PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

www.mypthub.net is a website operated by Fitii Ltd (“we”, “our”, “us”), a limited company registered in England and Wales with company number 09374110 and having its registered office at Highfield Court Tollgate, Chandler’s Ford, Eastleigh, Hampshire, United Kingdom, SO53 3TY; this is also our main trading address. Our VAT number is 203 3905 44. Our main email address is support@mypthub.net to which general enquiries should be made.

The terms of use contained herein (together with the documents referred to herein) (the “Terms”) inform you, the visitor and/or End User, as defined below, (“you”) about the terms that govern your access to and use of our website, www.mypthub.net (the “Site”), as well as any software and related services you may use (the “Services”), whether as a guest or a registered End User or Customer, each as defined below. Use of our Site includes accessing, browsing, or registering to use our Site. 

For certainty and clarity, you may be a visitor or user of the Site, an End User as defined below and/or a Customer, as defined below. 

Please read these Terms carefully before you start to use our Site and/or Services. By using and/or accessing our Site and Services, you confirm that you accept and agree to these Terms and that you will comply with them. If you are using our Services on behalf of a company, organization, or other legal entity, you represent that you are authorized to accept these Terms on its behalf. These Terms shall be legally binding on you. 

If you do not agree to these Terms, you must not use our Site or Services and should leave the Site immediately.

The Terms incorporate by reference the following policies (the “Policies”), which you are agreeing to be bound when you agree to be bound by these Terms:



Our Services are provided to you or any Customer, as defined below, under a separate commercial agreement. In the event that you purchase or subscribe for Services from our Site, you will also be required to agree to be bound by our subscription services agreement, which can be found at: My PT Hub – Subscription Services Agreement (a “Customer Agreement”).

For certainty and clarity, if you are an end user of our Services (an “End User”), and a member, client or customer of one of our direct customers, with whom we have a Customer Agreement (our “Customers” and each a “Customer”), these Terms shall govern your use of the Site and Services in addition to any terms or commercial agreements between you and our Customer.

Eligibility

You may use the Services only if you are (a) over 18 years old, and (b) authorized by one of our Customers who has a valid agreement with us.

Accessing our Site

While our Services require subscriptions, our Site is available to view and use, free of charge. 

You are responsible for making all arrangements necessary for you to have access to our Site.

You are also responsible for ensuring that all persons who access our Site through your internet connection and/or hardware are aware of these Terms and all other applicable terms and Policies, and that they agree to and can comply with them.

Our Site is directed to people residing in the United Kingdom and complies with English law. We do not represent or warrant that content available on or through our Site is appropriate or available in any other locations. We may limit the availability of our Site or any part of it, or any Service or product described on our Site to any person or geographic area at any time as we in our absolute discretion think fit. If you choose to access our Site from outside the United Kingdom, you do so at your own risk.

Use of Site and Services

  • You must comply with all applicable laws and these Terms.
  • You must not:
    • Use the Site or Services for any illegal or unauthorized purpose.
    • Interfere with the functionality or security of the Site and/or Services.
    • Reverse engineer or decompile any part of the Site and/or Services.
We reserve the right to suspend or terminate access to the Site and/or Services if we believe you or persons accessing the Site through your internet connection are violating these Terms or applicable laws.

Your Account and Password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You alone are responsible for maintaining the confidentiality of any such credentials. 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us of any such unauthorized use at support@mypthub.net. You will be liable for all acts and omissions undertaken on your registered account.

Data and Privacy

We take data protection and privacy very seriously. We comply with the data protection laws in the United Kingdom and the European Economic Area and in particular the provisions of the General Data Protection Regulations (the “GDPR”). Any of your data and information that is collected through the Site and Services will be handled in accordance with both GDPR and our internal GDPR Policies and Privacy Policy. Please also note that if you are a member or customer of one of our Customers, your data may also be subject to that Customer’s own privacy policy.

Intellectual Property Rights

All rights, title, and interest in and to the Site and Services, including all software, content, material, and trademarks, remain with us or our licensors, as applicable. These Terms do not grant you any rights to our intellectual property. We affirm our moral rights within and related to all software, content, material, and trademarks and other intellectual property.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use only. You agree you will not use that material in any commercial manner or purpose without obtaining a licence to do so from us or our licensors.

You agree that you shall not modify the paper or digital copies of any materials 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.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged in your use of any material or content form the site, and you agree to do this in every instance.

If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made from it.

Third Parties

The Site and/or Services may integrate with third-parties and/or third-party tools or services. We are not responsible for any content, functionality, or practices of these third-parties and/or third-party tools or services.

Disclaimers and No Reliance

The Site and Services are provided “as is” and “as available” without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be error-free, secure, or uninterrupted. We do not guarantee or warrant that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice to you and for any reason whatsoever. By using the Site, you are agreeing that we will not have any liability to you in contract, or for any tort if for any reason our Site is unavailable at any time or for any period.

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. As we have no control over it, we have no liability to you for any use by you of the materials or content on the Site. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the materials or content on our Site is accurate, complete or up-to-date or do any particular thing.

Changes to the Site

We may update the Site from time to time and may change the content at any time without any express notice to you. Further, the content on the Site may be out of date at any given time, and we are under no obligation to update it. 

Uploading Content to the Site

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other End Users of the Site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant to us that any such contribution by you will comply with the standards set out in our Acceptable Use Policy, and you expressly agree that you will be liable to us and indemnify us for any losses, damages or claims related to your uploading content to the Site. 

Do not upload any confidential information to the Site or any information which is the intellectual property of a third party. Any content you upload to the Site will be considered non-confidential and non-proprietary and we, and any other users of the Site, as applicable, will be free to use same in any manner whatsoever. You retain all of your ownership rights in your content, but you hereby grant us and other users of the Site, as applicable, a worldwide license to use, store and copy that content and to distribute and make it available to third parties. 

Subject to GDPR and our GDPR Policies and Privacy Policies, we also have the right if we consider it reasonably justified to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy or protection of their personal data.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you to the Site.

We have the right to remove any posting you make on or content you upload to the Site if, in our opinion, such post or uploaded content does not comply with the standards set out in our Acceptable Use Policy.

The views expressed by End Users and other users of our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Linking to the Site

You may link to the home page of our Site, provided you do so in a way that is fair and legal and does not damage our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless you have obtained our prior written consent. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking our Site must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our Site other than that set out above, please contact support@mypthub.net.

Viruses

Whilst we take reasonable precautions, we do not guarantee or warrant that the Site will be secure or free from bugs or viruses. You will always use your own virus protection software.

You agree you will not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. To do so would be deemed a material breach of these Terms and we would be entitled in such circumstances to claim against you, in equity and at law, all losses, costs, claims, expenses and damages we incur or sustain (including reasonable remedial and professional costs) because of your actions or inaction. 

You agree you will not:
  • attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site; or
  • not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
A breach of these provisions may amount to 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 fully with those authorities. In the event of such a breach, your right to use the Site will cease immediately.

Indemnification and Limitation of Liability

You agree to indemnify and hold harmless us and our affiliates, directors, officers, and employees from any claim, liability, or demand arising out of your use of the Services, Site or violation of these Terms.

To the maximum extent permitted by law, we shall not be liable for:
  • Any indirect, incidental, special, consequential, or punitive damages.
  • Any loss of profits or revenues.
  • Any loss of data or business interruption
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site and/or Services, or any material or content on it, whether express or implied, and by using the Site you are expressly agreeing to this.

We are not liable to any End User (or Customer), whether personal or commercial, for any loss, claims, expenses or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, howsoever, wheresoever or whatsoever arising under or in connection with:
  • Your use of, or inability to use, the Site and/or Services; or
  • Your use of or reliance on any material content displayed on the Site or developed by you from the Site.


You hereby acknowledge that we provide the Site for domestic and private use only. You agree not to use the Site 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 goodwill or reputation by you if you do. You are agreeing that we will not be liable for any loss, claim expense or damage to you caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site and/or Services or to your downloading of any materials or content on the Site, or on any website linked to the Site.

You use any links on the Site to third party websites entirely at your own risk. If you do not want to take such risk, do not use any such links. We assume no responsibility whatsoever related thereto. Such links should not be interpreted as endorsement by us of any of those linked websites. You agree that we will not be liable to you for any loss, expense, claim or damage that may arise from your use of them.

With respect to these Terms, our maximum and total liability to you (and any End User or Customer) shall not exceed the amount of fees you have paid to us in the one month prior to the event(s) giving rise to such liability. The limitations set forth in this section apply regardless of the legal theory on which a claim is brought, even if we have been notified of the possibility of damage or if such damage could have been reasonably foreseen and notwithstanding any failure of essential purpose of any exclusive remedy provided in these Terms.

Different and additional indemnification requirements and limitations and exclusions of liability will apply and be set out in Customer Agreements.

Modifications

We may update these Terms from time to time and at any time without any express notice to you. Please check these Terms and related Policies from time to time to take notice of any changes made, as they are binding on you. Continued use of the Site and Services after such changes constitutes acceptance of the updated Terms.

Termination

We may suspend or terminate access to the Site and/or Services at any time for violation of these Terms or if required by law or a Customer. Upon termination, all rights granted under these Terms will cease.

Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles. Any disputes shall be resolved in the courts of England and Wales. 

Contact us

To contact us, please email support@mypthub.net. Thank you for visiting our site.