Purchase Terms and Conditions

Purchase Terms and Conditions

Our website and App provides for clients (the “Client” or “Clients”) of Personal Trainers (the “Trainer”) purchasing Online Training personal service packages, as well as for Personal Trainers purchasing the use of the website and App (the “Service”) from ProFit Online Training (the “Company”).

Our operations are based in the United States of America, Ireland (EU) and South Africa (RSA) and trade in those regions as ProFit or ProFit Online Training or ProFit Training App under their respective region’s Company, or by their Trade Name owners namely:

Profit Training App (Arizona, USA), 10604 E Native Rose Trail, Tucson, AZ85747, United States of America;

ProFit Online Training (Pty) Ltd (South Africa), Reg No. 2018/101559/07, 16 Holstead Gardens, Durban, 4001, Republic of South Africa;

Profit Online Training Limited (Ireland), Reg No. 631873, 95 Custom Hall, Lower Gardiner Street, Dublin 1, Ireland.

Use of the word Company herein, shall refer to the relevant region’s Company above, being the region the affiliated Trainer has identified to operate in.

A. Purchase of Online Training packages by Clients of Personal Trainers

1. Where the Trainer’s Service is provided within the Republic of South Africa, the Consumer Protection Act 2008, as amended, will apply to the sale and cancellation of Service, subject to the modifications or express terms as set out in 2-8 hereof, and the following terms shall otherwise apply and be subject further to any other law of the country of the Trainer:

2. The supplier of the Service purchased is the online Personal Trainer selected by the Client (the “Trainer”), and the Company has no responsibility to provide such Service.

3.1 The App and website will be available to the Client by activating the Client’s access to the ProFit website and App enabling the Trainer to upload exercise and meal plans to the Client’s account. The Trainer’s Service to the Client will be as set out in the specific Terms and Conditions of the individual training/nutrition package purchased by the Client, and subject to these further general terms and conditions.

3.2 Use of the Company website and App is free but will only be available for use while the Client’s account with the Trainer or the Trainer’s account with the Company is not in arrears, or if the Trainer is for any other reason suspended by the Company.

3.3 Payment of training fees by the Client shall be made at the option of the Company either to the Company direct or to the Trainer. Payment to the Company direct shall be deemed to be and accepted as payment to the Trainer.

4.1 The Service may be summarily suspended by the Company should the Client’s account with the Trainer, or the Trainer’s account with the Company fall into arrears or should the Trainer’s conduct breach the Company’s Rules of Engagement. Should the Client have paid in advance for any Service to be rendered, any claim for a refund will lie against the Trainer and not the Company.

4.2 The Company shall be entitled to suspend the use of the App and website for any other operational reason without penalty, in which event the Client and/or Trainer will be entitled to a refund pro-rata for the balance of the contract period for which the Service is unable to be provided, less any fees/interest already due, and the refund provisions set out in clause 7 shall apply.

5. The Trainer’s Service will in all material respects and characteristics correspond to that which an ordinary alert consumer would have been entitled to expect based on the description of the Service displayed for the Trainer on the Company’s website or App.

6.1 The Client has the right to cancel the Services within 5 business days of the sale date, being the date the Client signed up for the service, and provided the following condition has been met:

6.1.1 Notice of the cancellation needs to be sent to the Company at the relevant region’s Company address set out above, or by email to ProFitOnlineTraining@gmail.com, together with an email to the Trainer at his/her email address as set out on the Company website, within the said 5 business day period, a business day being one in the region of the Trainer.

6.2 The Client has the further right to cancel a fixed term Service contract on 20 business days notice to the Company and Trainer as provided in clause 6.1.1, in which event the Trainer may impose a reasonable cancellation penalty with respect to the Services in contemplation of the agreement enduring for its intended fixed term. Such penalty shall be an amount equivalent to 50% of the total value of the contract for the Service period remaining.

7. Should the Trainer or the Company make any refund to the Client, the refund amount will be in the currency that was paid by the Client, save that the amount shall be the currency conversion amount applicable at the time of refund if same was converted from or converted back to the Client’s currency. Any risk in a currency rate change between time of payment and time of refund shall be borne by the Client.

8. The Company and Trainer shall bear the cost of credit card and other bank charges from his bank for funds being received and the Client shall similarly bear the cost of such charges for any refund being made to the Client.

B. Sale of the use of the App and Website to Personal Trainers

1. Where the Company’s Service transaction takes place within the Republic of South Africa, the Consumer Protection Act 2008, as amended, will apply to the sale and cancellation of service, subject to the modifications or express terms as set out in 2-8 hereof, and the following terms shall otherwise apply and be subject further to any other law of the country of the Trainer:

2. The supplier of the Service purchased is ProFit Online Training (Pty) Ltd for Trainers who have selected South Africa as their base region, or ProFit Online Training LLC for Trainers who have slected the United States of America as their base region, or ProFit Online Training Limited for Trainers who have selected Ireland (EU) as their base region, trading as ProFit or ProFit Online Training (the “Company” respectively).

3.1 The Service will be available to the Trainer by activating his access to the ProFit website and App enabling the Trainer to upload exercise and meal plans to his/her Client accounts. The terms and conditions upon which Clients contract with the Trainer set out elsewhere in the Company website will also be binding on the Trainer.

3.2 The fee for the use of the Company website and App by the Trainer is calculated as a percentage of the Training fees receivable by the Trainer from his/her Clients but will only be available for use while the Trainer’s account with the Company is not in arrears. Such percentage shall be 0% of the Trainer’s gross fees (Free use) for up to and including 5 Clients trained, 9,5% for up to and including 30 Clients trained, 8,5% for up to and including 50 Clients trained, or 6,5% for more than 50 Clients trained, inclusive of any Vat or Sales Tax collected, or such updated percentage as may be amended on 30 days notice to the Trainer from time to time.

3.3 Payment of training fees by the Client shall be made at the option of the Company either to the Company direct or to the Trainer. The fees due to the Company by the Trainer are calculated and payable to the Company at the date of purchase or when the Clients’ payments are due, whichever the later. Interest on any unpaid amounts will be charged at the rate of 15% per annum calculated monthly in arrears.

4.1 The Service may be summarily suspended by the Company should the Trainer’s account fall into arrears, and remain unpaid for 7 days from due date, or should the Trainer’s conduct breach the Company’s Rules of Engagement.

5. The Company’s Service will in all material respects and characteristics correspond to that which an ordinary alert consumer would have been entitled to expect based on the description of the Service displayed on the Company’s website or App.

6. The Trainer has the right to cancel the Service within 5 business days of the sale date, being the date the Trainer was activated on the website and App, and provided the following condition has been met:

6.1 Notice of the cancellation needs to be sent to the Company at the relevant region’s Company address set out above, or by email to ProFitOnlineTraining@gmail.com, together with an email to the Trainer at his/her email address as set out on the Company website within the said 5 business day period, a business day being one in the region of the Trainer.

7. Should the Company be obliged to make any refund to the Trainer or Client, the refund amount will be in the currency that was paid by the Trainer or Client, save that the amount shall be the currency conversion amount applicable at the time of refund if same was converted from or converted back to the Trainer or Client’s currency. Any risk in a currency rate change between time of payment and time of refund shall be borne by the Trainer.

8. The Trainer shall bear the cost of credit card and other bank charges from the bank/s for funds being received and the Trainer shall similarly bear the cost of such charges for any refund being made to the Trainer or the Client, unless the refund is due to operational reasons referred to in clause 4.2, in which event the Company shall bear the refund costs.

COMPANY RULES OF ENGAGEMENT: CODE OF CONDUCT

Applicable to online Personal Trainers using the ProFit website and App

1. Use of the ProFit website and App (the “Service”) is restricted to certified Personal Trainers (the “Trainer”) who shall evidence good ethics and practice in the conduct of their online training at all times.

2. The Trainer shall further adhere to sound business practices in the conduct of his/her online training business through the use of the Company website and App, and any amounts due to the Company shall be paid promptly and when due.

3. The Trainer shall abide by the terms and conditions of his/her package offering to Clients as set out on the Company website or as may have been represented to the Client by the Trainer by email or otherwise.

4. Any complaints by Clients may be investigated by the Company and the Trainer shall furnish the Company with all information available to assess a complaint. Should in the entire discretion of the Company, the Trainer have breached it’s obligations to the Client, either contractually or by virtue of clause 1 and 2 hereof, the Company shall have the right to summarily suspend the Trainer from the use of the Company website and App.

5. Should a Trainer be suspended for any reason, the Trainer’s clients shall similarly be suspended from the use of the Company website and App.