Terms and Conditions

Terms & Conditions V1.3

Updated 13 October 2023

These terms and conditions were first created on 21 February 2021

These terms and conditions apply between, Users, Professionals and Contributors of www.wearehumans.digital (this ‘Website’) and LGBTQ Wellness Ltd (“LGBTQW”) – the owner and operator of this Website (together ‘the parties’). Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

Definitions

‘Content’ means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website or any Publication

‘Contributor(s)’ are individuals, companies, social enterprises, or charities who provide content to the Website for sharing on the Website, within publications and across its social media channels, in line with its aims and objectives

‘Professional(s)’ means the fitness professionals and coordinators of the fitness clubs and sports clubs whose services are advertised on the Website

‘Publication(s)’ means any website or other electronic medium including, but not limited to, e-mail communications, newsletters, blogs, social media posts, and alerts owned, operated, or controlled by LGBTQW

‘Services’ means the services provided by the Professionals

‘User(s)’ means any party that accesses the Website and is not an LGBTQW employee or person employed, contracted, or recruited on a voluntary basis to support the development of the Website, or the aims and objectives of LGBTQW

Company Information

LGBTQ Wellness Ltd is a company registered in England (company number 13205253), whose registered address is 8 Arndale, Beechwood, Runcorn, WA7 3HR.

Contact Information

To contact the company, please email hello@wearehumans.digital

Complaints Procedure

Before making a formal complaint, please escalate any issues to LGBTQW using the central inbox hello@wearehumans.digital. Any escalations will be dealt with by the company owner who will mediate between the User and the Professional to find a suitable resolution.

If you’re not satisfied with the resolution, you can formally request, in writing to the same email address, that the escalation is converted to a formal complaint against the Professional and/or LGBTQW. LGBTQW will aim to find a satisfactory resolution to the complaint for you, within 28 days.

For Users

1. We advertise the services of Professionals who are qualified in their relevant field
2. You have free access to view and connect with all Professionals to discuss and/or hire their services
3. Where you use services of any Professionals contacted via the Website, you enter a contract directly with that Professional on their terms and conditions. For clarification, you do not enter a contract with LGBTQW when using a Professional’s services
4. We perform checks on a Professional’s qualifications and insurance(s) prior to publishing their listing on the Website, however we recommend you perform similar checks on the Professional and ask the Professional additional questions to check their suitability before entering a contract with them
5. LGBTQW will not perform ongoing checks on the Professional’s qualifications, insurance(s) or right to work in the industry. It is the obligation of the Professionals to ensure their qualifications, insurance(s) and right to work in the industry remains active and in adherence with industry regulation
6. Information supplied on Professionals, Fitness Clubs and Sports Clubs is updated by the Professionals directly. Ensuring this information is accurate and up to date is the responsibility of the Professionals only. For clarification, LGBTQW has no responsibility in validating the accuracy of the listing information that Professionals has uploaded
7. Payment for services should occur directly between you and the Professional. LGBTQW does not take payment for services which a User purchases from a Professional

For Professionals

1. We will advertise your services at £30 for six months.
2. It is your responsibility to provide certifications and insurance(s) for all your qualifications outlined. If LGBTQW is not satisfied that you’ve provided all certifications and insurance(s), we will not publish your listing until we have received all required certifications and insurance(s). If these are not received within 30 calendar days from when you first add the listing, we will delete the listing from our database and assume that you no longer wish to list on the Website
3. LGBTQW will not monitor the expiration date of your certifications, insurance(s) or rights to work in the industry. It is your responsibility as the Professional to know that your certifications, insurance(s) and rights to work in the industry are up to date and remain in adherence with regulatory requirements. If you no longer have certifications, insurance(s) or rights to work in the industry, it is your responsibility to remove your listing from the Website. LGBTQW has no responsibility to validate your ongoing rights to work in the industry
4. Is it your responsibility as the Professional to ensure your listing contains accurate information, and to ensure this information is maintained and updated when changes occur
5. When a User purchases Services from you, you as the Professional enter a contract with the User under your terms and conditions. LGBTQW is not a party in the transaction and is not bound by your terms and conditions under your contract which you enter with the User
6. When a User purchases Services from you, it is your responsibility to take payment for those services through your own method in line with your own terms and conditions. LGBTQW has no responsibility and will not take payment for services which a User purchases from you as the Professional

For Contributors

1. As a Contributor you provide Content to the Website for publishing on the Website and across its Publications and social channels
2. You do this knowing and understanding that LGBTQW does not pay for content of any kind, either financially or through any other means
3. You provide content knowing and understanding that LGBTQW is a non-profit venture and will not earn the revenues to pay for content, either financially or through any other means
4. When content has been provided to the Website and the content has been published, we will not remove the content from the Website unless for exceptional circumstances such as:
   1. The content is resulting in negative attention, commentary or damaging posts to the Contributor, the Website or another User
   2. The content has been published with incorrect information, invalid information, profanities that are deemed too offensive to publish, or other damaging information which was not identified during the review and publishing phase
   3. The content is deemed offensive, racist, sexist, homophobic, transphobic, ableist, or other form of discriminatory language which offends an individual or groups in individuals
5. If any content earns revenue for LGBTQW through its online channels, the content does not give you any rights or claims over the revenues that LGBTQW earns. LGBTQW’s purpose is not to earn revenues, therefore any revenues that are earned need to stay within the business to cover time and maintenance costs of the business

Intellectual property and acceptable use

All Content included on the Website, is the property of LGBTQW, our Professionals, or other relevant third parties. By continuing to use the Website you acknowledge and agree that the Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark, or any Content, displayed on the site without the owner’s prior written permission.

You may, for your own personal, non-commercial use only, do the following:

retrieve, display and view the Content on a computer screen

print one copy of the Content

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of LGBTQW.

Prohibited use

You may not use the Website, any Publication, or any Content for any of the following purposes:

1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, or governmental order;
3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

This Website will contain links to other sites. Unless expressly stated, these sites are not under the control of LGBTQW or that of our affiliates.

We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of, or reliance upon, them.

The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves, or the content of those sites, or of those in control of them.

Data Policy and Cookies Policy

Use of the Website is also governed by our Data Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Data Policy and Cookies Policy, please select the Data Policy here

Availability of the Website and disclaimers

Any information or Publication that LGBTQW makes available to Users is provided “as is” and on an “as available” basis. Whilst we use reasonable endeavours to ensure the accuracy of the information contained on the Website and in any Publication, we give no warranty that such information will be available at all, available as advertised, or free of defects, errors, and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. LGBTQW is under no obligation to update information on the Website or in any Publication.

Whilst LGBTQW uses reasonable endeavours to ensure that the Website and any Publication is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users accept and agree that they must take responsibility for their own security, that of their personal details and their computers.

LGBTQW accepts no liability for any disruption or non-availability of the Website or any Publication.

LGBTQW reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available or otherwise advertised on the Website. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Users acknowledge and accept that access to the Website and any Publication is free of charge to Users and is designed to provide information which Users may find useful or of interest or benefit to them. By providing this service and permitting access to the Website, we do not, however, provide any advice in relation to the Content of the Website or any other Publication and no reliance should be placed by Users on the information provided.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We do not accept any liability for any Services that you book following a referral from the Website.

To the maximum extent permitted by law, the parties agree and accept that LGBTQW accepts no liability for any of the following:

Any business or personal, direct or indirect/concomitant losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, commercial opportunities, opportunity, or enjoyment;

loss or corruption of any data, database or software; and/or

any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website and any Publication from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions together with the Data Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

Users agree and accept that the Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, and to the extent permissible by law, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the laws of England and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England