End User Terms
Last updated: September 2020
1. These Terms
1.1 These terms and conditions (“Terms”) govern your participation in and use of any website, app (“App”), web pages or other electronic services operated by SEN Professional Software LTD (“we”, “us” or “SENPRO”), (collectively the “Service”). Our company number is 12693245 and our registered address is at 85 Great Portland Street, First Floor, London, United Kingdom, W1W 7LT.
1.2 These Terms will apply to all users, whether you are accessing, browsing or registering to the Service or you are an end-user of the App (“you” or “user”). However if you are a nutritionist, health and/or fitness professional (hereinafter referred to as a “Sport and Exercise Nutritionist”) and wish to licence our software services from us, separate subscription terms and conditions will apply (please see: https://senprofessional.com/subscription-terms), and in the event of any conflict or inconsistency between these Terms and the subscription terms, the subscription terms will prevail. Through these subscription software services, SENPRO provides Sport and Exercise Nutritionists with professional software, allowing them to connect, manage and communicate with clients and athletes like yourself.
1.3 Please read these Terms carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms in full, please do not register with us or otherwise continue using the Service. By using the Service, you confirm you accept these Terms and agree to comply with them, including whether you are using the App in a beta test, as part of a free trial or as part of a subscription.
1.4 If you wish provide content to the Service in the context of marketing or promotion, then separate terms will apply.
1.5 We may update these Terms from time to time for legal or regulatory reasons or to allow for the proper operation of this website. Notification of any changes will be made by posting new terms onto the Service. In continuing to use the Service you confirm that you accept the then current terms and conditions in full at the time you use the Service.
1.6 If you do not wish to accept the new Terms you should not continue to use the Service or its associated services. If you continue to use the Service after the date on which the change comes into effect, your use indicates your agreement to be bound by the new Terms.
1.7 Please also see our Privacy Notice (https://senprofessional.com/privacy) for information about how we collect and use your personal data.
2. Registration & Subscription
2.1 Generally, use of our Service will require registration, particularly in order to access certain sections of the Service such as our software subscription services. We may allow initial access to the Service without registration but we reserve the right to withdraw access without registration at any time.
2.2 We are not obliged to permit anyone to register with the Service and we reserve the right to refuse registration to anyone for any reason. We also reserve the right at our discretion to remove any content from the Service, terminate your registration and restrict your access to our Service at any time for any reason.
2.3 Access to certain functionality or features may be restricted or limited, depending on the subscription that has been taken out by the relevant Sports and Exercise Nutritionist or user..
We may offer a free trial period during which we allow you, for a limited period, to access functionality which is usually only available to subscribers. Once a trial period ends if you do not take out a subscription we reserve the right to withdraw your access to the Service. We may, at our sole discretion, extend or withdraw any trial period. Trial periods are offered strictly at our discretion and we may reduce the period or change the terms of any trial period we offer at any time.
2.4 SENPRO’s charges are paid for by the relevant Sports and Exercise Nutritionist who has taken out a subscription for our software service. Accordingly, any additional charges which are payable by you is subject to separate terms and conditions which apply directly between you and the relevant sports and Exercise Nutritionist only.
3. Data Protection
3.1 When you register with the Service we will ask for some of your personal information such as your name and email address. Any personal information you provide us with will be handled in accordance with our Privacy Notice which can be seen at https://senprofessional.com/privacy.
3.2 You are not permitted to, and hereby agree not to, upload any personal information that does not belong to you when you register with the Service. Accordingly, you may be liable under applicable data protection and privacy law if you do.
3.3 You agree that all information supplied on registration will be kept up to date at all times.
3.4 If we have reason to believe that there is likely to be a breach of security or misuse of the Service (including the App) through your account or the use of your password, we may notify you by email and require you to change your passwords on our system and with your other suppliers, or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account you will not be able to access the Service.
3.5 You are not entitled to allow any other person to use or borrow your log in or profile, any additional user must register separately.
4. Use and Abuse of the Service
4.1 Please note that use of the Service is strictly for your own personal use.
4.2 You are not entitled to resell or commercially exploit the contents of the Service in any way. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, email addresses or any other data for the purposes of sending unsolicited email or for any other use.
4.3 You acknowledge and agree that any content you input into the Service (including the App) is your sole responsibility for which you will be personally liable. By uploading any content to our Service you acknowledge such content will be processed in accordance with our Privacy Notice.
4.4 You may not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Service we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Service and terminating your registration.
4.5 You agree that you will not:
· solicit log-in information or access an account belonging to someone else;
· bully, intimidate, or harass any user of the Service;
· do anything to suggest, express or imply that statements made by you are endorsed by us;
· impersonate any other person whether or not that other person is a user of the Service; or
· do anything illegal, unlawful, misleading, malicious, or discriminatory using the Service;
4.6 We also reserve the right at our discretion to remove any content or functionality from the Service, terminate your registration and restrict your access to our Service at any time for any reason.
4.7 In the event that you are informed that you will no longer be entitled to access the Service you will not be entitled to register again and you will no longer have permission to use the Service.
4.8 If you come across any offensive, inaccurate or damaging material on the Service or if you are subject to any form of abuse or harassment we ask that you contact us immediately.
4.9 You agree not to upload any files or post or publish anything on the Service that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's device.
5. Advertising, Sponsorship & Third-Party Sites
5.1 Users of the Service are not entitled to directly advertise to or solicit the custom of other users without our express written consent. We may invite sponsors but any sponsorship will be subject to separate terms.
5.2 Part of the Service may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in/on the Service complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising or sponsorship material.
5.3 As a convenience to you, the Service may include links to other websites or material. We are not responsible for content on any site outside the Service so if you do follow a link to any of these websites, you acknowledge you do so at your own risk and we will not be liable or otherwise be responsible in any way in relation to this.
6. Our Liability
6.1 We will operate the Service with the reasonable skill and care of an online service provider and whilst we use our reasonable endeavours to ensure that content included in the Service is accurate, complete, reputable and up-to-date, we do not make and hereby exclude, to the extent permitted under applicable law, all representations, warranties or guarantees, whether express or implied, in respect of this. Any opinions, recommendations or conclusions arising out of the use to the Service should not be regarded as definitive or relied upon to the exclusion of other information or your own judgement and the services provided do not extend to detailed monitoring or supervision of content, comments or communications between users of the Service.
6.2 From time to time it may be necessary to suspend access to the Service for a period of time and any such interruptions shall not constitute a breach by us of these Terms.
6.3 Commentary and other materials posted in/on the Service are not intended to amount to advice on which reliance should be placed. We shall not be liable for any losses that may be incurred by you or any third party who may be informed of any of its contents as a result of any reliance placed on such materials.
6.4 We will not be liable for any use of the Service other than for personal, information purposes.
6.5 We will not be liable for any provision of services by the relevant Sports and Exercise Nutritionist to you.
6.6 We will not be liable if content you have posted and stored on the Service is lost, corrupted or damaged.
6.7 We will not be liable for any a) revenue loss; b) profit loss; c) loss of or damage to goodwill or reputation; d) business loss; e) financial loss; f) economic loss; g) consequential loss or h) indirect loss arising as a result of your use of the Service whether such loss is incurred or suffered as a result of our negligence or otherwise.
6.8 Subject to the provisions in this clause 6, our total liability to any user under these Terms is limited to a maximum amount of £50. For the avoidance and to the extent that you have subscribed to our software services, different provisions will apply with respect to liability.
6.9 Nothing in these Terms will limit our liability for fraud, death or personal injury caused as a result of our negligence or any other liability which cannot be limited or excluded by law.
7. Cancellation and Termination
7.1 If you wish to cancel your registration, please notify us and we will delete your registration, or you can cancel your registration via your account settings (please see https://app.senprofessional.com/settings). Posted content will remain available on our Service following termination of your registration.
7.2 If you are an end-user of the App and cease to be a client of the Sports and Exercise Nutritionist who has taken out the relevant subscription or if the subscription taken out is terminated or otherwise comes to an end, then you will not be entitled to access the App or other services. We will not be liable for any loss of data you have uploaded to the App in that event.
8. Intellectual Property & Availability of the Service
8.1 The format and content of the Service (including the App) is protected by United Kingdom and international trade marks, database right and other intellectual property rights and we reserve all such rights which appear in/on the Service whether owned or licensed to us.
8.2 The Service (including the App) and its content may not be copied, modified, transferred, reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose (whether commercial or otherwise) without our express written consent. You may not systematically extract or re-utilise parts of the contents of the Service without our express written consent. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on Service, except as expressly permitted by law.
8.3 We hereby grant you a non-exclusive, non-transferable licence to download a copy of the App to such devices as are personally used by you and to use in accordance with these Terms. We reserve the right to terminate this licence if you are in breach of these Terms. You may not transfer this licence to any other third party.
8.4 Whilst we have used our reasonable endeavours and exercised reasonable skill and care in the Service we provide to you, we do not warrant or guarantee that any content, including content supplied by a third party, is error-free or that the Service will meet your particular requirements. If a fault occurs with the Service you should report it to us immediately and we will attempt to correct the fault as soon as we reasonably can.
8.5 Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can. Access to the Service may be restricted whether or not you have registered with us.
9. Notice and Take-Down
9.1 We will make all reasonable efforts to delete accounts which are being used in breach of our Terms but we cannot be responsible if you have failed to provide us with the relevant information.
9.2 In the event that you believe that an account is being used in an inappropriate manner or that any content which is distributed using the Service is defamatory or infringing on intellectual property rights you should notify us immediately at senpro@theiopn.com.
10. Contact Us
10.1 If you have any questions about these Terms, please contact us at senpro@theiopn.com, or send a letter to SEN Professional Software LTD, 85 Great Portland Street, First Floor, London, W1W 7LT.
11. International Use
11.1 We make no promise that materials in/on the Service are appropriate or available for use in locations outside the United Kingdom, and accessing the Service from territories where its contents are illegal or unlawful is prohibited. If you choose to access or otherwise use the Service from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws.
11.2 You shall comply with all foreign and local laws and regulations which apply to your use of the Service in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
12. General
12.1 If you feel that any materials appearing in/on the Service are offensive, objectionable or potentially defamatory please contact us at senpro@theiopn.com providing full details of the nature of your complaint and the materials to which the complaint relates.
12.2 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
12.3 If you breach these Terms and we choose to ignore this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
12.4 We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
12.5 These Terms will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
12.6 We may make changes to the format of the Service, services provided or to the Service’s content at any time without notice.
The Service is owned and operated by SEN Professional Software LTD.