TERMS & CONDITIONS OF SERVICE

For Trainers ’ Clients

DUPL provides the Services for information purposes only. We provide a platform so that Professionals can provide you with coaching, physical training and nutritional information relating to your fitness, performance, weight loss and/or other nutritional goals; however, you acknowledge that DUPL and its employees are not sports coaches, fitness trainers, registered dietitians, or fitness, weight loss, or any other kind of medical professionals.
BY ACCEPTING THIS AGREEMENT YOU ACKNOWLEDGE THAT DUPL DOES NOT CONTAIN OR OFFER, AND ITS CONTENTS DO NOT CONSTITUTE, MEDICAL ADVICE OR OPINION OF ANY KIND AND THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL OR MEDICAL ADVICE OF ANY KIND. THE INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, OR TO DIAGNOSE OR TREAT A MEDICAL OR HEALTH CONDITION. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND DUPL.
YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU WILL CONSULT YOUR DOCTOR TO ENSURE THAT THEY ARE SUITABLE FOR YOU. IF FOR ANY REASON YOU ARE AT RISK OF HEALTH ISSUES WHICH MAY RESULT FROM SIGNIFICANT CHANGES IN YOUR DIET OR LIFESTYLE THEN YOU MUST NOT USE THE SERVICE WITHOUT FIRST RECEIVING WRITTEN APPROVAL FROM YOUR DOCTOR.
By accepting this Agreement, you are warranting that a doctor has specifically approved your use of the Services. The Services are intended for use only by individuals healthy enough to make changes to their exercise, diets and lifestyles, and are not intended for use by minors or individuals with any type of health condition that makes the kind of changes to diet or lifestyle that may be suggested by Professionals via the Service unsafe or inappropriate. In the event that you experience any pain or discomfort as a result of making changes to your diet or lifestyle as suggested to you by a Professional, then you must discontinue those changes and seek medical advice from your doctor immediately.
DUPL reserves the right to withdraw any User’s access to the Services if for any reason it considers that you are at risk of suffering from health complications as a result of using the Services, or that you have not obtained appropriate authorisation from a doctor before commencing use of the Services.

TERMS OF APPLICATION USE

This page (together with the documents referred to in it) sets out the terms of use on which you may make use of our Mobile Application Service (together the Service) and all of the services delivered through those platforms, whether as a guest or a registered user. For the avoidance of doubt, references to “the Service” include any current or future versions of our Mobile Application Service through which you access any of our services.
Use of the Service includes accessing, browsing, or registering to use the Application. Please read these terms of use carefully before you start to use the Application. By using the Application, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you must refrain from using the Application. By accepting these terms you warrant that you are at least 18 years of age and you are legally capable of entering into binding contracts

  1. Information about us

DUPL FIT is an Service operated by ENTOUCH LIMITED ("We" or “DUPL”). We are registered in England and Wales under company number 815426 and have our registered office at 1ST FLOOR (NORTH) DEVONSHIRE HOUSE, 1 DEVONSHIRE STREET, LONDON, W1W 5DS, United Kingdom.

  1. Interpretation
    1. For the purposes of this agreement the following terms shall have the following meanings (unless the context otherwise requires):
      1. Agreement means this document and the clauses set out therein.
      2. Appointment means an interaction between a User and a Professional facilitated by the Application, in which the Professional will deliver various Services to the User.
      3. Documentation means any written materials, video, or audio content which a Professional may provide to a User as part of their advice to that User or to supplement their Advice to that User.
      4. Mobile Application Service means the DUPL Application available for use on various mobile devices
      5. Professional means an individual who has accepted DUPL’s terms of use for Professionals and who provides Services to Users via the Application.
      6. Services means the various consultation and advisory services provided, by Professionals or otherwise, to Users via the Application.
      7. User means an individual who has accepted these Terms and Conditions and has created a unique user account to use the Application.
  2. Other Applicable Terms
    1. These terms of use refer to the following additional terms, which also apply to your use of the Application:
      1. our privacy policy [https://dupl.me/app/#/terms/privacy/] (the “Privacy Policy”), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate; and
      2. our cookie policy [https://dupl.me/app/#/terms/privacy/] (the “Cookie Policy”), which sets out information about the cookies on the Website.
  3. Our Service
    1. The Application links Users to Professionals, helping Users to submit information to a selected Professional so that such Professionals are able to provide personalised individual coaching, exercise, diet and lifestyle advice to them based on the information that the User provides. DUPL’s role is to facilitate the linking of Users to Professionals; Professionals are solely liable for all advice, guidance and information, which they supply to Users.
    2. By accepting this Agreement you are agreeing to be a part of the relationship described in clause 4.1. You agree that Professionals are solely liable for all Services that they provide to you and that you shall have no remedy against DUPL for any failure by a Professional to provide such services in a fashion which you consider unsatisfactory.
    3. Users must always consult their doctor for advice on any medical conditions with which they may suffer. Advice given by Professionals is not medical advice and is not an alternative or replacement to a doctor’s diagnosis, treatment or recommended course of action.
  4. Changes To These Terms
    1. We may revise the terms of this Agreement at any time by amending this page. Please check this page from time to time to take notice of any changes we have made, as they will be binding on you.
    2. If you have registered as a User then we will notify you of any changes to this Agreement using the e-mail address provided by you as part of the process of creating an account with the Application (as updated by you from time to time). By accepting this Agreement you are consenting to be contacted by DUPL in this fashion and agreeing that you consider being sent notification of changes to this Agreement in this fashion to be adequate notice.
  5. Changes to the Application
    1. We may change or modify the Application content, layout, or functionality at any time and without notice.
    2. Please note that any content or information on the Application may be out of date at any given time, and we are under no obligation to update it within any given timeframe or at all.
    3. We do not guarantee that the Application, or any content on it, will be free from errors or omissions.
  6. Accessing the Application
    1. We do not guarantee that the Application, or any content on it, will always be available or that access will be uninterrupted. Access to the Application is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Application without notice. We may, at our discretion, also suspend or terminate your access at any time on a temporary or permanent basis. We will not be liable to you if for any reason the Application is unavailable at any time or for any period.
    2. You are responsible for making all arrangements necessary for you to have access to the Application and we reserve the right to restrict access to the Application subject to the provision to us of such verification material as we may request from you from time to time.
    3. You are also responsible for ensuring that all persons who access the Application through your Internet connection or connected devices are aware of the terms of this Agreement and that they comply with them.
  7. Your Account and Password
    1. If you are provided with, or generate, a username, a user identification code, password or any other piece of information (together or individually Account Information) as part of our security procedures, you must treat that Account Information as confidential. You must not disclose it to any third party.
    2. Your Account Information is personal to you and you must not disclose it to, or share it with, any other individual. You must not allow any other person to access the Application using your Account Information and agree that you will not access the Application using another user’s users Account Information.
    3. We have the right to disable any Account Information, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.
    4. If you know or suspect that anyone other than you knows your Account Information, you must promptly change it and notify us at hello@DUPL.me.
  8. Professionals
    1. Professionals have absolute discretion as to which Users they are willing to provide Services to and may reject your request for any reason.
    2. You agree that you will not be receiving Services from DUPL and that all Professionals will be providing Services to you as independent contractors. Therefore, by requesting to receive Services from a Professional you will be offering to enter into a contract with them directly and agree that, in the event of any breach of that contract or any negligence by that Professional, that your sole remedy will be against the Professional directly and that DUPL will not be liable.
  9. Intellectual Property Rights
    1. We are the owner or the licensee of all intellectual property rights in the Application, all material published on it, and all Documentation. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any page(s) or Documentation from the Application for your personal reference. You must not distribute or share such materials with any third party.
    3. You must not modify the paper or digital copies of any materials or Documentation you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of material on the Application and all Documentation must always be acknowledged.
    5. You must not use any part of the materials on the Application or any Documentation for commercial purposes without obtaining a licence to do so from us or our licensors.
    6. If you print off, copy or download any part of the Application or any Documentation in breach of these terms of use, your right to use the Application will cease immediately, you indemnify us for the consequences of such breach and you must, at our option, return or destroy any copies of the materials you have made.
  10. No Reliance on Information
    1. None of the content which appears on the Application and is available to all Users is intended to amount to medical, dietary, legal or other professional advice. You agree that you will not treat any information which may appear on the Application in this fashion as such advice and will not rely on it as if it were such advice.
    2. Without prejudice to clause 11.1 you may receive coaching, training, exercise and dietary advice (which, for the avoidance of doubt, is not medical advice) from Professionals via the Application. While such advice may be supplemented by Documentation originally provided to that Professional by DUPL, the Professional has sole discretion in deciding whether they are suitable and/or appropriate to provide to any given User alongside their advice.
    3. We are not responsible for the content of any reviews or other information on the Application provided by other Users of the Application and you accept that such information represents only the personal opinions of such Users and is provided solely for information purposes.
    4. We have no liability to any person in relation to any material provided on the Application. It is a condition of your use of the Application that you agree that you will not make any claim against us or any of our employees, officers or agents in respect of any content on the Application or any communication from us.
    5. Although we make reasonable efforts to update the information on the Application, we make no representations, warranties or guarantees, whether express or implied, that the content on the Application is accurate, complete or up-to-date.
  11. Our liability
    1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
    2. By accepting this Agreement and purchasing a Package you agree that Professionals will engage with you as independent contractors and that all liability that DUPL may have for their actions, be it in tort, breach of contract, breach of statutory duty, or otherwise, shall be excluded.
    3. To the extent permitted by law, DUPL excludes all conditions, warranties, representations and other terms which may apply to the Application or any content on it, whether express or implied.
    4. Without prejudice to the other sub-clauses of this clause 12, DUPL shall not in any circumstances be liable to you for any loss or damage suffered by you in connection with this Agreement and its subject matter howsoever arising, and whether the same arise in contract, tort (including without limitation negligence) or otherwise, including without limitation any claim that you may make for :

(1) personal injury or bodily harm;
(2) damage to property;
(3) special damages;
(4) loss of profits;
(5) loss of anticipated savings;
(6) loss of goodwill;
(7) loss of data; and
(8) loss of business opportunity.

    1. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, the Application; or
      2. use of or reliance on any content displayed on the Application.
    2. Please note that we only provide the Application for domestic and private use. You agree not to use the Application for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or event that may infect or otherwise damage your computer equipment, computer programs, data or other proprietary material due to your use of the Application or to your downloading of any content on it, or on any website linked to it.
    4. We assume no responsibility for the content of websites linked on the Application. Such links should not be interpreted as endorsement by DUPL of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
    5. No matter how many claims are made and whatever the basis of such claims, DUPL’s maximum aggregate liability to you under or in connection with this Agreement in respect of any loss not excluded by it shall not exceed a sum equal to £500.
    6. Nothing in these terms of use shall affect your statutory rights against a Professional.
  1. Uploading Content To The Application
    1. You warrant that you are entitled to upload such content and any such contribution does comply with the standards set out in clauses 10 and 11, and you will be liable to us and indemnify us for any breach of those warranties. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
    2. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user on the Application.
    3. The views expressed by other users on the Application do not represent the views, opinions or values of DUPL.
    4. This clause 13 does not apply to medical records, data and information that you supply to Professionals. All such information will be treated as sensitive personal data in accordance with DUPL’s Privacy Policy.
    5. Where you use the Application to supply data or information to DUPL, or for use by a Professional, you accept that successful transmission of such information or data cannot be guaranteed and that DUPL shall not be liable for any such failure. Likewise, you accept that the quality and accuracy of such information or data shall be solely your responsibility and that neither DUPL nor any Professional shall be liable for any inaccuracies or other defects in the information or data which you submit.
  2. Prohibited Uses
    1. You may use the Application only for lawful purposes. You may not use the Application:
      1. in any way that breaches any applicable local, national or international law or regulations;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. for the purpose of harming or attempting to harm minors in any way;
      4. in any way that might, or is intended to, cause distress, alarm, irritation or disruption to any third party;
      5. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (as set out in clause 17, below); or
      6. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
    2. You also agree:
      1. not to reproduce, duplicate, copy or re-sell any part of the Application in contravention of the provisions of these terms of use; and
      2. not to access without authority, interfere with, damage or disrupt:
        1. any part of the Application;
        2. any equipment or network on which the Application is stored;
        3. any software used in the provision of the Application; or
        4. any equipment or network or software owned or used by any third party.
  3. INTERACTIVE SERVICES
    1. We may from time to time provide Interactive Services on the Application, including, without limitation, the submission of customer reviews (the “Interactive Services”).
    2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered.
    3. We do not oversee, monitor or moderate any interactive service we provide on the Application, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards.
    4. The use of any of our Interactive Services by a minor is subject to the consent of its parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.
    5. Where we provide an interactive service, please contact us using the link(s) provided should a concern or any difficulty arise in respect of any content displayed therein.
  4. CONTENT STANDARDS
    1. These content standards apply to any and all material which you contribute to the Application (Contributions), and to any Interactive Services associated with it.
    2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
    3. Contributions must:
      1. be accurate (where they state facts);
      2. be genuinely held (where they state opinions); and
      3. comply with applicable law in the UK and in any country from which they are posted.
    4. Contributions must not:
      1. contain any material which is defamatory of any person;
      2. contain any material which is obscene, offensive, hateful or inflammatory;
      3. promote sexually explicit material;
      4. promote violence;
      5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      6. infringe any copyright, database right or trade mark of any other person;
      7. be likely to deceive any person;
      8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      9. promote any illegal activity;
      10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
      11. be likely to harass, upset, embarrass, alarm or annoy any other person;
      12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
      13. give the impression that they emanate from us, if this is not the case; or
      14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
    5. You hereby warrant, represent and undertake that, in relation to all Contributions, you have either sole ownership of all intellectual property rights in such Contributions in each jurisdiction from which the Application may be accessed and/or have obtained full and effective licence(s) from all relevant third parties allowing you to make such contributions and permit their dissemination worldwide by us.
  5. Suspension and Termination
    1. Your failure to comply with the clauses of this Agreement may result in our taking all or any of the following actions being taken by DUPL:
      1. immediate, temporary or permanent withdrawal of your right to use the Application;
      2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Application;
      3. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      4. further legal action against you; and
      5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    2. We exclude liability for actions taken in response to breaches of this Agreement. The responses and actions described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
  6. Viruses
    1. We do not guarantee that the Application will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Application. You should use your own virus protection software.
    3. You must not misuse the Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Application, the server on which the Application is stored or any server, computer or database connected to the Application. You must not attack the Application via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Application will cease immediately.
  7. Linking to the Application
    1. You may link to our Application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    3. You must not establish a link to the Application from any website that is not owned by you.
    4. The Application must not be framed on any other site, nor may you create a link to any part of the Application other than the home page.
    5. We reserve the right to withdraw linking permission without notice.
    6. If you wish to make any use of content on the Application other than that set out above, please contact support@DUPL.me
  8. Third Party Links and Resources in the Application

Where the Application or messages contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Events Outside our Control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of use that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 25.2.
    2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under these terms of use our obligations under these terms of use will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
  2. Applicable Law
    1. If you are a consumer, please note that these terms of use, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
    2. If you are a business, these terms of use, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
  3. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to learn of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded or supplemented by provisions or notices published elsewhere on the Application.

  1. Your concerns

To contact us, please email hello@DUPL.me