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TERMS OF USE

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1.1 Introduction

Thank you for visiting www.beetsnutrition.co.uk (.co.nz) (“the Website”).  The Website is operated and owned by Beets Fitness and Nutrition Limited (“we”, “us”, “our”, “Beets”, “Beets Nutrition” or “Beets Fitness and Nutrition”).

By reading information on Beets Fitness and Nutrition via the Website, you agree to follow the instructions provided on the Website and agree to the following Terms and Conditions.  Once your application for a service from Beets Fitness and Nutrition (either as a paid Member in accordance with these Terms, or as a guest Member) has been accepted by Beets Fitness and Nutrition in accordance with these Terms and Conditions, you shall become a member of Beets Fitness and Nutrition (“you”, “your”, or “Member”). 

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It is important that you read and understand the Disclaimer and Privacy Policy in addition to these Terms and Conditions as you will be bound by these in your arrangements with us. By registering to become a Member with us and using the Website, you are agreeing to be bound by these Terms, as well as the terms of the Disclaimer and the Privacy Policy and warrant that you have the right, authority and capacity to enter into and be bound by these Terms. If you do not wish to be bound by these Terms and any other documents referred in these Terms, then please do not submit an application to register for a transformation.
 

1.2 Communication

Outside of video and weekly check-ins we encourage clients to contact Beets Fitness and Nutrition once a week with any updates or questions that they are unable to answer via other channels; google, technology queries, FAQ pages etc. We do ask that clients accept and follow the following format;

 

  • Send written email, group message or live program update/comment once a week stating their progress

  • All messages and emails in bullet point format 

  • Unlimited number of question and comments within reason

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1.3 Intellectual Property

All content published and made available on our Site is the property of Craig Ballard and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

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1.4 Products & Coaching Material

Once your service has commenced with Beets Fitness and Nutrition, you will be sent automated material in line with your product selection. This material may include content such as;

 

  • Email - information & marketing

  • PDF forms 

  • Links and access to google documents, sheets or google forms

  • Media content - video or audio 

  • Website members area access

  • Social media group access or invites

 

Any information given freely on the Website or any programs advised via any of our services are for information purposes only, and are written with drug free athletes in mind. 

 

Our Website may include links to, or details of information provided from other resources or internet sites. You take full responsibility for the use of any other sites and for using (or making the decision to use) any information obtained from such sites, purchase any of the products or services mentioned on another internet site and we shall not be liable in relation to any information provided on sites linked through from the Website. Remember your contract for any such other products and services will be with the provider of that internet site, not with us.

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1.5 Physical Activity Readiness Questionnaire (PAR-Q)

Prior to acceptance of your application for Beets Fitness and Nutrition coaching service, we collect information about your health and medical history so that we have as much relevant information as possible to provide a suitable and safe exercise program, based on the information you provide to us.  If you agree to any of the following statements we will be unable to accept your application for a guest or paid-for Membership subscription and we strongly recommend that you seek medical advice before undertaking any exercise program or strenuous physical activity.

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1.6 Clientele & Age Restrictions

Beets Fitness and Nutrition works with all genders and levels of ability. Those who may be physically handicapped will be accepted on a case by case scenario once communication with Beets Fitness and Nutrition has been undertaken to determine whether it is feasible to undergo services. Beets Fitness and Nutrition is an online service and as such can not correct technique or assist those with special requirements, we suggest finding an in person trainer, coach or physio acceptable for such tasks.

 

Clientele will disclose any dietary issues, illness or allergies prior to working with Beets Fitness and Nutrition. Beets Fitness and Nutrition is a registered nutritionist, not a dietitian and can therefore not diagnose or treat health related illnesses.

 

Beets Fitness and Nutrition (Craig Ballard) is a qualified personal trainer and nutritionist, not a physiotherapist and can therefore not diagnose injury or provide treatment.

 

Clientele will have a favourable approach to plant-based nutrition and accept that any dietary guidance will be given inline with a plant-based diet. 

 

Clients will be of natural ability, drug free and substance free when engaging with Beets Fitness and Nutrition services. We do not condone the use of any performance enhancing drugs and using these is at your own risk. 

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The minimum age to use our Website is 18 years old. By using this Website, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

 

Acceptable Use As a user of our Website, you agree to use our Website legally, not to use our Website for illegal purposes, and not to:

- Harass or mistreat other users of our Site;

- Violate the rights of other users of our Site;

- Violate the intellectual property rights of the Site owners or any third party to the Site;

- Hack into the account of another user of the Site;

- Act in any way that could be considered fraudulent; or

- Post any material that may be deemed inappropriate or offensive. If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site.

 

We also reserve the right to take any legal steps necessary to prevent you from accessing our Website. When you create an account on our Website, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account;

2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes. We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

 

1.7 Sale of Goods And Services

These Terms and Conditions govern the sale of goods and services available on our Site.

The following goods and services are available on our Site:

- Coaching;

- Personal Training;

- Nutrition Consulting.

 

The services will be paid for in full or via subscription when the services are ordered. These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. You agree to purchase goods and services from our Site at your own risk.

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1.8 Obligations

  • Clients are expected to follow customised nutrition and exercise plans, making the coach aware of any difficulties, specific needs or extra assistance required.

  • Clients must disclose any health issues or food allergies.

  • Beets Fitness & Nutrition is allowed to terminate coaching if clients are not following guidelines or do not frequently check in with the coach at agreed upon times. No refunds will be given for early termination of services.   

  • You must be at least 18 years old to use the information on this Website and to apply for any services with Beets Fitness and Nutrition.  Beets Fitness and Nutrition reserves the right to deny services to anyone and to refuse any applications for services, in its own discretion, and no-one shall become a Member of Beets Fitness and Nutrition until they receive a confirmation email from Beets Fitness and Nutrition confirming that their application for Membership has been accepted. 

 

1.9 Website Terms and Conditions

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

 

1.10 Subscriptions

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. To cancel your subscription, please follow these steps: Members must notify Beets Fitness & Nutrition of termination of service via email and/or cancellation of direct debit agreement once mandatory service agreement has ended.

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1.11 Payment

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

- Refunds

- Refunds for Goods

- All goods sold on our Site are non-refundable after service use.

 

1. 12 Refunds for Services

We provide refunds for services sold on our Site as follows: Website Terms and Conditions

- Beets Fitness & Nutrition services will not be refundable if the services are cancelled 14 days after payment or after commencement of a coaching service. A legitimate reason (quality of service, product, or delivery) must be provided as to why the member/client does not want to continue their service with Beets Fitness & Nutrition. If the reason is found to be insufficient the refund will be open to discussion and a resolution will be made between the two parties.

 

1. 13 Consumer Protection Law

Where the Consumer Gurantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

 

1. 14 Limitation of Liability

Craig Ballard and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

 

1. 15 Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Craig Ballard and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

 

1.16 Applicable Law

These Terms and Conditions are governed by the laws of the United Kingdom and of New Zealand.

 

1. 17 Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

 

1.18 Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or Website Terms and Conditions ©2002-2023 LawDepot.com® post a notice on our Site.

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​​1.19 Disclaimer 

 

Online coaching is not the same as in person coaching. 

Due to online coaching being just that, online. I cannot physically be with you to keep you on track.

I can not be there to correct your form, demonstrate exercise technique or motivate you through your workout. Neither can I diagnose or treat injuries from the other side of a computer screen, if this is something you desire please refer to a local coach/personal trainer or sports massage/physio therapist. 

 

Online coaching is not an easier option, nor does it provide magical results, it will require dedication and the willingness to step out of your comfort zone to promote real positive change. Like anything in life, it will take time and investment to reach your desired goal. Because of this, I have a minimum initial coaching period of 8 weeks (2 months). I give you my time, tools and encouragement, though inevitably you are accountable for your results. 

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​Your results will be dependent on:

  • Your discipline to follow your given plan 

  • Your intensity and how hard you train

  • Your diet and exercise consistency

  • Your starting point (fitness/physique)

  • Your genetics and general ability levels

  • Your mindset and outlook

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PRIVACY POLICY

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2. 0 When you visit and/or communicate with www.beetsnutrition.co.uk (co.nz), selected data points are collected to help beets fitness and nutrition improve and provide a more valuable service. This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.beetsnutrition.co.uk (the “Site”). 

 

Beets Fitness and Nutrition may change our Terms from time to time and may do so without notice. We will let you know what these changes are by updating them to the terms and condition page on the website, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page, therefore if you continue to use the Website after the posting of these changes to the Terms, it means that you accept such changes.

 

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

 

We collect Device Information using the following technologies:

 

    - “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

    - “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

    - “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

    - “Google Analytics”, “meta data” and other “advertising platforms” may be used to collect information on your navigation and use of www.beetsnutrition.co.uk, if you do not wish for this, do not accept the use of cookies via the banner displayed on your initial visit to the website.

 

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.  We refer to this information as “Order Information.”

 

Failure by the Member to use any of the services available for a Member through its subscription to Beets Fitness and Nutrition does not relieve the Member of their payment obligations under these Terms.

 

Potential customers can pay by Credit Card or Debit Card.  Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to PayPal or Stripe online payment system for processing.

 

Potential registrants and/or Members should be aware that further terms and conditions required by PayPal or Stripe may apply, and can be found at www.paypal.co.uk and www.Stripe.co.uk.

 

Beets Fitness & Nutrition may ask your permission for use of progress photos or feedback notes/testimonials for promotional purposes. If you decline the use of such material, your choice will be respected and the content/material not shared publicly.

 

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

 

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to:

 

Communicate with you;

Screen our orders for potential risk or fraud; and

When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimise our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

 

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above.  We use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

 

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

 

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

You can opt out of targeted advertising by:

    FACEBOOK - https://www.facebook.com/settings/?tab=ads

    GOOGLE - https://www.google.com/settings/ads/anonymous

   

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:  http://optout.aboutads.info/.

 

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

 

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

 

Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

 

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

 

MINORS

The Site is not intended for individuals under the age of 18 years.

 

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

 

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at coaching@beetsnutrition.co.nz

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Contact Details

Please contact us if you have any questions or concerns at beetscoaching@gmail.com. You can also contact us through the feedback form available on our Site. 

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