Burner Terms and Conditions

  1. These Terms
    1. What these terms cover. These Love The Burn – Burner Terms and Conditions (the Conditions) govern our provision of goods, services and digital content to you and your participation in the LTB Scheme, as defined below.
    2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss.
  2. Information about us
    1. Who we are. We are Love The Burn Limited, whose registered office is at 5 Wood View Mews, Romford, Essex, United Kingdom, RM1 4PN with company number 10332136, referred to as “LTB“.
    2. How to contact us. You can contact us by emailing our customer service team at hello@lovetheburn.com
    3. How we may contact you. If we have to contact you we will do so through the LTB App or by telephone or email, using the details you provided on Registration.
    4. In these Love The Burn – Burner Terms and Conditions (the Conditions), unless the context otherwise requires, capitalised terms and expressions have the meaning given to them where they are first defined in these Conditions and in particular:
  3. Data Protection Law means any laws or regulations in the United Kingdom governing the control and/or processing of personal data including but not limited to the Data Protection Act 1998;
    Deal means an offer by a Trainer to provide Services at a specified time and location (or within a radius of a specified location) and for a specified price;
    Deal Price means the offered price for a Deal;
    LTB App means our website (www.lovetheburn.com) application and any related native mobile applications, systems and processes to facilitate access to, and participation in, the LTB Scheme;
    Termination Date the date upon which your account in the LTB Scheme terminates for whatever reason; and
    Trainer means an individual personal trainer who has agreed to perform the Services and participate in the LTB Scheme.
  4. Contracting arrangements
    1. Acceptance of these Conditions. You are required to accept these Conditions in full when you register your account in the LTB App. From time to time we may need to amend these Conditions and you will be asked to accept the amended terms before continuing use of the LTB App.
    2. Contractual arrangements with Trainers. The LTB Scheme provides a platform for you to find personal training services according to search criteria specified by you. Trainers are self-employed or employed by third party companies and do not work for us. When you accept a Deal (as set out below), you are entering into a binding contract for the performance of the Training Services with the applicable Trainer. Your contract with the Trainer for the Training Services shall be governed by the Training Services Terms and Conditions.
    3. We are not liable for the performance of the Training Services. Please pay particular attention to the following:
      1. the Training Services shall be provided to you by the Trainer(s) who shall be responsible for the performance of the Services to you and all related obligations;
      2. we shall collect payment of the Deal Price from you and we shall transfer the Deal Price to the Trainer only after satisfactory performance of the Training Services.
    4. Trainers cannot bind us. The Trainers are independent contractors and are not our employees, directors or officers. They are not authorised to bind us in any way.
  5. Burner Registration
    1. Secure log-in. As part of the Website registration process, you will be prompted to create a secure log-in. You shall ensure that your log-in is personal to you and must not be shared with any other person. You shall be responsible for any activity or purchases in the LTB App taken using your secure log-in, unless the usage has arisen through our fault or negligence. We shall be entitled to suspend your account if we reasonably believe that your log-in has been transferred or shared with anyone else.
    2. Your account in the LTB App. You need to create an account and profile in the LTB App before accessing Deals. When you create your account you must provide complete and accurate information as requested in the registration screens. You’ll need to review and maintain your account details as required for as long as you maintain a live account in the LTB App, to ensure that your details are accurate and complete at all times.
    3. Health questionnaire. You will need to complete a health questionnaire during registration. We ask you to complete this questionnaire as accurately and completely as possible. This will be provided to Trainers that you have selected to receive Training Services from to inform them of any matters which they should take into account in determining that whether the proposed training is suitable from a health and safety perspective.
  6. VIewing and Accepting Deals
    1. Viewing Deals. Once registered and for as long as you maintain an active account, you shall be able to view Deals in the LTB App. You may search for Deals by specifying a training location, time and training style the Website shall present all open Deals matching your search criteria.
    2. Accepting Deals. Deals returned in a search may be withdrawn by the Trainer or accepted by other Burners between the time you run the search and attempt to accept a Deal. As a consequence, your ‘acceptance’ of a Deal in the LTB App is deemed to be an offer by you to purchase the Deal in question. If the Deal is still available for acceptance at that point, we shall take the Deal Price from your specified payment method and, assuming payment is successful, confirm that you have purchased the Deal. At this point, a binding contract shall come into force between you and the applicable Trainer on the Training Services Terms and Conditions. If the Deal is no longer available or your payment method is declined, you shall be notified accordingly and no binding agreement in relation to the Deal shall be formed.
    3. Paying for Deals. In order to accept a Deal, you must pay the Deal Price in full in advance, following the prompts in the payment screens of the LTB App. Initially, payments will be accepted by credit or debit cards or Paypal. Other payment types may be added to the LTB App in the future. If you accept a Deal you will have a specified period of time in which to make the payment in full, before the Deal is released for other Burners to purchase.
    4. Access to your data. The applicable Trainer will be provided with access to your training preferences and objectives data and health questionnaire for each Accepted Deal. The Trainer shall take the details into account when performing the Training Services. The Trainer shall not make any notes or copies of your data or seek to transfer it or any copies or extracts out of the LTB App.
  7. Training Services
    1. Deal locations. Deals shall specify a location at which the training is to take place, or a radius in which the Trainer is willing to travel to in order to provide the training services. The location shall be agreed and/or confirmed between you and Trainers on acceptance of a Deal.
    2. Arrival at location. You shall arrive at the training location in sufficient time for the training services to commence at the specified Deal start time. The duration of the training services shall not be extended if you are late.
    3. Your health during a training session. You must inform the Trainer if at any time during the training services you believe that you are not safely able to perform or continue the training. The Trainer may immediately amend, suspend or terminate training services if he or she reasonably considers, or you report, that:
      1. you are not safely able to perform the training, you are experiencing pain or risk injury; or
      2. the Training Location is not suitable or safe for physical training and the specific Services to be performed (including where the Training Location becomes unsuitable during the course of the training due to outside influence including weather or third parties).
    4. If you have any concerns with the performance of services. If some or all of the training services are not performed in accordance with these Conditions or the Training Services Terms and Conditions, you must notify us within 7 days of the agreed start time of the Deal in question. We shall make such enquiries as we consider appropriate. We may, at our discretion, authorise and effect the refund of the applicable Deal Price in whole or in part. We shall not authorise a refund and we may suspend or terminate your Burner Profile and account if we reasonably consider or suspect that your claim is not made in good faith.
  8. Deal Price
    1. Amount to be paid. The Deal Price represents the entire amount that you may be charged for an Accepted Deal. The Deal Price shall be taken by us on behalf of the Trainer, using the appropriate screens on the LTB App. You will not be required to pay any sums directly to Trainers in respect of Deals purchased using the LTB App. The Deal Price shall be inclusive of any VAT or other taxes and expenses (including venue hire if this has been arranged by the Trainer).
    2. If you arrange the training location. If you specify the location of the training services, you shall be responsible for obtaining the necessary access, consents and permissions for the training services to be performed at the location and you shall be liable for any associated costs or expenses.
    3. Change of mind. You have 14 days after the day we confirm to you that you have purchased a Deal in which you may cancel your acceptance. However, once the training services have been commenced or performed in full, you cannot change your mind. If you cancel after the services have started, you must pay for the training services in full.
  9. Access to the LTB App
    1. Your equipment. You are responsible for acquiring such equipment and software as are necessary to access the LTB App according to the technical requirements available on the LTB App or available upon request. We shall not be liable for, and you shall not be entitled to any discount, refund, fees or expenses in respect of, any period where you are unable to access the LTB App by reason of your to satisfy or maintain the technical requirements.
    2. Suspicious activity on account. We may require that your log-in is withdrawn, reset or amended from time to time if we reasonably suspect any misuse or suspicious usage or if such actions are required to improve the security of the LTB App.
    3. Privacy policy. The LTB App and your use of it are also subject to the LTB’s Privacy Policy, which must be accepted during registration and which may be amended from time to time (subject to notification to you).
  10. Acceptable use restrictions
    1. You must not:
      1. use or participate in the LTB App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the systems;
      2. infringe our intellectual property rights or those of any third party in relation to your use of the LBT App;
      3. transmit any material that is defamatory, offensive or otherwise objectionable in the course of or in relation to its use of the Website; or
      4. use the LTB App in a way that could damage, disable, overburden, impair or compromise the systems or their security or interfere with other users.
    2. Our right to suspend. We may suspend your Burner Profile at any time if we reasonably consider that you have breached or may breach Condition 9.1 or if we consider that your participation risks bringing us and/or the LTB App and brand into disrepute.
  11. OUR RIGHTS TO MAKE CHANGES 
    1. Minor changes to the LTB App. We may change the LTB App:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the LTB App.
    2. More significant changes to the LTB and these Conditions. In addition, we may make changes to these Conditions or the LTB App, but if we do so we will notify you and you may then contact us to end your account before the changes take effect.
    3. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
  12. Confidential information
    1. Duty of confidentiality. We and the Trainers will not disclose your personal data or other confidential information to any person, save as is set out in these Conditions and/or as is required in order to perform the services.
    2. Exception to the duty of confidentiality. The restrictions contained in this Clause 10 will not apply to any confidential information which:
      1. is or becomes public other than through a breach of these Conditions, or
      2. is for any use or disclosure authorised by us or required by law.
  13. Intellectual property
    1. Retention of intellectual property rights. Any and all intellectual property rights in the LTB App and all related goodwill, know-how and other proprietary rights are and shall remain the absolute exclusive property of us and/or our licensors (as the case may be).
    2. Grant of licence. We grant you a non-exclusive, non-transferable, non-sub-licensable, revocable licence during the period you have an active user account to access and use the LTB App as necessary to enable you to participate in the overall LTB scheme.
  14. Data protection
    1. Data protection obligation. We and the Trainers will comply in all material respects with the requirements of the Data Protection Laws in relation to the management or protection of your personal data (Personal Data) in the provision of the LTB App and the training services and, in particular, we and the Trainers will:
      1. use your Personal Data only in so far as is necessary for the purpose of delivering the LTB App and the carrying out the training services; and
      2. not disclose your Personal Data to any other third parties unless specifically authorised by you to do so.
    2. Appropriate measures. We and the Trainers will implement and maintain appropriate technical and physical measures against unauthorised and unlawful processing of Personal Data and against accidental loss and destruction of or damage to your Personal Data in our possession or control. You acknowledge and accept that no computer or communication system can guarantee the absolute the safety of your Personal Data.
    3. Authorised processing. You hereby consent to us processing your Personal Data as necessary to enable your use of the LTB App and including but not limited to the transfer of such data to Trainers following acceptance of a Deal. We shall comply with the Data Protection Laws in the processing of your personal data.
  15. Indemnity and limitation of liability
    1. We are not liable for the training services. The training services are provided to you by the Trainers under a contract between you. Accordingly, we accept no liability to you in respect of the acts or omissions of the Trainers. In the event of any injury, damage to property or other loss or damage that you incur due to the act or omission of a Trainer, you shall be entitled to enforce your rights at law and under the Training Services Terms and Conditions directly against the Trainer.
    2. Exclusion of certain types of loss. You may not recover from us or Trainers, in contract or tort or otherwise, any indirect or consequential loss including but not limited to loss of profit or damage to goodwill, whether or not the likelihood of such loss or damage was contemplated.
    3. Liability cap. Our liability to you in respect of breach of contract or breach of duty or fault or negligence or otherwise whatsoever arising out of or in connection with these Conditions (including any liability arising out of the acts or omissions of Trainers) shall be limited in total to £5,000, to cover claims of any sort whatsoever (excluding interest and costs) arising out of or in connection with these Conditions.
    4. Losses which are not covered by the liability cap. The limitations in this Clause 14 will not apply to any liability (including vicarious liability) for death or personal injury or arising as a result of fraud nor to any liability which cannot lawfully be excluded or limited.
    5. Defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
    6. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  16. Termination
    1. Termination for convenience. Either of you or us may terminate your account in the LTB App at any time. Following termination, the terms of this agreement which by their nature continue beyond termination of the account shall continue in force and effect. You may terminate your account using the LTB App or by writing to us at hello@lovetheburn.com
    2. Termination for cause. Either of us or you (‘the Terminating Party’) may terminate this agreement with immediate effect with no further obligation to make any payment or repayment to the other party (other than in respect of amounts accrued prior to the Termination Date) by written notice to the other party, if, at any time, the other party (‘the Defaulting Party’):
      1. commits any serious or repeated breach or non-observance of any of the terms of this agreement; or
      2. is in the reasonable opinion of the Terminating Party grossly negligent or incompetent in the performance of the Services; or
      3. commits an act of fraud or dishonesty or a breach of a fiduciary duty whether relating to the Terminating Party or otherwise or acts in any manner which in the reasonable opinion of the Terminating Party brings or is likely to bring the Terminating Party into serious disrepute or is materially adverse to the interests of the Terminating Party; or
      4. has a bankruptcy order made against it or enters into any voluntary arrangements with its creditors such that in the reasonable opinion of the Terminating Party the Defaulting Party is no longer suitable to provide the Services.
    3. Consequences of termination. In the event of termination for any reason, any Accepted Deals scheduled for after termination shall be cancelled. If you are entitled to terminate this agreement for a reason listed in clause 14.2, you shall be entitled to a refund of the Deal Price paid in respect of Accepted Deals scheduled for after termination; no refund shall be provided in any other case.
  17. IF THERE IS A PROBLEM WITH THE SERVICE
    1.  How to tell us about problems. If you have any questions or complaints about the product, please contact us. You write to us at hello@lovetheburn.com
    2. Summary of your legal rights. We are under a legal duty to supply services that are in conformity with these Conditions. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
  18. Summary of your key legal rights

    This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

    If your product is digital content, for example a mobile phone app, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.

    • if your digital content is faulty, you’re entitled to a repair or a replacement.
    • if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
    • if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

    If your product is services, for example, the Consumer Rights Act 2015 says:

    • you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
  19. Assignment/sub-contracting
    1. We may transfer the agreement or your rights to someone else. We may assign, delegate, sub-contract or otherwise transfer our rights and obligations under these Conditions to any affiliated or group company or to any company with which it may merge or to any company to which it may transfer its assets and undertakings, provided that it gives prior written notice to the Trainer.
    2. You may not assign or sub-contract any of your rights or obligations under this agreement.
  20. Notices 
    1. Notice in writing. Any notice, consent or confirmation to be given under this agreement must be in writing and must be served by sending through the Website.
    2. Deemed service. Any such notice will be deemed to have been received at the time of delivery if during business hours on a business day, otherwise on the next business day.
  21. General
    1. This agreement constitutes the entire and only legally binding agreement between the parties relating to your participation in the LTB Scheme and supersedes any previous understandings, arrangements, representations, negotiations or agreements between us.
    2. Each party irrevocably and unconditionally waives any right it may have to claim damages for, and/or to rescind this agreement because of breach of any warranty not contained in this agreement, or any misrepresentation whether or not contained in this agreement, unless such misrepresentation was made fraudulently.
    3. The parties acknowledge that this agreement has not been entered into wholly or partly in reliance on, nor has either party been given any warranty, statement, promise or representation by the other or on its behalf and other than as expressly set out in this agreement.
    4. We may vary the terms of this agreement (or any component of it) from time to time during the Term. We shall notify any such variation to you using the LTB App. Your continued participation in the LTB Scheme after any such notification shall constitute your deemed acceptance of the amended Agreement. No variation (by you) to or waiver (by either party) of a term of this agreement will be effective unless made in writing signed by or on behalf of the parties and expressed to be such a variation.
    5. No failure or delay by the parties in exercising any remedy, right, power or privilege under or in relation to this agreement will operate as a waiver of that or any other right, power, remedy or privilege.
    6. If any provision of this agreement is declared to be illegal, invalid, void or unenforceable by any judicial or administrative authority in any jurisdiction in which this agreement is effective, the legality, validity or enforceability of the remaining provisions will not in any way be affected or impaired by such a declaration. Any such illegal, invalid, void or unenforceable provision will be deemed to be severable and the parties will each use their reasonable endeavours in good faith to modify this agreement so that the intent of this agreement can be legally carried out.
  22. Applicable law and jurisdiction
    1. Law and courts. The validity, construction and performance of this agreement and any claim, dispute or matter arising under or in connection with it or its enforceability will be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably submits to the jurisdiction of the courts of England over any claim, dispute or matter arising under or in connection with this agreement or its enforceability or the legal relationships established by this agreement.