TERMS AND CONDITIONS

1. INTRODUCTION

1.1.   These General Terms and Conditions apply between Trifinity Training KB (Company registration number FO 2621490-4) and a physical or juridical person (“Customer” / “Employer” / “Employee”) when purchasing and / or using Trifinity Training KB’s services and / or products. These terms and conditions also apply, where relevant, to subscribers of Trifinity Training KB’s newsletter.

1.2.   Trifinity Training KB and the Customer are referred to jointly as “The Parties” and separately as “The Party”.

1.3.   These terms refer to “we”, “us”, “our “,” Trifinity Training “, meaning Trifinity Training KB.

1.4.   By purchasing / using our services and / or products, the Customer agrees to the following General Terms and Conditions. Under these General Terms and Conditions, that which applies to “The Customer” also applies to “Employees” and “Employers” where relevant.

2. DEFINITIONS

Digital Content:
Refers to for instance, but not limited to, our e-books, personalized exercise and diet plans and various downloadable programs.

Materials:
By our “Materials” we mean: our e-books, exercise and diet programs, diet plans, posts and blog posts that are published on our Website and in other media channels such as social media (Facebook, Instagram, YouTube, LinkedIn, Twitter etc.), texts, concepts, images and other content in our services / products, social media or Website.

Personal Data:
Any personal data that can be associated with a physical person. Typical personal information include social security number, name and address.

Personal Data Processing:
A measure or combination of measures taken in relation to personal data. For example, registration, storage, organization, collection and more.

Registered:
The physical person who, directly or indirectly, can be identified through the Personal Data.

Website:
www.trifinitytraining.com / www.trifinitytraining.fi

3. GENERAL INFORMATION ABOUT OUR SERVICES AND PRODUCTS

3.1.   We sell services and products intended for private individuals over the age of 18 years. All our services and products are intended for private use and may not be disseminated for commercial purposes. We do not provide medical advice.

3.2.   We also offer specially designed services (e.g. awaydays and lectures) and training groups intended for companies in the form of corporate wellness. These services can be ordered by Employers. The service / program that the Employer buys, which we tailor to a group or individual Employees, is intended for Employees’ private use. The Employer may not use or distribute purchased services / products for commercial purposes.

3.3.   Individuals who are not of legal age can enter into an agreement with us, provided that a legal guardian enters the agreement. The guardian will then become legally responsible for fulfilling the obligations of the agreement.

3.4.   We do not offer voluntary right to withdraw, right to exchange or open purchase when purchasing our services or products, beyond statutory consumer rights.

3.5.   All orders for our services or products include a payment obligation. When the Customer places an order or makes a purchase via the Website, the Customer agrees to what is written in the product description and to these contract terms, delivery terms, product prices and potential delivery costs. If the Customer submits an e-mail address in connection with the order, an order confirmation will be sent by e-mail. The order confirmation will show the services / products ordered and the price.

4. CUSTOMER OBLIGATIONS AND RESPONSIBILITIES

4.1.   The Customer must follow our instructions given in connection with the purchase of the selected service and / or product and must comply with the stipulations of these General Terms and Conditions.

4.2.   The Customer must provide all necessary information to enable us to carry out our commitments and to fulfil our agreement with the Customer. The Customer must notify us without undue delay of any change of contact details or payment details.

4.3.   The Customer is responsible for ensuring that his or her health condition is such that the Customer can participate without risk in the completion of the purchased service and / or use purchased products and follow the instructions. The Customer is responsible for maintaining a general health condition that allows physical exercise and activity without the risk of ill health or injury. This applies to the purchase of all products and services that we provide.

4.4.   The Customer is responsible for his or her own health condition as well as injuries, their treatments and any potential changes in his or her health condition. The Customer is responsible for contacting a doctor or health professional, if the Customer is unsure whether he or she can or should use our services and / or products.

4.5.   The Customer is solely and fully responsible for his or her decisions and actions, and the consequences thereof, including any failure to act. We cannot be held responsible for how the Customer chooses to assimilate the information we offer.

4.6.   The Customer is responsible for his or her own safety in connection with visits to and activities in gyms. The Customer is well aware that visits to and activities in gyms constitute an environment where risk factors can occur.

4.7.   The Customer is responsible for performing the activities according to the diet and exercise instructions correctly.

5. TERMS & CONDITIONS FOR PT-SESSIONS

5.1.   The Customer is responsible for using their purchased training sessions with a Personal Trainer (PT-Session) within the agreement period. The agreement is personal and cannot be transferred to any other person, unless expressly agreed with Trifinity Training.

5.2.   The Customer is responsible for following the Personal Trainer’s directions and instructions regarding training methods and handling of training equipment given in connection with the PT-Session. The Customer is responsible for ensuring that the exercises are performed using the correct techniques according to the directions and instructions.

5.3.   Cancellation of a booked PT-Session must be made no later than 24 hours before the agreed time. If cancellation is made later than 24 hours before the agreed time, we have the right to charge the full fee and the session is considered used.

5.4.   If the Customer does not show up to a booked PT-Session, and a correct cancellation has not been made, we have the right to charge the full fee and the session is considered used.

5.5.   For personal training for two (2) people (DUO PT-Session), where only one person participates in the training event, the session is considered used by both registered persons.

5.6.   In case of a Customer’s late arrival at a booked PT-session, the lost time is considered to be spent and the Customer is entitled only to the remaining time of that training session.

5.7.   We cannot guarantee that the Customer has the same Personal Trainer / Coach throughout the term of the agreement and a change of Personal Trainer / Coach does not result in the right to a refund, compensation or the like.

5.8.   The Customer is solely responsible for his or her health and for ensuring that his or her health condition is such that training with a personal trainer / coach can be carried out without risk.

5.9.   The Customer is responsible for his or her own personal property, including but not limited to: clothing, possessions or equipment. We cannot be held responsible for lost or damaged private property or the like.

5.10.   The Customer must comply at all times with current safety and well-being guidelines at the gym facilities.

5.11.   We reserve the right to make changes to scheduled training. We also reserve the right to permanently terminate the collaboration with a particular gym where the service is provided. Such changes do not result in the right to a refund, compensation or the like. Instead, the service will be offered at another gym.

6. TERMS & CONDITIONS FOR ONLINE COACHING

6.1.   We offer online coaching in the form of individual online coaching / service or online coaching / service in groups, such as our “Back in-shape” group.

6.2.   The Customer must apply for membership to our groups and / or online coaching by answering and submitting our application form. The Customer must provide correct information that we require about his or her health condition, and otherwise provide correct contact information.

6.3.   After payment and approved membership, the Customer is granted access to the online group / service.

6.4.   Online coaching takes place remotely via digital devices and media channels, for example via telephone and computer.

7. TERMS AND CONDITIONS FOR PURCHASE OF DIGITAL CONTENT AND OTHER MATERIAL AND VARIOUS DOWNLOADABLE PROGRAMS

7.1.   Terms of Delivery for the purchase of Digital Content: Delivery of Digital Content (such as e-books and directly downloadable programs) happens immediately when payment is made through our Website. If payment is made via invoice by agreement with Trifinity Training, for example, because the Customer wants to pay for the Digital Content by invoice, Trifinity Training will send the ordered Digital Content via email when payment has gone through.

Custom made training-, nutrition-, and other programs/plans are usually delivered within 1-3 days after the Customer has filled in the necessary questionnaires and the payment for the service has gone through. Delivery times can also be arranged in agreement with the Customer. In such cases, the Customer will be notified of the timetable before the purchase of the service is completed. Various periods where we may have tight schedules may mean that we need longer to prepare the ordered program.

7.2.   Right to withdraw: The Customer is hereby informed that the right to withdraw does not apply when purchasing Digital Content via the internet, such as our e-books, exercise programs, diet plans etc. More information on the right to withdraw is found in clause 11.

7.3.   Our services and products may only be used by the Customer for the Customer’s private use and must therefore not be transferred or used by anyone else or for commercial purposes. It is considered to be an infringement of intellectual property rights and a material breach of contract to violate this clause.

7.4.   The information on our Website, our Materials and Digital Content are protected by applicable copyright law. The Customer hereby vows not to reproduce, retransmit, disseminate, sell, distribute, duplicate, publish, print, circulate or commercially exploit our services and / or products in any way.

7.5.   Unauthorized use includes anything other than personal use. It is prohibited to use our Materials and / or Digital Content in organizations or societies, in business activity, as lecture material or for resale or other commercial purposes. It is considered a material breach of contract to violate this clause. In case of breach of contract, we reserve the right to take legal action as a result of the breach of contract. More information on this can be found in clause 15.

7.6.   To reproduce, retransmit, disseminate, sell, distribute, duplicate, publish or commercially exploit the Material sent by us to subscribers of our newsletter, is also considered unauthorized use. Such Material is created for our subscribers and access to the Material is provided only through subscription to our newsletter. Subscribers to our newsletter are therefore obliged to follow the above conditions.

7.7.   Claims and complaints: More information about claims and complaints can be found in clause 12.

8. LIMITATION OF LIABILITY AND DISCLAIMERS

8.1.   We are not responsible for any potential medical problems or injuries resulting from the use of our services or products. We are not responsible for any injuries or losses incurred by the Customer due to improper use, incorrect execution or the like.

8.2.   We are not responsible for any delays or errors as a result of incomplete or incorrect information submitted by the Customer.

8.3.   We are not in any way responsible for injury caused by the Customer’s failure to implement the service in the manner required. We also cannot be held responsible for accidents or injuries caused to the Customer during his or her visits to gyms, or otherwise in relation to the execution of activities, regardless of what the injury is due to or how it occurs.

8.4.   We do not accept liability for any injury or loss caused by the Customer’s actions or failure to act.

8.5.   The Customer uses our services and / or products under his or her own responsibility. The Customer enlists us at their own risk and of their own free will.

8.6.   We hereby disavow, to the extent permitted by applicable law, all liability for direct and indirect injuries and / or losses, or injuries that have occurred to the Customer or to any third party in connection with the use of, or obstacles to the use of our services or products, regardless of how the injury occurred and regardless of whether the injury was caused by negligence, breach of contract or otherwise. This limitation of liability does not change or limit the Customer’s rights as a consumer and does not exclude or limit liability to such extent that is impermissible by applicable law.

8.7.   By purchasing our services and / or products, the Customer agrees that we do not make any pledges or give any guarantees, either expressly or implied.

9. PRICES AND TERMS OF PAYMENT

9.1.   Prices for our services and products are stated at the time of ordering. All prices are quoted including VAT. We have the right to change one-off fees, monthly fees, annual fees and other fees / prices on an ongoing basis. However, changes to monthly fees / annual fees will only apply after the end of the currently binding period.

9.2.   Payment is made via invoice or through our current Website payment service provider (PayPal / Bambora). More information about payment services can be found in clause 10.

9.3.   The Customer must raise any issues relating to an invoice within 30 days. If this does not happen, the right to query the invoice is forfeited. In case of non-payment or late payment, we reserve the right to charge 8% penalty interest. We also have the right to charge a €5 reminder fee, as well as statutory delay- and collection fees.

9.4.   If the Customer does not pay after receiving a reminder, we have the right to transfer the debt to a collection service.

9.5.   If the Customer does not pay on time, we also have the right to cancel the agreement until full payment is made. If the Customer’s payment is overdue more than 30 days after we have sent a reminder, we have the right to terminate the agreement in writing with immediate effect. If we terminate the agreement ahead of time due to the Customer’s overdue payment, we are entitled to compensation and damages.

10. WEBSITE PAYMENT SERVICES

10.1.   Payments through the Website are handled by Bambora PayForm (Paybyway Oy, Company registration number FO 2486559-4), which is listed in the register of payment service providers monitored by the Finance Inspectorate. Through the PayForm service, buyers can pay with online bank codes, bank payment cards (credit / debit), invoice, mobile payment or part payment.

10.2.   Buyers can choose from the following payment methods: Andelsbanken, Nordea, Danske Bank, Oma Säästöpankki, Sparbanken, Aktia, POP Banken, S-Banken, Handelsbanken, Ålandsbanken, Visa-, Visa Debit-, Visa Electron-, MasterCard- and Debit MasterCard cards as well as Jousto, Everyday and Euroloan.

10.3.   Bambora PayForm payment service contact information: Bambora PayForm, Paybyway Oy (FO number 2486559-4), Email: payform@bambora.com, Phone: 029 300 5050 (weekdays 9:00-16:00), Postal Address: Laserkatu 6, 53850 Villmanstrand.

10.4.   Payments and purchases through the payment service Bambora are handled by their online service. The Payee appearing on bank statements is Bambora or Paybyway Oy. The purchase is between the Customer and Trifinity Training. Payments are secure, since all details of the transaction are transmitted via an encrypted connection. Read more about Bambora: https://www.bambora.com.

10.5.   MobilePay: Buyers can pay with MobilePay Wallet if the buyer has allowed online payments in the MobilePay application settings. Payment via MobilePay is made directly from the payment card connected to MobilePay. If debiting the payment from the linked card fails, MobilePay cannot be used in the online store.

10.6.   Payments through the Website can also be handled through the PayPal payment service. All processing and storage of card- and payment information as well as other information specified at the point of payment is handled by the payment provider PayPal. With a PayPal account, the buyer will easily be able to pay using only their email address and password, without having to give card details. If the buyer does not already have a PayPal account, the buyer can create one directly via the PayPal website. Read more about PayPal terms and conditions for buyer protection and reimbursement for potential return costs on paypal.se. We do not charge a fee for payment with PayPal. More information about PayPal’s general terms and conditions can be found at the following link: https://www.paypal.com/se/webapps/mpp/ua/useragreement-full#general-prov.

11. RIGHT TO WITHDRAW WHEN SHOPPING ONLINE

11.1.   By law, individuals are entitled to change their minds over purchases made via the internet (distance selling). The purchase of goods is subject to a cooling-off period of 14 days after receipt of the goods. When purchasing services, the cooling-off period is valid for 14 days from the date the service contract is entered into.

11.2.   However, there are some exceptions which mean that the right to withdraw does not apply. The Customer is hereby informed that the right to withdraw does not apply to the purchase of the following goods and services online:

• • • Purchases of Digital Content via electronic delivery, such as purchase / download via the internet of, for example, but not limited to, our e-books, audiobooks, PDF files, exercise programs, diet plans or streaming of information produced and delivered in digital form, such as our video recordings, texts, e-editions of our magazines or similar.
  • • Purchases of our services that have been carried out entirely at the express request of the Customer, such as PT services / coaching / corporate wellness ordered by the Customer or Employer.

11.3.   Customers who regret a purchase that is subject to the statutory right to withdraw are kindly requested to notify us in writing of requests to exercise the right to withdraw, by sending an e-mail message to info@trifinitytraining.com. Any potential refund is issued without delay and no later than 14 days after the Customer’s notification of a request to use the right to withdraw.

12. CLAIMS & COMPLAINTS

12.1.   Customers who want to make a complaint relating to a purchase must do so within a reasonable time. Claims and complaints must be sent in writing to info@trifinitytraining.com. We shall firstly be given the opportunity to correct or rectify errors or deficiencies. The consumer is entitled to bring any disputes to The Consumer Dispute Board for resolution.

13. DOPING AND DRUGS

13.1.   We strongly oppose the use of doping and drugs and have zero tolerance for such practice. Doping and drugs are absolutely prohibited at the training facilities, our exercise sessions and groups. Neither employees nor Customers may use doping substances. The term doping substances refers to any substance included in the World Anti-Doping Agency (WADA) list of prohibited substances and methods.

14. “TEAM TRIFINITY” FITNESS TEAM MEMBERSHIP

14.1.   Athletes who would like to be part of the competition fitness team “Team Trifinity” can apply for membership via the application form “Apply to Team Trifinity” which can be found under the tab “Team Trifinity” on our website. The head coach, along with other coaches in Team Trifinity, must first approve the athlete, whereupon the athlete and Team Trifinity / Trifinity Training then enter into a special membership contract.

14.2.   The head coach and the coach /coaches introduced on the page “Team Trifinity Athletes & Coaches” are the only ones who have the right to approve and select an athlete for the team. The athlete should submit an application in person to the competition team Team Trifinity to be given the opportunity to join the team. No outside person, coach, personal trainer or partners can, have a right to, can permit, or assume that athletes are given a place to join Team Trifinity, if not at least one of Team Trifinity’s authorized coaches was present at the decision. No one can apply for anyone else and if the applicant for the team has not received a direct answer from any of Team Trifinity’s authorized coaches, the application is not eligible. An athlete cannot receive answers to questions / decisions, regarding matters concerning Team Trifinity, from anyone other than Team Trifinity’s authorized coaches. Contact us at teamtrifinity@trifinitytraining.com if you would like to find out more.

15. INTELLECTUAL PROPERTY RIGHTS

15.1.   All of our Materials and all content on our Website are covered by applicable copyright law. All intellectual property rights, copyright and trademark rights related to the Website, our services and products and Trifinity Training are held by Trifinity Training.

15.2.   The information on our Website, such as pictures and text, as well as our downloadable programs such as e-books, exercise programs, diet programs, etc., are protected by applicable copyright law. The Customer hereby vows not to reproduce, retransmit, disseminate, sell, distribute, duplicate, publish, print, circulate or commercially exploit our services and / or products in any way. Our services and products may only be used for private use and may not be transferred or used by anyone else or for commercial purposes.

15.3.   Unauthorized use includes anything other than for personal use. It is prohibited to use our Materials in organizations or societies, in business activity or for resale or other commercial purposes. Unauthorized use also includes the use of our Materials for educational purposes or lecture material, unless specifically agreed otherwise in writing by Trifinity Training. It is considered a material breach of contract to violate this clause. It is considered a material breach of contract to violate this clause. In case of breach of contract, we reserve the right to take legal action as a result of the breach of contract.

16. WEBSITE

16.1.   We do not guarantee the availability of the Website in cases where this is affected by factors outside our control. We are not responsible for third party applications, plugins, payment features or similar.

16.2.   We reserve the possibility of content errors. Should something appear that could give a wrong impression we will correct the error as soon as we discover it.

16.3.   Nor can we be held responsible for purchases made through our partners, regardless of whether or not The customer was referred there via external links from our Website.

17. PERSONAL DATA PROCESSING

17.1.   We process personal data in accordance with the EU General Data Protection Regulation (GDPR). As a result of the agreement between us and the Customer, we and / or our partners / subcontractors can process personal data relating to the Customer, to the extent this is necessary to enable the delivery of the ordered service or product. In such cases, we are to be considered the Personal Data Assistant to the Customer, and the Customer is responsible for the personal data submitted. We process personal data in accordance with GDPR and are required to take appropriate technical and organizational measures to protect personal information. More information about our personal data processing can be found in our Privacy Policy.

17.2.   We are hereby instructed by the Customer to process personal data in accordance with GDPR and using such means necessary to fulfill all obligations under our agreement with the Customer.

18. CONFIDENTIALITY

 18.1.   Our unique training and diet plans and tips for how to achieve the best possible results that are shared with the Customer, must under no circumstances be shared by the Customer to anyone else, neither during the ongoing contract period, nor after the conclusion of a contractual relationship between us and the Customer. All our training programs, training exercises and anything that relates to instructions that apply to training, exercise equipment and other physical and mental training shall be kept confidential. The Customer undertakes not to disclose or share such information to anyone else or use such information to train anyone else. This also means that no instructions, diet plans or training plans may be disseminated to others, neither through blogs, interviews, other social media or the like. By entering into agreement with us, the Customer agrees to comply with this confidentiality obligation. Violating this confidentiality clause constitutes a breach of contract and may result in legal action.

19. BREACH OF CONTRACT AND COMPENSATION

19.1.   The Customer is obliged to compensate all damages caused to us, including agents’ fees, court costs, penalty fines and any other compensation we may be liable for, as a result of the Customer not complying with these General Terms and Conditions, due to breach of contract, or as a result of the Customer having acted carelessly in other ways. We reserve the right to take legal action and to seek damages for breach of contract.

20. CANCELLATION OF THE AGREEMENT

20.1.   We have the right to terminate the agreement with immediate effect by written email message to the Customer if he or she violates these General Terms and Conditions.

21. FORCE MAJEURE

21.1.   Neither Party shall indemnify the other Party for any damage or financial loss caused by “Force Majeure”, such as for example strike, fire, war, natural disasters or other circumstances beyond the control of the Party or the consequences of which the Party could not reasonably avoid or overcome. In such situations, the Party is exempt from penalty for failure to fulfill its contractual obligations. As soon as the obstacle ceases the obligation shall be fulfilled in the agreed manner.

22. MISCELLANEOUS

22.1.   We reserve the right to change the prices of our services / products from time to time.

22.2.   We also reserve the right to change the terms of these Terms and Conditions at any time. Any changes to these General Terms and Conditions apply to the purchase of services / products that occur after the amended version of the General Terms and Conditions has been published on the Website. The latest version of the General Terms and Conditions is always published on the Website.

22.3.   We reserve the right at any time to change the range of our services / products and the right to cease providing our services / products. Such cessation or change of service that affects a service that a Customer has paid for, will occur after the Customer’s current agreement expires.

22.4.   If any provision of these General Terms and Conditions is found to be invalid, it shall not imply that the conditions in their entirety are invalid. Instead, the Parties shall renegotiate the provision in question.

23. APPLICABLE LAW AND DISPUTE SOLUTION

23.1.   These General Terms and Conditions shall be interpreted in accordance with Finnish law and justice. Disputes arising as a result of the interpretation or application of these terms and related legislation shall in the first instance be attempted to be resolved directly between the Parties. If the Parties cannot agree on an internal settlement, the dispute will be conclusively settled and tried by public court in Finland.