Terms & Conditions

A legal disclaimer

These Terms govern the use of Mark Claxton Fitness and any other related Agreement or legal relationship with the Owner in a legally binding manner. Capitalised words are defined in the relevant dedicated section of this document.Terms and Conditions of Mark Claxton Fitness

The User must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where Mark Claxton Fitness has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

Mark Claxton Fitness is provided by:

Mark Claxton Fitness

Owner contact email: [support@markclaxton.net]

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users who do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Use of Mark Claxton Fitness and the Service is age-restricted: to access and use Mark Claxton Fitness and its Service, the User must be an adult under applicable law.

The right of withdrawal only applies to European Consumers.

Mark Claxton Fitness uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details, and c) termination notice can be found in the relevant section of these Terms.

Important: Consumers based in Germany have different rules applying to them as described in the relevant section of these Terms.

Unless otherwise specified, the terms of use detailed in this section apply generally when using Mark Claxton Fitness.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using Mark Claxton Fitness, Users confirm they meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;
Users must be recognised as adults by applicable law;
Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will result in the Service being unavailable.

User Responsibilities

Users are responsible for keeping their login credentials confidential and secure. Consequently, Users are required to select passwords that meet the highest standards of strength as permitted by Mark Claxton Fitness.

By registering, Users agree to be fully responsible for all activities occurring under their username and password. Users must promptly and clearly inform the Owner via the contact details provided below if they believe their personal information, including but not limited to User accounts, access credentials, or personal data, has been compromised, disclosed, or stolen.

Conditions for Account Registration

Registration of User accounts on Mark Claxton Fitness is subject to the following conditions. By registering, Users agree to adhere to these conditions:

Accounts registered by bots or any other automated methods are not permitted.
Unless otherwise specified, each User may only register one account.
Unless explicitly permitted, a User account may not be shared with other individuals.

Account Termination

Users may terminate their account and cease using the Service at any time by:

Using the tools provided for account termination on Mark Claxton Fitness.
Contacting the Owner directly using the contact details provided below.

Account Suspension and Deletion

The Owner reserves the right, at its sole discretion, to suspend or delete User accounts at any time and without notice if deemed inappropriate, offensive, or in violation of these Terms.

Suspension or deletion of User accounts does not entitle Users to any claims for compensation, damages, or reimbursement. Additionally, suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on Mark Claxton Fitness

Unless otherwise specified or clearly identifiable, all content available on Mark Claxton Fitness is owned or provided by the Owner or its licensors.

The Owner makes every effort to ensure that content on Mark Claxton Fitness does not infringe any applicable legal provisions or third-party rights. However, achieving this result may not always be possible. Users are encouraged to report any complaints using the contact details provided below, while maintaining their legal rights.

The Owner holds and reserves all intellectual property rights to the content on Mark Claxton Fitness. Users may not use such content in any manner beyond what is necessary for the proper use of the Service. Specifically, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on Mark Claxton Fitness, nor allow any third party to do so via the User or their device, even without the User's knowledge.

Where explicitly stated on Mark Claxton Fitness, Users may download, copy, and/or share some content for personal and non-commercial use, provided that all copyright and other attributions requested by the Owner are correctly implemented. Any statutory limitations or exceptions to copyright remain unaffected.

Content Provided by Users

The Owner allows Users to upload, share, or provide their own content on Mark Claxton Fitness. By doing so, Users confirm that they are legally permitted to do so and that they are not infringing any statutory provisions or third-party rights.

Rights Regarding Content Provided by Users

By providing content on Mark Claxton Fitness, Users grant the Owner a non-exclusive, fully paid-up, and royalty-free licence to process such content solely for the operation and maintenance of Mark Claxton Fitness as required by contract. Users also waive any moral rights in connection with the content they provide, to the extent permitted by applicable law.

All content provided by Users is subject to the same general conditions outlined for content on Mark Claxton Fitness.

Liability for Provided Content

Users are solely responsible for any content they upload, post, share, or provide through Mark Claxton Fitness. The Owner does not filter or moderate such content but reserves the right to remove, delete, or block it at its discretion and without prior notice, including denying the uploading User access to Mark Claxton Fitness if:

There is a (alleged) violation of these Terms, third-party rights, or applicable law;
A notice of infringement of intellectual property rights is received;
A notice of violation of a third party’s privacy, including intimate privacy, is received;
Ordered by a public authority;
The content may pose a risk to Users, third parties, or the availability of the Service.

Removal, deletion, or blocking of content does not entitle Users to any claims for compensation, damages, or reimbursement. Users agree to hold the Owner harmless from any claims or damages resulting from content they provided to or through Mark Claxton Fitness.

Removal of Content from Parts of Mark Claxton Fitness Available Through the App Store

If content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.

Access to External Resources

Mark Claxton Fitness may provide access to external resources provided by third parties. Users acknowledge that the Owner has no control over these resources and is not responsible for their content or availability. Conditions applicable to such resources, including any rights in content, result from the terms and conditions of the third parties or, in the absence of such terms, applicable statutory law.

Acceptable Use

Mark Claxton Fitness and the Service may only be used within the scope for which they are provided, under these Terms and applicable law. Users are solely responsible for ensuring that their use of Mark Claxton Fitness and/or the Service complies with all applicable laws, regulations, and third-party rights.

The Owner reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to Mark Claxton Fitness or the Service, terminating contracts, and reporting misconduct to the competent authorities if Users engage or are suspected of engaging in activities that:

Violate laws, regulations, or these Terms;
Infringe third-party rights;
Significantly impair the Owner’s legitimate interests;
Offend the Owner or any third party.

Terms and Conditions of Sale

Paid Products

Some Products provided on Mark Claxton Fitness as part of the Service require payment. The fees, duration, and conditions applicable to the purchase of such Products are detailed below and in the dedicated sections of Mark Claxton Fitness.

To purchase Products, Users must register or log into Mark Claxton Fitness.

Product Description

Prices, descriptions, or availability of Products are outlined in the respective sections of Mark Claxton Fitness and are subject to change without notice.

While Products on Mark Claxton Fitness are presented with the greatest accuracy technically possible, representation on Mark Claxton Fitness through any means (including, as applicable, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing Process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order Submission

When the User submits an order, the following applies:

The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes, and any additional fees and expenses, as specified on the order page.
In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications, or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission about any fees, taxes, and costs (including, if applicable, delivery costs) that they will be charged.

Prices on Mark Claxton Fitness are displayed:

Either exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section the User is browsing.

Offers and Discounts

Mark Claxton Fitness may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Mark Claxton Fitness.

Offers and discounts are always granted at Mark Claxton Fitness’s sole discretion.

Repeated or recurring offers or discounts create no claim or right that Users may enforce in the future. Discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of Mark Claxton Fitness, as indicated in Mark Claxton Fitness’s location details in this document, unless otherwise specified.

Methods of Payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of Mark Claxton Fitness.

All payments are independently processed through third-party services. Therefore, Mark Claxton Fitness does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, Mark Claxton Fitness shall be under no obligation to fulfil the purchase order. If a payment fails or is refused, Mark Claxton Fitness reserves the right to claim any related expenses or damages from the User.

Retention of Usage Rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by Mark Claxton Fitness.

Delivery

Performance of Services The purchased service shall be performed or made available within the timeframe specified on Mark Claxton Fitness or as communicated before the order submission.

Contract Duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Fixed-Term Subscriptions

Paid fixed-term subscriptions start on the day the payment is received by Mark Claxton Fitness and last for the subscription period chosen by the User or otherwise specified during the purchasing process.

Once the subscription period expires, the Product shall no longer be accessible.

Subscriptions Handled via Apple ID

Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the relevant process on Mark Claxton Fitness. When doing so, Users acknowledge and accept that:

Any payment due shall be charged to their Apple ID account;
Subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;
Any and all fees or payments due for renewal will be charged within 24 hours before the end of the current period;
Subscriptions can be managed or cancelled in the Users’ Apple App Store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms.

Automatic Renewal of Fixed-Term Subscriptions

Subscriptions are automatically renewed through the payment method that the User chose during purchase. The renewed subscription will last for a period equal to the original term.

Termination

Subscriptions may be terminated by sending a clear and unambiguous termination notice to Mark Claxton Fitness using the contact details provided in this document, or — if applicable — by using the corresponding controls inside Mark Claxton Fitness.

If the notice of termination is received by Mark Claxton Fitness before the subscription renews, the termination shall take effect as soon as the current period is completed.

Exception for Consumers Based in Germany However, regardless of the above, if the User is based in Germany and qualifies as a Consumer, the following applies:

At the end of the initial term, subscriptions are automatically extended for an unlimited period, unless the User terminates before the end of such term.
The fee due upon extension will be charged on the payment method that the User chose during purchase.
After extension, the subscription will last for an indefinite period and may be terminated monthly.
The User shall receive a reminder of the upcoming unlimited extension with reasonable advance, outlining the procedure to be followed in order to prevent the extension or terminate the subscription thereafter.

Termination

Extended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to Mark Claxton Fitness using the contact details provided in this document, or — if applicable — by using the corresponding controls inside Mark Claxton Fitness.

If the notice of termination is received by Mark Claxton Fitness by the end of the current month, the subscription shall expire at the end of such month.

User Rights

Right of Withdrawal Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the Right of Withdrawal Applies To Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit this qualification cannot benefit from the rights described in this section.

Exercising the Right of Withdrawal To exercise their right of withdrawal, Users must send to Mark Claxton Fitness an unequivocal statement of their intention to withdraw from the contract.

To this end, Users may use the model withdrawal form available from within the “Definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

When Does the Withdrawal Period Expire? Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

Effects of Withdrawal Users who correctly withdraw from a contract will be reimbursed by Mark Claxton Fitness for all payments made to Mark Claxton Fitness, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by Mark Claxton Fitness will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which Mark Claxton Fitness is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

...on the Purchase of Services Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to Mark Claxton Fitness an amount which is in proportion to the part of the service provided.

Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of the service provided until the time the User withdraws, compared with the full coverage of the contract.

User Rights and Legal Information

UK User Rights

Right to Cancel Consumers in the UK have a legal right to cancel contracts made online (distance contracts) within 14 days, unless exceptions apply. This right allows users to withdraw from a contract for any reason without justification. Note that users who are not classified as consumers are not eligible for these rights. For further details on cancellation conditions, refer to this section.

Exercising the Right to Cancel To cancel, users must send the Owner an unequivocal statement of their intent to withdraw from the contract. Users can use the model withdrawal form from the “definitions” section of this document, but they can also provide an unequivocal cancellation notice in any other suitable manner. To meet the deadline, users must send the withdrawal notice before the cancellation period ends.

Cancellation Period

Goods Purchase: The period ends 14 days after the user or a designated third party (excluding the carrier) takes physical possession of the goods.
Multiple Goods or Lots: The period ends 14 days after the user or a designated third party takes possession of the last item in a group of goods ordered together or a single item consisting of multiple lots or pieces.

Effects of Cancellation If users cancel correctly, the Owner will refund all payments made, including delivery costs. However, additional costs from choosing a more expensive delivery method will not be refunded. Reimbursements will be made without delay and no later than 14 days from the Owner being informed of the cancellation decision. Refunds will use the same payment method as the initial transaction, unless otherwise agreed. Users should not incur any fees from this reimbursement.

Returning Goods Unless the Owner offers to collect the goods, users must return them or hand them over to the Owner or an authorised person within 14 days of communicating the cancellation. The deadline is met if the goods are handed to the carrier or returned before the 14-day period expires. Reimbursement may be withheld until the goods are received or proof of return is provided. Users are only liable for diminished value of goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning. Return costs are borne by the user.

Brazilian User Rights

Right of Regret Consumers in Brazil have a right to withdraw from online contracts (distance contracts or contracts signed away from business premises) within 7 days from the contract date or receipt of the product/service, without reason or justification. Users who are not consumers are not entitled to these rights. The right of regret can be exercised via the contact channels listed at the beginning of this document, following the guidelines in this section.

Exercising the Right of Regret To exercise this right, users must send an unequivocal statement of their intent to withdraw from the contract. Users may use the model withdrawal form from the “definitions” section or express their intention in another clear manner. The regret notice must be sent before the regret period expires.

Regret Period

Goods Purchase: The period ends 7 days after the user or a designated third party (excluding the carrier) receives the goods.
Multiple Goods or Lots: The period ends 7 days after the user or a designated third party receives the last item in a group of goods ordered together or a single item consisting of multiple lots or pieces.

Effects of Regret Users who withdraw correctly will be refunded all payments made, including delivery costs. Additional costs from choosing a more expensive delivery method will not be refunded. Refunds will be made without undue delay and no later than 14 days from the Owner being informed of the regret or the product's return, whichever is later. Refunds will use the same payment method as the initial transaction unless otherwise agreed. Users will not incur fees from this reimbursement.

Returning Goods Unless the Owner offers to collect the goods, users must return them or hand them over to the Owner or an authorised person within 14 days of communicating the regret. The deadline is met if the goods are handed to the carrier or returned before the 14-day period expires. Reimbursement may be withheld until the goods are received or proof of return is provided. Users are only liable for diminished value of goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning. Return costs are borne by the Owner.

Liability and Indemnification

Liability Unless explicitly stated otherwise, the Owner’s liability for damages related to the execution of the Agreement is excluded, limited, or reduced to the maximum extent permitted by law.

Indemnification Users agree to indemnify and hold the Owner, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from any claims or demands (including legal fees) made by third parties due to or related to violations of these Terms, third-party rights, or statutory provisions connected to the use of the Service.

Limitation of Liability Except as required by law, Users cannot claim damages against the Owner or its affiliates. This does not apply to damages to life, health, or physical integrity, damages resulting from the breach of material contractual obligations, or damages resulting from intent or gross negligence. For damages not caused by intent or gross negligence, the Owner’s liability is limited to typical and foreseeable damages at the time of contract entry.

Australian Users

Limitation of Liability Nothing in these Terms excludes, restricts, or modifies any non-excludable rights under the Competition and Consumer Act 2010 (Cth) or similar State and Territory legislation. To the fullest extent permitted by law, liability is limited to the re-performance of services or the cost of having the services supplied again.

US Users

Disclaimer of Warranties The Body Coach is provided on an “as is” and “as available” basis. Use of the Service is at the user’s own risk. To the maximum extent permitted by law, the Owner disclaims all conditions, representations, and warranties, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Owner does not guarantee accuracy, reliability, or availability of the Service and is not responsible for any damage or loss resulting from the use of the Service.

Limitation of Liability To the maximum extent permitted by law, the Owner and its affiliates are not liable for indirect, punitive, incidental, special, consequential, or exemplary damages, including loss of profits or data. Liability for claims exceeding the amount paid by the user in the past 12 months is limited. This section applies to the fullest extent allowed by law.

Indemnification Users agree to indemnify and hold the Owner and its affiliates harmless from claims arising from their use of the Service, violation of these Terms, third-party rights, or statutory laws.

Common Provisions

No Waiver Failure to assert any right under these Terms does not constitute a waiver of that right or any other term.

Service Interruption The Owner may interrupt the Service for maintenance or updates and may suspend or discontinue the Service as needed. In case of discontinuation, the Owner will cooperate with users to retrieve Personal Data.

Service Reselling Users cannot reproduce, copy, sell, or exploit any part of The Body Coach or its Service without prior written permission from the Owner.

Intellectual Property Rights Intellectual property rights related to Mark Claxton Fitness are the exclusive property of the Owner or its licensors and are protected by applicable laws.

Changes to These Terms The Owner may amend these Terms at any time. Users will be informed of changes, which will affect the relationship from the date communicated onwards. Continued use of the Service signifies acceptance of revised Terms.

Assignment of Contract The Owner may transfer or subcontract any rights or obligations under these Terms. Users may not assign their rights or obligations without the Owner’s written permission.

Contacts All communications about Mark Claxton Fitness should be sent using the contact information provided in this document.

Severability If any provision is deemed invalid or unenforceable, the remaining provisions will remain in effect. Invalid provisions will be interpreted to be valid and enforceable as closely as possible to their original intent.

Governing Law These Terms are governed by the law of the Owner’s location, with higher consumer protection standards prevailing where applicable.

Venue of Jurisdiction Exclusive jurisdiction for any disputes lies with the courts in the Owner’s location.

Dispute Resolution Users are encouraged to resolve disputes amicably with the Owner. Complaints can be submitted via email and will be processed within 21 days.

Online Dispute Resolution European Consumers can use the European Commission's online platform for resolving disputes from online contracts.

Definitions and Legal References Last updated: August 23, 2024