Terms and Conditions

These terms and conditions form the basis of the contract through which the Thehealthfinder Holdings Limited (www.expertrain.com, we or us) will deliver a service to you as an Expertrain member (you).

On becoming a member of the Expertrain team you are automatically agreeing to these terms and conditions and you are providing us with the appropriate consent to handle your personal information in accordance with the Data Protection Act.

Who is the Expertrain?

Expertrain is a database for personal trainers in the UK. Individual personal trainers gain membership of Expertrain through their Level 3 Register of Exercise Professionals accredited personal training qualification, Equivalent Sports Degree.

1. Membership Benefits

Membership of Expertrain will provide you with membership at FREE or Full ‘Premium’ level.

As an Expertrain member you will receive a wide range of benefits. A typical membership package may include:

Full access to the Expertrain website

Personal profile promoted on Expertrain.com as a ‘Premium’ member.

Access to a variety of advice on personal training issues.

Membership packages may vary according to the grade of membership held.

We reserve the right to change the benefits that apply to any Expertrain membership at any time and without prior notice.

Any external providers of a benefit included within your membership package will have absolute discretion in relation to the provision of services, and membership of Expertrain does not guarantee that the external provider will accept an application from a member for the provision of services.

Services supplied from an external provider will be subject to the provider’s own terms and conditions, and we do not accept any liability for loss or damage suffered as a result of a fault, error or omission in the provision of these services.

We reserve the right to change our external providers without prior notice and our decision on services provided is final.

2. The Membership Contract

When you click to submit your application online and you provide us with details of your qualifications to support your application, you are making an offer to subscribe to the Expertrain which, if accepted by us, will result in a legally binding contract.

At the point of renewal of your membership, your renewal payment is confirmation of the continued acceptance of this contract. You may not transfer any of your rights and obligations under these terms and conditions to another person.

3.  30 Day Free Trial

We offer a 30 day free trial for new members, effective from the day your application is accepted. We allow you to cancel your subscription at anytime within the 30 days at no cost. After the 30 day free trial your membership with Expertrain will automatically begin and your monthly fees will start.

4. Right to Refuse Applications

We reserve the right not to fulfil, or to cancel, your application if we are unable to obtain payment authorisation from the issuer of your card or from your bank.  If you have been convicted of a criminal offence which is not yet spent, or have a prosecution pending, this must be declared.

If you are accepted into membership, but it subsequently turns out that any or all of the information provided by you was misleading or false, we reserve the right to revoke the membership with immediate effect, without the right of appeal.

5.   Force Majeure

Neither party shall be liable to the other for any delay or non performance of its obligations by reason of matters beyond its control including, but not limited to, any act of terrorism, war, riot, civil commotion, compliance with any law or government order, fire, flood or storm, strikes, or any other industrial dispute, delay in transit, power failure, postal delay, server malfunction or any event that cannot be reasonably be planned for or avoided.

6. Cancellations and Refunds

Your Expertrain Membership is a month by month agreement which will automatically renew each month. You have the right to cancel your membership at anytime without refund. If a trainer decides to cancel their membership their subscription will end at the end of that month. If a trainer is to cancel before the end of the month or part way through the month his/her membership will stay open until the end of that month before automatically cancelling.

7.   Price Information

Fees displayed on the application section of the website will prevail at all times. We reserve the right to increase the price of the membership subscription at any time. You will be informed of any fee increase with at least 30 days notice. If we discover an error in the price of your membership subscription, we will inform you as soon as is reasonably possible.

8.  Card Payments

All payment information passed between our site and Sage Pay’s systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to Sage Pay are signed using MD5 hashing to prevent tampering. You can be completely assured that none of your data passed to Sage Pay’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.

If you are not using your own credit/debit card to pay for the membership subscription, you must ask the permission of the credit/debit card holder before entering the payment details.

When you offer to subscribe to Expertrain either online or verbally, you are confirming that you have obtained the express prior permission of the credit/debit card holder.

All payment information passed between our site and Sage Pay’s systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to Sage Pay are signed using MD5 hashing to prevent tampering. You can be completely assured that none of your data passed to Sage Pay’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.

For payments using PayPal all card details are entered on the PayPal site.

9.   Liability

Our liability to you will not extend to any membership related benefits, goods or services provided by an external provider. We specifically exclude liability for any loss or damage suffered by you as a result of your involvement in whatever manner with an external provider.

These Terms and Conditions do not and shall not affect your statutory rights as a consumer.

10.   Data Protection and use of Personal Data

Expertrain is the Data Controller and Data Processor of any personal data you supply.  The personal data you supply will be used to process your membership subscription.  As a member of Expertrain your data will be used for marketing, statistical and analytical purposes and to administer your membership.  You will receive membership communications and from time to time we will let you know about promotions.

We do not pass data to any third party.

If you wish to obtain a copy of your personal data held by us, then please write to the address below. You may also be asked to provide proof of your identity and for information that might help to locate the data you are seeking.

If you believe that any of the information we hold concerning you is incorrect or out of date, please provide us with the accurate information either through your members account area, or by email or at the address below

11.  Data protection via the website

We will make every effort to ensure that the information on our website is accurate.  However, we cannot guarantee this and accept no liability for any information given via this website.

Even if data encryption is used, the security of information transmitted via the Internet cannot be guaranteed.  Any losses incurred or sustained by users who transmit information by electronic means shall be borne solely and exclusively by such user and in no event shall any such losses in whole or in part be borne by us.

12.   Events

Members may be invited to events organised by us or our partners, to enable members to gain information and make the best use of networking opportunities.

13.  Governing Law and Jurisdiction

These terms and conditions are governed by English law.  You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.

If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

14. Third Parties

A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

15.  Entire Agreement

These terms and conditions override any contrary terms or conditions published by us in relation to any membership subscription between you and us.

16.  Expertrain Brand

Use of our logo by you is permitted provided you email us for permission and provide proof of where you are using it. You can only use this logo whilst you are an active Expertrain member. If used on a website, you are to link the logo to either our homepage www.expertrain.com or your own profile page within the Expertrain.com website.

17. Queries Comments and Complaints

We will respond to any complaint or query received within three working days. This may be an acknowledgement that we have received a complaint whilst further investigations are carried out.

If you have any queries, comments or complaints about your subscription please contact our customer services team:

Telephone: 0844 4990775  (lines are open Mon-Fri 9am-5.30pm) (excluding public holidays and Christmas - New Year holidays)

Post:  Fulmar, North Road, Charlton Horethorne, Sherborne, DT9 4NS