. 

    3. By signing up for a plan, whether paid or not, or indeed by purchasing or using any products recommended by Smarter Choices Fitness, you agree to be bound by these Terms of Service.

  2. Our Products

    1. We will offer the following products (the “Products”):

      1. e-books;

      2. videos;

      3. training guides;

      4. online coaching;

      5. meal plans;

      6. individually tailored personal plans (each a “Personal Plan”).

  3. Fees

    1. You can view and access limited information on the business social media or website pages free of charge, however, in order to access premium content or to purchase any of our products you must sign up as a member.

    2. The fees payable in respect of the products and services will be clearly displayed on the page.

  4. How to contact us

    1. We are Smarter Choices Fitness Ltd, a company registered in Ireland. We can be contacted by emailing info@smarterchoicescoaching.com 

  5. Registration

    1. When you register as a member we will ask that you provide certain personal information including but not limited to your name, email address, postal address, and, your payment details. Any personal information you provide to us with will be handled in accordance with our Privacy and Data Protection Policy.

    2. You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you in relation to Smarter Choices Fitness or affiliates products or services that we feel may be of interest to you.

  6. Products: Cancellation

    1. You have a statutory right to change your mind (without giving a reason) within 14 days of purchasing a product and receive a refund. This will not apply if you have already started downloading the relevant product or participating in the group.

    2. If you want to end your contract with us, you can cancel your subscription. If you have not subscribed to the monthly plan, please let us know by doing the following:

      1. Email us at info@smarterchoicescoaching.com. Please provide your name, details of the order and tell us of the reason you wish to cancel.

  7. Licence

    1. On your purchase of the relevant products or services, we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to access our page and (as the case may be):

      1. access video on a streaming only basis;

      2. access and download e-books;

      3. access and download personalised fitness plans;

    2. You are not permitted to share or disseminate any of the content licensed under these terms with any other individuals without our express written permissions.

    3. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

  8. Viruses, hacking and other offences

    1. You agree not to upload any files or post, distribute publish any files on the page that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.

    2. We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the page or to your downloading of any material posted on it, or on any website linked to it.

  9. Availability

    1. Although we aim to offer you the best service possible, we make no promise that the page will meet your requirements. We cannot guarantee that the website will be fault-free. 

  10. Our Liability

    1. Smarter Choices Fitness Limited (nor any of its employees, agents or representatives), is not engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself as qualified to do so.

    2. We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.

    3. Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise your own personal judgement, as well as any other considerations, before acting on any of the content provided by us.

    4. Where we provide you with a plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise programme. Accordingly any actions that you take in relation to a plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.

    5. Any plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when signing up for a plan.

    6. Before taking any action in relation to a plan, you must take into account any other factors apart from the plan of which you are or ought to be aware.

For example, we always recommend that you seek professional medical advice before embarking on any exercise programme. Your decisions to engage in any exercise programme should take into account any medical or other professional advice that it available to you as well as using your own personal judgment as to what activity is safe for you to engage in.

  1. The information set out in any plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.

For example, where a program was given to a woman who was not pregnant, this would not be appropriate for her to use after becoming pregnant.

  1. You are responsible for informing us of any health issues and pre-existing medical conditions when you sign up for a plan.

  2. Any information that we provide, whether obtained through our website, e-books, video courses, social media pages (such as Facebook or Instagram) or otherwise, is provided for the purposes of general information only.

  1. Expected Results

    1. While we believe that for most people, following our programme and methods will lead to desired results, all exercise programs depend on the individual. Results will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:

      1. the effectiveness any techniques, diets or programmes that we deliver; or

      2. the results that you may achieve as a result of following our programs.

  2. Data Protection Policy

    1. We request that all personal information that you provide is accurate, current and complete.

    2. Any information which is collected, including sensitive and personal information, will be held by us in accordance with our Privacy and Data Protection Policy. You are responsible for ensuring that you understand and have given the appropriate consents.

    3. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

    4. Any personal information that you provide to us in using the Website or as a member will be handled in accordance with our Privacy and Data Protection Policy. 

  3. Intellectual Property

    1. By providing any content for distribution by the us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content.

    2. The format and content of the page is protected by Irish and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the page.

    3. This page or any portion of this page may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the page without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website without our express written consent.

  4. International Use

    1. You shall comply with all foreign and local laws and regulations which apply to your use of our page in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

  5. General

    1. These conditions are governed by and construed in accordance with the laws of Ireland. You agree, as we do, to submit to the non-exclusive jurisdiction of the Irish courts.

    2. We will not be responsible for any breach of these Terms of Use caused by circumstances beyond our reasonable control.

    3. We may make changes to the format of the page at any time without notice.