Trainero.com - Terms and Conditions

As of 15 January 2016

General information

These terms of use shall be applied to the use of digital services provided by Trainero.com. Using the service requires acceptance of these terms of use.

Trainero.com reserves the right to amend the terms of use. Any amendments shall enter into effect immediately. If the customer does not accept the new terms of use, the customer may terminate the service free of charge.

This document is a binding contract between the customer and the service (hereinafter 'Service') provided by Trainero Ltd (hereinafter 'Trainero'). The terms of use regulate how the service provider's online service can be used and what obligations the service provider has towards the customer.

Trainero is entitled to change the content of the service without prior notification. These terms and the use of our Internet website shall be governed by Estonian legislation.

Trainero endeavours to develop the service and ensure that its operation is as free from disturbance as possible. Trainero has the right to change or eliminate content, structure or service times of the service or parts thereof, or other matters related to the service.

Provision of the service

The service is intended to be available for 24 hours a day, unless another time of operation is indicated. Trainero does not issue any guarantees on the operation of the service or warrant that the service will operate without interruptions or errors. Should it so desire, Trainero shall have the right to cease providing the service, in full or in part, and to temporarily disable the service due to maintenance or another reason, without any liability for damages.

Trainero may prevent the customer's access to the service without any prior notification.

Using the service

The customer shall receive an access right as part of the service package selected upon opening an account personally or on behalf of the customer company's administrator. The customer uses the service at their own risk and is personally responsible for the acquisition, installation, maintenance and costs of the equipment, software, and data communication and data transfer links necessary for using the service.

The customer may not use the service such that it causes unreasonable loads or other detriment to the network, other networks connected to the network, users of the service, other third parties or Trainero. Trainero shall have the right to intervene in obvious situations of misuse.

Personal data

Trainero complies with the EU rules in the processing and registration of personal data. The service provider uses personal data primarily for the provision of free and paid services included in the electronic services.

Trainero may use personal data submitted by the user for marketing purposes in accordance with the Personal Data Act. Users are entitled to prohibit the disclosure and processing of their information for the purposes of direct marketing, distance selling, and other direct marketing.

Creation of the contract, and purchase of the service

The customer shall select a service package desired. The customer is responsible for ensuring that the user ID in their possession is not disclosed to outside parties and that the service is used in accordance with the terms and conditions of the service ordered. User information on service ordered for use by one person may not be conveyed to several persons.

All user IDs are always personal. If several persons at the same customer company intend to use the service, the customer company must purchase 'additional user accounts'.

When the customer selects the service or product desired and confirms the order, the customer agrees to pay for the purchase. The various methods of payment are specified on the payment page.

The contract is in force until further notice or until it is terminated by the customer or Trainero. The customer may cancel the service at any time. Any termination shall enter into effect after the end of the ongoing period which has been paid for. Trainero reserves the right to terminate this contract and close the customer's account if the customer misuses or is suspected of misusing the service. If Trainero terminates this contract or closes the customer's account due to reasons listed in this section, Trainero shall not be responsible for such termination to the customer or liable to refund fees that have already been paid.

Pricing

Trainero may revise the prices of its service. Any changes in prices shall enter into effect after the end of the ongoing period which has been paid for. All changes in prices shall be reported to the customer. If the customer refuses to accept any change in prices, the customer shall have the right to terminate the order of the service. The customer shall be deemed to have accepted the new prices if the customer continues to use the service after the change in prices.

Credit card payments are serviced by PayLane sp. z o.o., which is located in Gdańsk at ul. Arkońska 6/A3, zip code: 80-387, KRS: 0000227278. In case of recurring subscriptions, the client agrees to periodic withdrawals from his account.

Period of cancellation, and satisfaction guarantee

The Trainero.com service may be cancelled within 14 days from the purchase, whereby Trainero shall refund the customer for the fees paid.

Trainero Ltd's responsibilities and liability for damages

Trainero shall not be responsible for any damage caused to the customer; consequently, Trainero shall not be liable to compensate any faulty operation or interruptions of the service, prevention of use, defects or deficiencies in the service, damage caused by any cessation of the service or part thereof, or any faults or disturbance in the customer's equipment or software. Trainero shall not guarantee that information produced by customer is stored in the service. Trainero shall not be responsible for the content of the service or its reliability.

The service provider shall not be liable for any damage caused by unreasonable difficulties in the operation attributable to force majeure or a similar reason.

Trainero Ltd's liability for any damage shall always be limited to no more than the amount of the fee paid by the customer for the paid service, which is the subject of the customer's damage, for the duration of the damage.

Customer's responsibilities

The customer shall be responsible for use of the service and for all material distributed, and for ensuring that use of the service or the aforementioned material does not infringe on any copyright, industrial or other protected rights of a third party, is not a violation of any special terms, the law or good practice, or cause detriment or disturbance to the network, the service provider, the service provider's contractual partners, other users of the service or other third parties. The customer agrees to reimburse the service provider or a third party for any damage caused.

Minimum hardware requirements are internet connection and a modern web browser.

Rights to the service and material contained in the service

The copyright, industrial and other protected rights to the appearance of the service and the material contained in the service are in the possession of Trainero Ltd, which owns the Trainero.com trademark. Without written consent obtained from Trainero Ltd, the customer shall not have the right to manufacture copies of, convey to the public, perform in public, distribute to the public, display publicly or use the service or any contents received through it, other than within the limits permitted by these terms of use and the Copyright Act. The above also covers reproduction prohibition under the Copyright Act. The customer may not use the service in violation of the service provider's or a third party's copyright or other rights.

In principle, Trainero shall not return any material created by the customer for the service, such as information, pictures, videos or writings; however, for a specific fee, Trainero may submit the materials or a part thereof to the customer on the basis of a separate request.

Permissible and forbidden links to the service

The customer shall have the right to place a link to their own website on the main page of the service at trainero.com. Any links to other individual pages, pictures, videos or text materials for a commercial purpose are prohibited without the prior written consent of Trainero Ltd.

Data protection and data security

The customer is aware that use of an open information network contains a risk to data security. Trainero shall endeavour to arrange the data security of its information networks in a generally accepted manner and prevent any access of unauthorised parties to its information systems.

Trainero shall not be responsible for the customer's data security during use of the service. The customer shall be personally responsible for the protection and data security of the computers, information systems, local area network or other similar equipment or systems needed for using the service.

Processing of personal data

Trainero shall process the personal data of registered customers in accordance with the service's privacy policy and data protection as well as legislation pertaining to privacy protection.

Service provider's contact details

The service provider's contact details are listed on the website of the service in case of support request, feedback or reclamation.

Period of validity of the terms

These terms shall enter into effect on 15 January 2016 and remain in force until further notice.

Trainero.com - Cookie Policy

Trainero may collect information about use of the service, usage volumes and other compilation of statistics, and process and analyse information. Trainero may use 'cookies' for the purpose of use of the services. A cookie is a short text file that is stored on the user's hard disk by the network server. This is how Trainero collects data about how and when the services are used, so the company can make its service ever more user-friendly. Data collected by means of cookies cannot be used to identify individual users, and they do not contain any sensitive information. Using Trainero.com requires you to accept the use of cookies.

Trainero.com - Privacy Policy

Controller

Trainero Oy (reg. no. 2163165-3), Bulevardi 7, 00120 Helsinki, Finland

Person in charge

Contact details as above.

Name of the register

Trainero.com's customer register.

Purpose for processing personal data

Maintenance of customer information for the purposes of user identification, use of functions in the service, submission of notifications, invoicing, compilation of statistics, advertising, and direct marketing.

Content of the register

Individual's name, street address, city/town, phone number, e-mail address, any website URL, user ID, password in an encrypted form, login statistics, usage statistics on the service and personal information about fitness and sports results.

Regular sources of information

Information is collected on individuals who register for the service, or by the customer company's administrator. Details on login statistics are technically collected when a user logs in the service. Other details on usage statistics are collected from the user's actions while using the service.

Regular disclosure of information

No information will be disclosed to parties outside of the Trainero.com Group, except the transaction data can be transferred for the benefit of PayLane Sp. z o.o. located in Gdańsk at Arkońska 6/A3, zip code: 80-387, KRS: 0000227278, on the terms that it will be beneficial on service connected to order payments. Depending on current setup, there may be alternative payment processing providers, with which same disclosure of information applies.

Protection of the register

Information is collected in databases that are protected by passwords, firewalls and other technical means. Databases and their backup copies are stored in locked and guarded premises, and only certain designated individuals have access to them.