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MTNWAVE FITNESS
MTNWAVE FITNESS LIMITED – PERFORMANCE COACHING & PERSONAL TRAINING
Mtnwave Fitness is the trading name of Mtnwave Fitness Limited whose registered address is in Edinburgh, Scotland, EH5 1BF and operates the Website www.mtnwavefitness.com and sub domain thehub.mtnwavefitness.com.
COACHING & TRAINING SERVICES TERMS AND CONDITIONS OF USE
These Website Terms and Terms and conditions govern your use of our website, www.mtnwavefitness.com (the “Website”), the Mtnwave Fitness Training App (the training “App”), and our coaching services online at our sub domain thehub.mtnwavefitness.com (the coaching “hub”). These terms and conditions also apply to any in person services, including clinics, workshops, retreats, trips and tours, and your relationship with Mtnwave Fitness (“we”, “us” or “Mtnwave/Mtnwave 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 subscribe as a member, use the Website, or purchase any of our Products or Services.
Please also see our Privacy Policy & Data Protection for information about how we collect and use your personal data.
Introduction
These terms and conditions apply between you, the User of this Website, our Affiliated Fitness Training App, our Online Coaching Hub and any In Person Services, including Clinics, Workshops, Retreats, Trips, Tours and ebooks (including any sub-domains, unless expressly excluded by their own terms and conditions), and Mtnwave Fitness, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website, Affiliated Training App, Online Coaching Hub or any of our Services. If you do not agree to be bound by these terms and conditions, you should stop using this Website and all of our Services immediately.
In these terms and conditions, User or Users means any third party that accesses the Website, Affiliated Fitness Training App, Online Coaching Hub or other Services, and is not either (i) employed by Mtnwave Fitness and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Mtnwave Fitness and accessing the Website or Affiliated Training App and Coaching Hub in connection with the provision of such services.
You must be at least 18 years of age to use this Website, our Affiliated Training App, Online Coaching Hub (thehub.mtnwavefitness.com) or any of our Services. By using the Website, our Affiliated Training App or Online Coaching Hub you are agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual Property and Acceptable Use
Copyright and Ownership
Prohibited Use
Acknowledgments of Qualifications & Certifications.
Signing-up
Fees & Payment Terms
Suspension or Termination
Cancellations
Refund Policy
No Warranties
Guarantees
Expected Results
Medical
Limitation of Liability
Links to Other Websites or Online Content
Privacy Policy and Cookie Policy
Availability of the Website, APP, Sub Domain and Disclaimers
General Contractual Rights
If you have any questions about these terms, please contact us at support@mtnwavefitness.com
Our website address is: https://thehub.mtnwavefitness.com
USER DATA ON THEHUB
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
If you request a password reset, your IP address will be included in the reset email.
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Visitor comments may be checked through an automated spam detection service.
Legal Basis for Processing Personal Data under GDPR
If you are from the European Economic Area (EEA), our legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. We may process your Personal Data because:
Retention of Your Information (Data)
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Transfer of Your Information (Data)
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside European Union/United Kingdom and choose to provide information to us, please note that we transfer the data, including Personal Data to the European Union/United Kingdom and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
Security of your Information (Data)
The security of your data is important to us, however, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data, we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we hold about you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we hold about you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
Please note that we are obligated to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Disclosure By Law
You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law or a legal obligation, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend mtnwavefitness.com’s, or a third party’s, rights or property; or (3) to prevent or investigate possible wrong doing in connection with the service (4) to protect against any legal liability (5) protect the health and safety or users, employees or the public.
Disclosure to Trusted Third Parties By Us
We may share your Usage Data with third parties, but not in a manner that would reveal your identity. We may share your Personal Data, sometimes in conjunction with your Usage Data, with service providers that may be associated with us to perform functions on our behalf. For example, outsourced customer care agents or technology assistants such as our fitness training app’s hosting and development company who may need access to your information to perform technical services for you related to your membership account. Your information will be treated as private and confidential by such service providers and not used for any other purpose than we authorize.
Disclosure to Trusted Third Parties at Your Request
While visiting our site, we may provide you with advertisements, promotions, and offers from third party providers, for example accommodation, travel requirements or activities that you can utilise during a coaching trip, retreat, clinic or tour you have booked with us. If you choose to accept any such offers, you may either (depending on the situation) directly provide your information in connection with the offer to such third-party provider, or we can provide your information on your behalf. Your information will not be transferred until you provide us with written consent usually in the form of booking disclaimer form. You may opt-out of the offer at any time up until this point. Please refer to the third-party provider’s own privacy policy (provided on the offer pages) if you have any questions regarding how your information is used by such providers. If you are unsure where to find this information, please contact us.
Information Transferred as a Result of Sale of Business
As we develop our business, we may buy or sell assets and, depending on the transaction, your Personal Data may be one of the transferred assets. In the event that we are acquired by another company, your Personal Data may be part of the assets transferred to the acquiring party. If this occurs, you will be notified in advance and you can opt out of the transfer of your data, you will also be notified of any potential material material changes to the way your Personal Data is collected or used.
Information Transferred as a Result of Software Investments, Changes or Upgrades
As we develop our business, we may upgrade any of our software including and not exclusive to apps and software that we use to run our business and provide our services to you, depending on the changes, your Personal Data may be one of the transferred assets. In the event that we do upgrade or acquire any new apps or software, your Personal Data may be part of the assets transferred. If this occurs, you will be notified if there are any material changes to the way your Personal Data is collected, protected or used.
We are not responsible for the privacy practices or the content of other websites that may be linked to this site or of any third-party advertisers. We assume no responsibility for the content of such Websites or online information and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site, social media post on any of our platforms does not imply any endorsement of these sites and information themselves or of those in control of them.
Analytics
We may use third-party Service Providers to monitor and analyse the use of our service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
You can opt-out of having made your activity on the service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Your use of our website mtnwavefitness.com, affiliated fitness training app “The Mtnwave Fitness App” and on our “Online Coaching Hub” thehub.mtnwavefitness.com (our sub domain), including any dispute concerning privacy, is subject to this privacy statement and the applicable Terms and Conditions of Service. BY USING OUR WEBSITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY STATEMENT AND THE APPLICABLE TERMS AND CONDITIONS OF SERVICE.
If we decide to change our privacy policy, we will post those changes to this privacy statement page and any other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, or by other means, such as e-mail, at our discretion.
Your continued use of any portion of our website, affiliated app or sub domain following posting of the updated privacy statement will constitute your acceptance of the changes.
If you have any questions about this Privacy Policy, please contact us at support@mtnwavefitness.com