Disclaimer / T&C's / Privacy & Cookie Policy

Terms & Conditions

Last updated: 03/01/2020

1.Introduction

Welcome to Jacked Gymnastics.

This page tells you the terms on which you may use our website https://www.jackedgymnastics.com, whether as registered user or guest. Please read carefully before use.

By using the site, you accept the terms and agree to obey them. If you don't accept them, please don't use the site.

Referenced information such as; acceptable use policy, terms & conditions, privacy policy, cookie policy etc can be read on this page.

No one under the age of 18 is permitted to make any purchases from Jacked Gymnastics including but not limited to merchandise, programming, coaching, seminars / camps, private coaching.

2.Who We Are

https://www.jackedgymnastics.com is operated by Jacked Gymnastics Limited, a UK Limited company registered in England under company number 10342516.

Some important details about us:

Our registered office is at:

Jacked Gymnastics Ltd
PO Box 12770
CHELMSFORD
CM1 9AJ

United Kingdom

Our trading office is at:

Jacked Gymnastics Ltd
PO Box 12770
CHELMSFORD
CM1 9AJ

United Kingdom

3.Use of the Site

You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.

You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

You agree to follow our acceptable use policy.

If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.

Only use the site as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.

We frequently update the site and make changes to it, but we don't have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.

We follow our privacy policy in handling information about you.

By using the site, you agree to us handling this information and confirm that data you provide is accurate.

If you order goods or services from us through the site, your order will take place under our Terms and Conditions of Supply.

The information, material and content provided in the pages of the Site (the "Information") may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access or use of the Site will mean that you agree to any changes.

4.Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.

You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.

If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.

5.Our Legal Responsibility to You

We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:

Any loss to you arising from use of our site

Loss of income, profit, business, data, contracts, goodwill or savings.

We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

6.Uploading to our Site

If you contact other users of our site or upload material to it, you must follow our acceptable use policy, which sets out standards for usage. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.

Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.

We won't be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it doesn't follow our acceptable use policy.

7.Computer Offences

If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You mustn't try to get access to our site or server or any connected database or make any 'attack' on the site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.

8.Links to Our Site

You are allowed to make a legal link to our website's homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time.

You mustn't suggest any endorsement by us or association with us unless we agree in writing.

9.Links From Our Site

Links from our site to other sites are only for information. We don't accept responsibility for other sites or any loss you suffer from using them.

10.Variation

We change these terms from time to time and you must check them for changes because they are binding on you.

11.Trade Mark

Jacked Gymnastics is our UK and EU Registered trademark.

12.Applicable Law

12.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.

12.2 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

12.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

12.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by LawBite in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

12.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.

12.6 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.

12.7 If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.

12.8 Any dispute shall not affect the Parties' ongoing obligations under the Agreement.

12.9 The English courts have the only right to hear claims related to our site, and all disputes are governed by English law.

13.Internet E-Mail

Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration.

14.Links/Software

Links from or to web sites outside the Site are meant for convenience only. Jacked Gymnastics Limited does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and Jacked Gymnastics Limited will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and Jacked Gymnastics Limited is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

15.Payment for Products & Services

Jacked Gymnastics Limited is not responsible for any fees, charges, exchange rates or additional charges levied by individual financial institutions or Credit Card companies.

16.Refund / Cancellation Policy

16.1 Services

Private Training (1-1 sessions)

If your scheduling conflict is known in advance and we are notified at least 24 hours ahead of time, it MAY be possible to make the session up at a later date or with a different trainer. However, this cannot be guaranteed.
Any sessions missed with less than 24 hours notification are forfeited.
If you have not already paid for the session, your account/card will be charged for the full amount of the session.
If no card/account information is present, no further sessions will be conducted until the outstanding payment is received.

Additionally, reserved time slots may be lost if payment is not made in a timely manner.

16.2 Registered Programs

Programming memberships are NOT refundable
If you are unable to attend a program due to circumstances out of your control (determined on a case-by-case basis by our administration), we MAY in rare cases offer you a refund if you notify us with good reason. However the final decision is always the choice of Jacked Gymnastics Limited.
There is no cash refund.
We are here to get you results and these results cannot be achieved if you fail to attend the program!  This is not negotiable.

16.3 Seminars / Training Camps

Seminar spots are non-refundable unless a camp has been cancelled. This is due to the high overheads we face in travel, accommodation and the commitment of the hosting gym to guarantee available space for the seminar.
Instead of a refund, a participant can opt to pass on their spot to someone else. However, it is the participants responsibility to find a suitable replacement that meets the seminar criteria. To pass on a spot, the participant should contact Jacked Gymnastics directly (info@jackedgymnastics.com). The participant must still provide their relevant information and sign a waiver prior to the camp / seminar start date.
Jacked Gymnastics has the right, in rare cases, to cancel or postpone any camp / seminar without prior notice. In the rare case this happens, all participants will be given a full refund. We therefore highly recommend that participants arrange flexible travel where possible.

16.4 Merchandise

All merchandise is printed on demand and Jacked Gymnastics will not provide refunds for buyers remorse or sizing errors. A detailed size guide is provided on our product pages so please check that before making your order.
Products which are defective or damaged upon arrival may be eligible for a free replacement. Please contact us to arrange.

16.5 Digital Products (Audio, Video, E-Book downloads)

These products are not eligible for return or exchange.
Should your file be defective or damaged upon arrival please contact the appropriate division of Jacked Gymnastics Limited or contact us here (https://www.jackedgymnastics.com/pages/contact) and we will arrange for a copy of the file to be re-sent.
Should you be dissatisfied with the quality or content of the file, we would be happy to hear your feedback. Please contact the appropriate division of the company.

17.Risk

The use of this Site, its content, services and products should be taken as suggestions and implemented at your own risk. In no event shall Jacked Gymnastics Limited, or any of its associates (including trainers) be liable for any damages in the future including, but not limited to, heart attacks, muscle strains, pull or tears, neck, back, shoulder, elbow, wrist, hand, finger, feet, toe and/or hip injuries, and other illness/disease, or injury/damage (mental, physical, financial), however caused, occurring at any time in the present or future. Any content taken from this website should not be taken as advice and users must be aware that training without the supervision of a qualified coach / trainer is not advised. We also highly recommend that all users first seek medical advice from a qualified doctor before starting and/or altering training and/or nutrition.

There are significant risks involved in any physical training regimen. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of yourself, training partner(s) or other people around you, injury or death due to improper use or failure of equipment. Injury may also result simply from the fact of physical training itself. By its very nature, physical training seeks to have you push beyond your limits in order to produce a physical adaptation to your body. This requires feedback from your own self regarding what is happening with your body.

Please be aware that excessive work can result (in rare cases) in exertional rhabdomyolsis. You should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following particularly intense workouts. You should be aware that any of the above mentioned risks may result in serious injury or death to yourself and or your training partner(s). Jacked Gymnastics Limited or associates, including trainers, cannot be responsible for any injuries or death of you or training partners, even when participating in training and/or programming from Jacked Gymnastics Limited , and cannot be responsible for any financial and/or legal responsibility for any injury.

18.CrossFit Disclaimer

CrossFit® is a registered trademark of CrossFit, Inc. Any usage of the term on this website, social media, etc. is used simply as nominative in nature. Jacked Gymnastics Limited is not endorsed, sponsored or affiliated with CrossFit Inc.

19.Copyright

All content including, but not limited to; text, logos, ideas, designs, images, posts, articles, programming, coaching advice is copyrighted by Jacked Gymnastics Limited and may not be used or manipulated in any way unless special permission is granted by a Director of Jacked Gymnastics Limited.

14.Contact Us

Please email us at info@jackedgymnastics.com to contact us about any issues.

Privacy Policy and Cookie Policy for Website

1.Introduction

This is our privacy policy. It tells you how we collect and process data received from you on our site. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

If you have any comments on this privacy policy, please email them to info@jackedgymnastics.com

This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices set forth in this privacy policy are for web sites within the Jacked Gymnastics Limited portfolio. If you link to other third party web sites, please review the privacy policies posted at those sites. Jacked Gymnastics Limited is not responsible for how data or information is treated/handled by any third party web site that is linked to from our sites.

2.Who We Are

Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a 'data controller':

Our site address is https://www.jackedgymnastics.com
Our company name is Jacked Gymnastics Limited
Our registered address is Jacked Gymnastics Ltd PO Box 12770 CHELMSFORD CM1 9AJ United Kingdom
Our nominated representative is Matthew James and can be contacted at info@jackedgymnastics.com

3.Cookie/Tracking Technology

All Cookies used by and on our website are used in accordance with current English and EU Cookie Law.

The site uses cookies or similar technology to collect information about your access to the site. Cookies are pieces of information that include a unique reference code that a website transfers to your device to store and sometimes track information about you.

A few of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the site and will last for longer.

All cookies used on our site are set by us.

Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can prevent the setting of cookies by adjusting the settings on your browser. Please note however, that by blocking or deleting cookies you may not be able to take full advantage of the site.

Our cookies will be used for:

Essential session management

creating a specific log-in session for a user of the site in order that the site remembers that a user is logged in and that their page requests are delivered in an effective, secure and consistent manner;
recognising when a user of the site has visited before allowing us to identify the number of unique users we receive to the site and make sure we have enough capacity for the number of users that we get;
recognising if a visitor to the site is registered with us in any way;
we may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of our site.

Functionality

customising elements of the promotional layout and/or content of the pages of the site.

Performance and measurement

collecting statistical information about how our users use the site so that we can improve the site and learn which parts are most popular to users.

4.What we may collect

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

Specifically, we may collect and process the following data about you:

Information you put into forms or surveys on our site at any time
A record of any correspondence between us
Details of transactions you carry out through our site
Details of your visits to our site and the resources you use
Information about your computer (e.g. your IP address, browser, operating system, etc.) for system administration and to report aggregate information to our advertisers

Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

a) you have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our credit card payment processing, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

5.How we use what we collect

We use information about you to:

Present site content effectively to you.
Provide information, products and services that you request, or (with your consent) which we think may interest you.
Carry out our contracts with you.
Allow you to use our interactive services if you want to.
Tell you our charges.
Tell you about other goods and services that might interest you. We will also let other people do this, and we (or they) may contact you.

If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.

If you are a new customer, you will only be contacted if you agree to it.

If you don't want to be contacted for marketing purposes, please tick the relevant box that you will find on screen.

Please note: We don't identify individuals to our advertisers, but we do give them aggregate information to help them reach their target audience, and we may use information we have collected to display advertisements to that audience.

In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section in 5, you can let us know at any time by contacting us at info@jackedgymnastics.com, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible products and services to you.

In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the products and services we can provide you if you don’t provide your personal data in these cases.

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

6.Where we store your data

We may transfer your collected data to storage outside the European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and deal with payment.

By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.

Payment will be encrypted. If we give you a password, you must keep it confidential. Please don't share it. Although we try to provide protection, we cannot guarantee complete security for your data, and you take the risk that any sending of that data turns out to be not secure despite our efforts.

We only keep your personal data for as long as we need to in order to use it as described above in section 5, and/or for as long as we have your permission to keep it. In any event, we will conduct an [annual] review to ascertain whether we need to keep your personal data. Your personal data will be deleted if we no longer need it.

7.Disclosing your information

We are allowed to disclose your information in the following cases:

If we want to sell our business, or our company, we can disclose it to the potential buyer.
We can disclose it to other businesses in our group.
We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights.
We can exchange information with others to protect against fraud or credit risks.

We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. These are the third parties that may have access to your information:

Wodify (https://www.wodify.com)
Beyond the Whiteboard (https://www.beyondthewhiteboard.com)
STRIPE (https://stripe.com)
PaySafe (https://www.paysafe.com)
PayPal (https://www.paypal.com)
TheFitBot (https://thefitbot.com)
Fitr (https://get.fitr.training)

Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.

8.Your rights

You can ask us not to use your data for marketing. You can do this by ticking the relevant boxes on our forms, or by contacting us at any time at info@jackedgymnastics.com

Under the GDPR, you have the right to:

request access to, deletion of or correction of, your personal data held by us at no cost to you;
request that your personal data be transferred to another person (data portability);
be informed of what data processing is taking place;
restrict processing;
to object to processing of your personal data; and
complain to a supervisory authority.

You also have rights with respect to automated decision-making and profiling as set out in section 11 below.

To enforce any of the foregoing rights or if you have any other questions about our site or this Privacy Policy, please contact us at info@jackedgymnastics.com

9.Links to other sites

Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our site.We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

10.Changes

If we change our Privacy Policy, we will post the changes on this page. If we decide to, we may also email you.

11.Automated Decision-Making and Profiling

11.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.

11.2 The right described in section 11.1 does not apply in the following circumstances:

a) the decision is necessary for the entry into, or performance of, a contract between the you and us;
b) the decision is authorised by law; or
c) you have given you explicit consent.

11.3 Where we use your personal data for profiling purposes, the following shall apply:

a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;
b) Appropriate mathematical or statistical procedures will be used;
c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

12.Dispute Resolution

12.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Privacy Policy or any breach of it.

12.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

12.3 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

12.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

12.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.

12.6 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.

12.7 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.

12.8 Any dispute shall not affect the parties’ ongoing obligations under this Privacy Policy.