terms and conditions
The terms listed in the following document apply to any service sold from www.cleaverfitness.com and form a contract between you, the customer, and us, the service provider. Please ensure you read this document in full before making any purchase from www.cleaverfitness.com. Please be sure that by agreeing to our terms and conditions, you are agreeing to all terms stated in this document, and any document in which it refers to. Please read this document in full and ensure you fully understand the terms in which you will agree. If you have any questions about our terms and conditions, please contact us to discuss your query prior to making a purchase.
Our terms and conditions are always accessible from our website, so be sure to read them on a regular basis, especially when making a new purchase or purchase upgrade. We may alter and change our terms and conditions from time to time so be sure to stay up to date and make sure you fully understand the document in full before making a purchase or upgrade.
- About Cleaver Fitness
Cleaver Fitness is part of Cleaver Health and Fitness, a brand created by Lee Cleaver. Lee is currently working as a sole trader. Cleaver Fitness provides high quality pre-built gym based resistance training programs and custom-built gym based resistance training programs, as well as pre-built diet plans. Lee Cleaver is very well qualified within the field of sports science with a diploma, under-graduate degree and post-graduate degree and over a decade of hands on work experience, six years of which were based at the highest professional level. Cleaver Fitness is proud to offer such high quality services and continues to seek to improve the level of service we offer.
- Cleaver Fitness Requirements
2.1. Our services are available to persons over the age of 18. We understand people under the age of 18 may wish to use our services and claim a false age in order to do so. We advise against people doing this and that people who are not fully physically mature consider waiting until they have fully matured before participating in any form of resistance training, the minimum advised age would be 18 years of age.
2.2 We strongly advise all members to seek medical approval prior to participating in a resistance training program. Resistance training has a risk of injury like most forms of activity and that risk is heightened if the participant is not is a suitable physical/physiological condition. Please be aware that all members that choose not to seek medical approval participate in a resistance training program at their own risk.
2.3 We reserve the right to deny our services and refuse membership to anyone at our own discretion with no explanation required. A membership is not valid until a confirmation email has been received, and a paid service is not active until confirmation has been received via email also. Memberships and services can be revoked at any time if the user has breached the rules and regulations for use of services offered by Cleaver Fitness and stated in this document.
3.1 Cleaver Fitness offers a variety of services, all of which require you the customer/user to provide us with some personal information. This includes but is not limited to; identity information such as name and date of birth. Objective based information such as goals and aims for achievement. Physiological information such as height and weight. Any information that we deem relevant to provide you with the most effective and professional service possible. Please be aware that when you are presented with a form requesting personal information, not all questions are a necessity.
3.2 We may at time collate information to ensure our marketing strategies are efficient. Therefore it is possible from time to time we may seek information such as an IP address to see where our viewers are based.
3.3 We will not wilfully or knowingly sell, trade, rent, disclose or make available personally identifiable information about you, your employees, co-workers, or clients. Nor will we wilfully or knowingly sell, trade, rent, disclose or make available information about any of your business relationships with your customers, clients, vendors, or partners to any third party without first receiving your permission, except as permitted by law or when expressly stated herein.
3.5 You have the right to request a copy of all personal information we have for you. However, be aware that a fee will be charged to cover the cost of the time of which is taken to gather such information.
3.6 Within specific features which Cleaver Fitness offers you may find some of your personal information visible to anyone who visits the relevant pages which contain said personal information. If this situation occurs you must first check your privacy settings to see if you have them set to avoid this situation occurring or not. If your privacy settings are set ineffectively then please contact us immediately, explain the situation and we shall ensure your personal information of which you don’t want to be visible will not be visible.
3.7 Cleaver Fitness attempts to encourage member to interact and share information. Please think before you share any personal information as you are doing this in an open manner where there are no privacy restrictions. If you wish for certain information to remain personal and private then be selective about which discussions you partake in and what information you divulge.
- Cleaver Fitness Memberships/Subscriptions
4.1 Please be aware that we reserve to right to alter our prices at any time. The price stated at the time of purchase is the price you will be charged. If you purchase a subscription for a prolonged period of time, please be sure to check prices when upgrading or renewing a purchase as the prices may have altered since the time of the original purchase. If you agree to a continuous payment agreement you will be notified in advance the prices are due to rise. This gives you time to make a decision to cancel prior to the price change, or continue with your continuous payment agreement.
4.2 Under UK legislation you have the right to cancel your subscription within seven working days of purchase. If this situation occurs then you should contact us and we will aim to refund you in full within thirty days. Please note that you lose the right to a refund as soon as you access any of the services in which you are seeking a refund.
4.3 We hope you never feel the need to cancel your subscription or ask for a refund. However, if any situation occurs where you may seek to perform such a request, please contact us and explain the situation in full. We cannot guarantee a refund, but we will assess each situation individually and make a decision based upon the circumstances. A part refund maybe an option if the request for a full refund is unreasonable. But please be aware that we reserve the right to deny any refund if the paid for services have been accessed.
4.4 For your convenience all services are set to renew once expired for the same service and duration as first paid for. For example, if you purchase a one-month (28 day) training program, once it expires, a second training program will automatically be issued and payment will be taken. This will continue every 28 days for the duration of 52 weeks if the automatic renew (aka. continuous payment agreement) if not deactivated. The user is clearly notified prior to the purchase that this agreement will be in place. The user is also clearly instructed on how to cancel this agreement should they wish to do so.
4.5 The user has the ability to deactivate (turn off) and activate (turn on) the automatic renew (continuous payment agreement) as many times as they wish prior to their service/program/plan expiring. If the continuous payment agreement is deactivated upon expiry, then the user has the option to upgrade their plan or purchase again. If they upgrade, then the continuous payment agreement cannot be activated again and they must continue to upgrade upon expiry each time they wish to renew their service. If they choose to purchase again (make a new purchase), the continuous payment agreement will be activated but their service will begin from the start again (e.g. with a pre-built training program, the user will be issued with cycle one again). If the continuous payment agreement is deactivated, but then activated prior to expiry, then a new service/program/plan will be automatically issued and payment taken.
4.6 If the continuous payment agreement has been left, or changed to ‘on’ (it is active), then paypal will make an attempt to take payment upon expiry. If the account has insufficient funds, Paypal will make a further two attempts if necessary. If all attempts to take payment are unsuccessful then the agreement will be automatically cancelled. During this process it is likely, but not guaranteed that a member of cleaver health and fitness staff will attempt to contact the user to discuss the issue.
- Cleaver Fitness Personal Profile
5.1 When you agree to our terms and conditions stated in this document, you agree to adhere to and abide by all term and conditions, and if you breach that agreement you risk termination of your membership without a refund. By agreeing to our terms and conditions you agree that the contract of which you enters entitles you (the user/applicant) and only you access to the services of which you have applied to purchase. Should you allow a third party to access said services via your personal username and password then we reserve the right to terminate your membership/subscription.
5.2 If at any point you feel the privacy of your personal profile has been breached please double check your privacy settings to ensure it was not an oversight on your behalf, and following this contact us immediately and inform us with all details. We will take immediate and appropriate action should this situation occur. To avoid any unauthorised activity to your personal profile and/or purchased services, please keep all login details private and change passwords on a regular basis.
5.3 If we receive report of inappropriate use of a member profile/personal profile we reserve the right to terminate the related purchases and delete the profile in question. Misappropriate use includes but is not limited to nude images and/or other offensive images, and/or offensive usernames. Cleaver Fitness aims to develop a community where members can support each other, therefore anyone causing offence risks a lifetime ban from all Cleaver Health and Fitness related services and products.
5.4 When a user views their program (training program or diet plan) under the programs section of their profile, they have the option to deactivate or reactivate the continuous payment agreement (labelled, auto renew). If the user deactivates this option, upon expiry they will be required to manually upgrade should they will to continue to receive the service they were previously in receipt of. If they deactivate, then reactivate (or leave in default active mode), then upon expiry a new service/program/plan will be issued.
- Cleaver Fitness Payment Terms and Conditions
6.1 At present all payments are processed via PayPal. PayPal is a safe and trustworthy payment method. PayPal accepts most forms of payment, including but not limited to credit card payment, debit card payment, and payment from a PayPal account. For terms and conditions related to the use of PayPal please see their terms and conditions via their website. Payment of services via PayPal allow the member to have peace of mind that their payment details are secure. Members are advised not to send us their payments details via email, post or any other electronic or non-electronic method. We will not accept responsibility for the security of your payment details if you attempt to pay for any service through any method other than PayPal, of whom will be responsible for the security of your payment details.
6.2 Services are advertised as a monthly service. This is not to appear misleading but for ease of marketing purposes. Service memberships are in fact 28 days in length (four weeks). This is to aid the effectiveness of the service. Training programs consist on a specific number of training sessions to be completed within a week. A training program will run for four weeks before a new stimulus is required. The training programs run for 28 days so all four weeks can be completed in full as opposed to four and a half weeks, which could cause problems regarding the effectiveness of the program.
6.3 A service will not become available to a member until the payment has been accepted. If the member agrees to a continuous payment agreement then the service will be renewed as soon as the previous service expires. If a payment is not accepted then the service will not be accessible by the member. If this situation occurs please ensure you have sufficient funds for the payment to be accepted. If the problem is not with you, then please contact us immediately and we shall rectify the problem as soon as possible. Should the payment via the continuous payment agreement not be accepted due to a fault of the member then the service will not be accessible to the member until the payment has been made.
6.4 During the payment process, the user is informed that a continuous payment agreement will be set up for their convenience (the continuous payment agreement, also referred to as an automatic renewal, or similar reference, refers to the issue and collection of payment for a new service following the expiration of a previous service. For example, if a user purchases a one month training program, once it expires they will be sent the next month’s training program and payment will be automatically collected. This is set up purely for the convenience of the user to save them manually upgrading following each expired service.). This is an agreement between the user and PayPal set up by Cleaver Health & Fitness. PayPal will collect the payment each time a service is renewed. Should the user choose to cancel this agreement they can do so with ease via their profile. When accessing/viewing their service they will see the option to cancel the “auto renew”/continuous payment agreement. Should the user forget to disable this option, and payment is collected against the user’s hopes/intentions, providing the user has not accessed the service paid for they should be eligible for a refund.
- Cleaver Fitness Content
7.1 Cleaver Health and Fitness own the rights to all copyright material, trademarks, designs and intellectual property displayed on this website. Certain materials may be owned by third parties and are displayed with their permission. Please be aware that any unauthorised use of images, videos or text could impinge on copyright and/or trademark laws. By accepting our terms and conditions, you accept that you shall not use any content (image, video, text or otherwise) displayed on any web page within cleaverfitness.com. Should you not adhere to this agreement you risk termination of your membership and subscription, and possible legal action against you. Should you require any use of our content please contact us and seek permission.
7.2 Your personal content that you input into your member profile and your service subscriptions is protected by copyright law as owned by you. However, by agreeing to our terms and conditions you agree to allow us access to all personal content, and you agree to grant us permission to republish this content anywhere on our website. We will not republish any personal content without informing you first.
7.3 By agreeing to our terms and conditions you also agree that posting information, comments and images is done so at your own risk. By agreeing to our terms and conditions you understand that we have access to all content you post and it is down to our discretion to determine whether it is suitable for our website. If we deem your content offensive, in poor taste or simply to suitable to our website then you agree that we have permission to remove said content and if we deem necessary terminate your membership and/or subscription.
- Cleaver Fitness Disclaimer
8.1 Please be clear that by using our services whether they be free or paid for, you are agreeing to the terms and conditions displayed in this document in its entirety. If you do not wish to abide to all terms and conditions stated in this document then do not use our services. If you agree to use our services be sure to read this document on a regular basis as it may be updated from time to time, and terms and conditions will be enforced as soon as they appear in this document published on our website. By agreeing to our terms and conditions you agree you understand this, you agree to read this document regularly, and you agree to abide to all terms and conditions. By agreeing to this document you are also agreeing that should you breach any terms and conditions unknowingly due to not staying up to date with this document, then you agree that the fault is your own and will accept any applicable and necessary consequences that may occur.
8.2 Cleaver Fitness strongly advises all members to seek the approval of a medical professional prior to participating in any form of exercise. Should you choose to not obtain approval from a medical professional, then you do so at your own risk. Cleaver Fitness provides training programs, diet plans, exercise techniques, basic sport science support, advice, and other materials through our website and/or email for general information purposes only. Even with our custom-made training programs which are designed for an individual’s specific needs to achieve a training objective, we may ask for some basic health information but we cannot, will not and should not be expected to ask for all health related information. A doctor or appropriate medical professional is qualified to carry out a full examination to indicate in you are in a suitable physical condition to participate in one of our training programs, or to follow one of our diet plans. We cannot be expected to carry out such an examination with a few online questions. So should you wish to participate in a Cleaver Fitness service, or follow any advice we may provide then please do so at your own risk following the advice and guidance of a well-qualified medical professional. We are not liable for any injuries or health related issues, including but not limited to muscle pain, joint pain, cardiac arrest, or death, which occur as a result of or during the participation of one of our training programs and/or diet plans.
8.3 Please be aware that even with the approval of a medical professional, if a member of our team does not think you are in a suitable physical condition to participate in one of our training programs and/or diet plans then we reserve the right to terminate your membership and/or subscription. Also irrespective of a medical professional’s approval, by using our website and our services, you are knowingly accepting that you are full responsible for your health and use our services at your own risk.
8.4 Cleaver Fitness provides very well qualified and experienced personal trainers. However, Cleaver Fitness or it’s personal trainers will not be held liable in any way whatsoever for any inaccuracy, misunderstanding, ineffectiveness, or general poor progress. There are many factors and variables which affect a members progress towards their objective, therefore the member must take full responsibility for their progress and if dissatisfied must not point the blame towards Cleaver Fitness or it’s personal trainers.
8.5 Cleaver Fitness offers basic recipes for meals contained within our diet plans. Cleaver Fitness are not liable for any illness which could occur from inaccurate cooking. Our cooking instructions are guidelines. The member is fully responsible for ensuring their food is cooked correctly. All cooking appliances differ in make, model, age, etc. and many of these factors can affect the performance of said cooking appliance. Therefore the performance of the appliance could be impaired. Cleaver Fitness can provide general guidelines for the member and is therefore no responsible for undercooked food and/or meals in which the member is not satisfied.
8.6 Cleaver Fitness are not liable for any offence caused by other members. If we are made aware of a situation in which a member has been offended by another member we shall investigate and take action we deem necessary and appropriate. Any interaction between members on social media is out of the control of Cleaver Fitness and therefore we are not expected to take any action and will not be liable for any offence caused via social media.
8.7 Cleaver Fitness is not liable for any intrusion of your privacy if you as the member is at fault for not ensuring that your privacy settings are set to your requirements. Failure to set your privacy settings could results in other members and non-members being to access personal information of which Cleaver Fitness will not be liable.
8.8 Cleaver Fitness is not liable for any information provided by a third party, whether that be via our social media platforms or directly on our website. This includes but is not limited to, information presented by members or non-members. If you decide to make any decision and/or take any action based upon third party information then you agree that Cleaver Fitness is not liable or responsible for any consequences that result.
8.9 Cleaver Fitness will always do its best to provide the best service possible in every sense of the word. However as a member, user or visitor you must understand that some things are out of our control. Therefore Cleaver Fitness is not liable to you or any third party for any damages caused by website errors, viruses, interruptions, or failures. We will not be held responsible to any costs incurred for the repair of said damages.
8.10 Nothing in this document will exclude our liability for personal injury or death caused by our negligence. Cleaver Fitness was created to give people guidance who may otherwise not have access to any. It was created to help people achieve their objectives and improve their health in a comfortable and safe manner. Safety is one of our priorities and we will always do all we can to avoid any accident of any form. But should something occur as a result of our negligence then we shall be liable.
- Cleaver Fitness General Terms and Conditions
9.1 If any of these terms and conditions are deemed void or illegal by a relevant competent authority then this would apply to the specific section in question. The remaining terms and conditions remain valid and fully enforceable.
9.2 The terms and conditions stated in this document represent the agreement between us and the member for the services paid for. This agreement supersedes any prior agreement and make the terms and conditions in this document applicable to the current service agreement between the two parties.
9.3 These terms and conditions and the contract which it is applied is for the parties involved only. For anyone else who is not party to this agreement, the terms and conditions shall not apply.
9.4 These terms and conditions and any dispute in connection to them will be governed by the law of England. Agreeing to the terms and conditions in this contract mean that the members agrees that the courts of England shall have exclusive jurisdiction to settle any claim or dispute that arises in connection these terms and conditions.