Terms and Conditions of Service 

This website is owned and operated by: Ursula Frawley t/a Move It Fitness with a registered address at: Glencarrig Drive, Firhouse, D24WNV0 Ireland 

By using our website, you confirm that you accept these Terms of Service (“terms”) as binding upon you, including additional terms and conditions and policies referenced herein and/or available by hyperlink, and that you agree to comply with them. If you do not agree to these terms, you must not use our website. 

How Move It Fitness works with Clients 

Hours of Operation

Move It Fitness is open to the public Monday – Friday 9am-5pm 

Contacting Move It Fitness    

Move It Fitness respects that everyone uses different platforms and works different hours. Move It Fitness will review all emails twice a day and respond to any queries within 48 hours Monday to Friday. Any correspondence received through mobile, social media and other platforms will be acknowledged and responded to within 48 hours.  

Storing Personal Data  

Move It Fitness respects confidentiality, transparency, and privacy. Any notes/forms that are completed are kept for two years at the end of the contract and upon this date they will then be deleted. This does not apply to financial transactions which we keep for seven years. The client always has access to their records and can request copies of same under a Data Subject Access Request. Please note that this request should be sent to: info@moveitfitness.ie 

Creating an Online Account 

Move It Fitness allow you to create a membership portal as via the membership platform. Please note that is it your responsibility to make sure this account is accurate and any changes to the personal information stored within the account are solely the responsibility of the account holder. Any accounts that have been inactive for a period of a year will be deleted by Move It Fitness but you can still apply for your data by lodging a Data Subject Access Request by emailing info@moveitfitness.ie 

Membership Plans & Procedures 

Move It Fitness offers a membership plan. This is an ongoing relationship where Move It Fitness offer advice, newsletter and payable on a monthly basis. This is a month-by-month programme and members can withdraw at any time.  

During our group programmes we will have a weekly zoom session. This session may be recorded and shared amongst the members for two weeks and then it is recorded. This recording is private and confidential and is not allowed to be shared outside of this platform.  

Move It Fitness also runs a private Facebook group for the length of time the group programme runs- this is private and confidential and no details are allowed to be shared outside of the Facebook platform. No sharing of images or content is allowed with the permission of Ursula Frawley. Upon completion of that programme the relevant group will be closed and if members choose to connect outside of the group then they are responsible for their own private data. Move It Fitness and Facebook are joint controllers of these groups.  

Archiving Membership Accounts  

Move It Fitness deletes all inactive and cancelled accounts after two years due to inactivity. This is to satisfy our legal and insurance responsibilities.  

Cancellation Policy: 

Payments are taken on a monthly basis. Clients can cancel their membership through the website and once payment has been taken for that month it will last for that length of that month.  

Cooling Off Period  

There is a 14-day cooling off period – this allows clients to cancel their plans in that time frame and get a full refund.  

Programme Content: 

We reserve the right to update or amend our programme content at any time and without notice. Please note that users will have a lifetime access to that course in its current format. If Move It Fitness decide to change or close this course then they will give you 30 days’ notice before it is closed.  

Move It Fitness Obligations 

Move It Fitness takes pride in the services that they offer, and they shall perform the services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice. 

Move It Fitness undertakes to keep confidential all information supplied by you and will not make such information available to any third party without obtaining prior permission 

Confidentiality 

Confidentiality is an essential part of all our services and Move It Fitness will at all times, operate with the highest standard of security and confidentiality. 

Non-Competition 

The education materials supplied by Move It Fitness (including all website content and content supplied at workshops and seminars) are of a confidential nature. From time to time, Move It Fitness may use examples of work they have created or businesses that they have worked with to illustrate educational points. Any attempt by the Customer to enter the markets that Move It Fitness operates in after gaining possession of such educational materials will be classed as entering into competition with Move It Fitness. 

Protection of Intellectual Property 

The education materials supplied by Move It Fitness (including all website content and content supplied at workshops and seminars) are of a confidential nature. From time to time, Move It Fitness may use examples of work they have created or businesses that have worked with to illustrate educative points. Any attempt by the Customer to enter the markets that Move It Fitness operates in after gaining possession of such educative materials will be classed as entering competition with Move It Fitness.   

a) All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the website is owned, controlled, or licensed by or to Move It Fitness 

b) Except as expressly provided in these Terms, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication, distribution or for any commercial enterprise, without Move It Fitness’ express prior written consent.  

Legal Advice  

Move It Fitness reserves the right to consult with their legal advisors in all cases of Court orders for access to personal records and/or all other information requests.  

Move It Fitness Terms & Conditions of Service 

Contract Of Sale 

When you order services from us, the terms in force at the time of your order will apply as the contract of sale between you and us.  This contract of sale begins to be formed between us when we issue an invoice. You shall only become the full owner of the service once we have received full payment for it.   

Indemnification, Liability, And Limitation 

The express terms and conditions of these terms shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law.  Insofar as it is lawful to do so, we do not accept liability of any description including liability for negligence or any damages whatsoever arising out of or in connection with the viewing, use or performance of this website or its contents.  In the event that you reproduce, display, transmit, distribute or otherwise exploit the structure, information, material, or any portion thereof, in any manner not authorised by us, or if you otherwise infringe any intellectual property rights relating to the structure, information, photographs, prints or this website, you unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against any and all losses, expenses, costs or damages, including reasonable lawyers’ fees, incurred by you or others as a result of unauthorised use of the above and/or your breach of these terms.  You unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by us and arising from any claim brought by any third party against us howsoever arising from or in connection with: these terms; the supply of the services and/or digital goods pursuant to the terms; your use of the services and/or digital goods; or your fraud or negligence.  For the avoidance of doubt, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms for any loss of profits, goodwill, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity or anticipated savings; or any indirect or consequential loss.  Without prejudice to other clauses in these terms, our total liability arising under or in connection with these terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price paid for the relevant services that is/are the subject of a claim.   

Errors, Inaccuracies And Omissions 

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated. 

Sales Of Services  

If you are not a consumer, you confirm that you have authority to bind any organisation on whose behalf you use our site to purchase services. We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any services that we offer.  We reserve the right to discontinue any service at any time.  In accordance with other clauses included in these terms, we make no express or implied warranty, representation or undertaking and assume no responsibility concerning the quality, nature, or fitness for purpose of the services.  We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected, unless as required by law.   All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  Prices for our services are subject to change without notice.  We reserve the right at any time to modify or discontinue our services on our website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of such. 

Refunds 

We conform to Irish and EU law and regulations for the purposes of whether or not to accept returns. We deal with cases as they happen on an individual basis.  We encourage you to contact us as soon as possible if you feel that the services/ products provided do not meet your expectations or description provided. Please email us on info@moveitfitness.ie 

Social Media Platforms  

Communication, engagement, and actions taken through external social media platforms that we participate on are custom to the terms as well as the data protection and privacy policies and notices held with each social media platform respectively.  You are advised to use social media platforms wisely and communicate / engage upon them with due care and caution regarding your own privacy and personal details.  We will never ask for personal or sensitive information through social media platforms and encourage you when wishing to discuss sensitive details to contact us through primary communication channels such as by telephone or email.   

Data Protection, Privacy And Security  

Your rights to data protection and privacy, including security over data, are very important to us.  We treat personal data obtained using this website as private and are committed to providing you with secure access to our online service.  This website processes information from you as per our Privacy Statement.  When you, amongst other actions, visit our website, enquire about services or send e-mails to us you understand that subsequent data processing will be done as detailed in our Privacy Statement. 

Governing Law And Disputes  

This website is hosted, controlled, and operated from the Republic of Ireland and therefore governed by Irish law, subject to the terms of Public International Law.  In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, the Irish law will apply and the appropriate courts of the Republic of Ireland will have jurisdiction. 

Variation Of These Terms & Conditions  

We reserve the right to make changes to this website, these terms, and the other information contained in this website at any time and without notice. Please refer to these terms when you visit the website as they may change from time to time. 

Severability 

In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions. 

Waiver 

The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. 

Entire Agreement 

These terms and any policies or operating rules posted by us on this website or in respect to our website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms).  Any ambiguities in the interpretation of these terms shall not be construed against the drafting party. 

Contact Information  

You may contact us by e-mail at the following address: info@moveitfitness.ie 

Contact information published on this website is published for the purpose of users or prospective users contacting us about services offered to them.  This information should not be considered as made manifestly public for the purposes of general marketing contact.