Terms & Conditions

These are the Fit Over 40 terms of use. Please review carefully.

Terms of Participation

The following Terms of Use are entered into by and between You and Train Eat Gain Ltd. (“Company”“we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of TrinityTransformation.co.uk, including any content, functionality and services offered on or through TrinityTransformation.co.uk (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes Of Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Privacy

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

Use Of Templates & Forms

The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorised use.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

Programme & Service

Train Eat Gain Ltd. (herein referred to as “Train Eat Gain” or “Company”) agrees to provide Programme, “Fit Over 40” (herein referred to as “Programme” or “Service”) identified in online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Programme.

The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, Programmes, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

We endeavour to describe and display the Programme as accurately as possible. While we try to be as clear as possible in explaining the Programme, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Where a Programme refers to Lifetime Access, this is for the lifetime of the Service. If for any reason, Train Eat Gain Ltd. should dissolve or cease to exist, or Train Eat Gain Ltd. decides to close a particular Service, then your access to the Service terminates.

Your Right To Cancel (During The Initial Programme Period)

Rights and exclusions. You have the right to end the contact in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.

You can end your contract with us as follows. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) if you have just changed your mind about the Programme (Consumer Contracts Regulations 2013), you may be able to request a refund any time within 14 days of the order. You must return all of the course materials within 14 days of cancellation in order to receive a refund. If we have provided you with services in the form of on-boarding calls, coaching calls, email support or your personalised programme, or you have used any part of your welcome pack, your refund will be given minus a £100 administration fee to cover our costs.

(b) if you have opted to pay by monthly instalments: this Programme is a minimum of 3 months commitment. All contracts are binding. If you choose not to continue, you will still owe the outstanding balance for the first 3 months.

(c) if during the Programme you have a medically-diagnosed health issue that makes both the nutrition and exercise elements of your Programme impossible, a refund for the weeks not used may be given, minus a £100 administration fee for initial consultation calls and Programme set up. Proof must be provided in the form of a written note from a medical professional before any refund will be given. The majority of health issues do not require you to stop you from changing your nutrition or lifestyle (if you can’t exercise at any point we can work around that and you can still see significant results). Refunds are not offered due to family member’s health issues or redundancies.

(d) if after completing 12 weeks (a total of 12 weekly check ins and/or monthly reviews) you haven’t seen results, you can request a refund and this will be issued within 14 days of the request.

Automatic Renewal Of Your Membership

After your initial Programme period (3, 6 or 12 months), your Programme will automatically transition into a monthly payment plan either at the original price or a discounted rate. Your Programme will continue indefinitely unless you inform us otherwise. We will not increase your monthly fee for as long as you remain a member. If you do not want your Programme to continue past the initial Programme period, you must contact us in writing via email to info@trinitytransformation.co.uk and we will cancel any future payments.

Your Right To Cancel (After The Initial Programme Period)

After your initial Programme period (3, 6 or 12 months), you can request to cancel your Programme by sending us an email. We will send you a cancellation form which must be completed before we can cancel your membership. You will receive confirmation by email once we have processed your cancellation. Please tell us if you do not receive this. There are no cancellation fees once you have completed the initial Programme period.

Refunds are not offered under any circumstances for unused Programmes without written notice of cancellation.

Pausing & Membership Extensions

Programmes cannot be paused except for in specific exceptional circumstances: post major surgery which require more than one month’s recovery time, an immediate family member (parent, sibling, child or spouse/partner) passes away or is in palliative care, or permanent relocation to another country. The majority of issues do not necessitate ceasing to make better nutrition and lifestyle choices (if you can’t exercise at any point we can work around that and you can still see significant results). Pausing is not offered due to holidays, minor illness, minor injuries, busy periods at work, religious holidays, family member’s health issues or redundancies.

No pauses are offered for 6-month or 12-month annual memberships for any reason due to the significant discount offered compared to paying monthly.

Method Of Payment

We (or our third-party payment processor) shall authorise your credit card, PayPal account, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Account Creation

In order to use the Programme, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Train Eat Gain Ltd. will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

Refusal Of Service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Material You Submit To The Site

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

As a feature of the Service, Train Eat Gain Ltd. may provide access to a community or social media platforms in conjunction with the Service. Train Eat Gain Ltd. is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.

You agree that your use of these community and social media platforms is a privilege and Train Eat Gain Ltd. may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Train Eat Gain Ltd. will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Train Eat Gain Ltd. is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Train Eat Gain Ltd.’s brand and image integrity.

Please read the Privacy Policy carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Privacy Policy. If you do not want to agree to the Privacy Policy, you must not access or use the Website.

Intellectual Property Rights To Your Material

We claim no intellectual property rights over the material you supply to Train Eat Gain Ltd. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Train Eat Gain Ltd. remains yours to the extent that you have any legal claims therein. You agree to hold Train Eat Gain Ltd. harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Train Eat Gain Ltd. for promotional, business development, and marketing purposes, without compensation to you.  We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.

Our Intellectual Property

The Site and Service contain intellectual property owned by Train Eat Gain Ltd., including trademarks, copyrights, proprietary information, and other intellectual property. Train Eat Gain Ltd.’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Train Eat Gain Ltd.’s copyrighted materials shall remain the sole property of Train Eat Gain Ltd. No license to sell or distribute our materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

No Warranties

The company makes no warranties regarding the performance or operation of this website. The company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation Of Liability

You agree to absolve the company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.

The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The company and/or its suppliers may make improvements and/or changes in the website at any time.

The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.

Severability/Waiver

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

Modification

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Entire Agreement

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Contact

If you do not understand or agree with any of these conditions, please do not use this site or order this service.

If you have any questions regarding our terms of use, or your dealings with our website, please contact us:

By email: info@traineatgain.com.

By post: Train Eat Gain Ltd., 2 Honister Gardens, Fleet, GU51 3DD.

(Effective as of 19th December 2019)