ProFTraining Finland Online Services
Terms of use and liability waiver
These Terms of Use apply to the use of ProFTraining Finland Oy’s online Service (later Proftraining). If you do not accept these terms of use, you must not use ProFTraining Finland Oy’s digital Services. The terms and conditions apply to the transactions of both registered and unregistered users (later the User). The terms apply to the use of the Service by an unregistered user for as long as the user uses the Service. In the case of a registered user, these terms and conditions shall apply between the parties at least until the user’s username has been deleted. In the case of online coaching Services provided in the Service (hereinafter online coaching), these terms and conditions always apply between the parties for at least the duration of each coaching program.
ProFTraining Finland Oy reserves the right to change these terms of use from time to time. The changes will take effect immediately.
This document and all contractual & non-contractual obligations arising out of or in connection with it shall be governed by the laws of Finland. User further agrees that the courts of Finland have exclusive jurisdiction to settle any dispute arising out of or in connection with this document (including a dispute regarding the existence, validity or termination of this document).
Waiver of Liability
This document waives the liability of Proftraining and Services provided by the company.
I understand that Proftraining is not responsible for any instructions, guidance or coaching based on provided service. The user of the Service accepts and uses the Service as it is. In addition, he agrees that the user uses the Service and its content in all respects at the user’s own risk. The service provider reserves the right to change and modify the service at any time.
I hereby warrant that the equipment and/or facilities that I use are fit for purpose. I further warrant that I have prior training experience to the Service, and I understand the importance of using correct form in physical training.
I understand that physical training and exercise as well as various gym equipment have varying effects on individuals based upon their size, age, physical condition and/or state of health and may require personal knowledge in their proper use. I further understand it is my sole responsibility to determine my physical fitness for any physical training or exercise based on my physical condition and personal knowledge on the use of the equipment. This applies also to my clients to whom I’m giving instructions, advices and coaching based on Service and its content. Proftraining is not responsible for the content, implementation and outcome of the activities performed by the instructor (including insurance of activities, customer safety and other liability issues related to the activities).
I understand that I am not being offered medical advice, and nothing contained in the Service is intended to replace the Services of health professional or to be a substitute for medical advice.
I declare that I am in good health and suffer from no physical or mental condition that would prevent me from participating in the Service. I agree to assume full responsibility for any injuries or damage which I incur while participating in the Service and/or instructing/coaching Service to others.
The Service Provider is not responsible for the content of the service, nor for any other content delivered or received through or through the service or its reliability. The service provider is not responsible for the content of the information presented and published in the service or sent to the user, the suitability of the presented information and instructions for an individual user, the accuracy or possible errors, possible damage to the service or part thereof, deficiencies or delays.
ProFTraining is not responsible for the content of any external site from or to which the service is linked.
ProFTraining shall not be liable for any direct, indirect or consequential damages, including loss of income or earnings, business interruption, damage to hardware, software, data or files resulting from the use or obstruction of the Service. The service provider is not liable for any damage caused by the user to him/herself or to others, misuse of the service or any other similar action. The Service Provider shall not be liable for damage caused by force majeure or unreasonable difficulty in operations due to a similar reason.
I hereby agree that I will indemnify and hold harmless Proftraining and its affiliates, instructors, directors, agents and employees from and against any and all actions, costs, claims, losses, expenses and/or damages, including legal fees, that I might have now or in the future have, for any personal or my clients’ injuries in my manner resulting from my participation in the Service and practicing the Service.
I understand that my access to the Service is at sole discretion of Proftraining.
Compensation must be claimed within one month of the discovered or the should have been discovered by the customer for the basis of the compensation.
Proftraining digital content
This document is a legal and binding agreement between the customer and the digital content provided by Proftraining (hereinafter the Service Provider) (hereinafter the Service). It regulates how the customer can use the Services of the Service Provider and what are the obligations of the Service Provider. These terms and conditions must be read carefully before using the Service.
These Terms of Use set out the terms of use of the Services and the published material, as well as the privacy policy. The Service Provider has the right to update these terms and conditions and change the content of the pages without prior notice. Finnish law and the EU Data Protection Regulation apply to these terms and conditions and the use of our website in accordance with the register description.
The Service Provider strives to develop the Service and ensure that it operates as smoothly as possible. The Service Provider has the right to change or delete the content, structure, Service hours, or other aspects of the Service or its parts. If the changes require changes to the user’s hardware or software or other actions by the user, the Service Provider will endeavor to notify you of the changes well in advance. The user is responsible for any necessary changes to his hardware and software at his own expense.
Content and delivery of the Service
The Service is a package that includes the Services, materials and e-commerce provided by ProFTraining and any other Service Providers cooperating with ProFTraining (hereinafter: Other Service Providers) from time to time to the extent of the respective product range.
The Service is available 24 hours a day, unless otherwise stated for a certain Service. Customer support and Service can be provided for a shorter period of time. The Service Provider makes no warranties, express or implied, as to the operation or features of the Service and does not warrant that the Service will be uninterrupted or error free. The Service Provider always has the right to terminate the provision of the Service in whole or in part, as well as the right to temporarily decommission the Service or part thereof due to maintenance or other reasons, if it so wishes without compensation.
The Service provider may, if it deems it necessary, prevent the user from accessing and / or receiving the Service without prior notice.
The user receives access to the Service and uses it at own risk. The user is responsible for the acquisition, installation, maintenance and costs of the hardware, software, telecommunications and data transmission connections required for the use of the service. The user may not connect or use the service in such a way as to cause an unreasonable load or other inconvenience to the network, other networks connected to the network, service users, other third parties or the service provider. The Service Provider may give you more detailed instructions on how to use the network and which is prohibited. The administration has the right to intervene in cases of obvious abuse.
The material of the online course(s) is/are available for the customer at least the duration of the applicable Instructor License and/or mentioned in the course description. The service provider may terminate, terminate or remove the course entirely from the offer once it has ended.
The content and features of the Service may differ depending on different devices and softwares used by customer.
A Service Provider may offer, transmit or market services and/or products, paid or complimentary, produced and/or provided by Other Service Provider. The services provided by Other Service Providers are provided, transmitted and marketed as such and without liability. The Service Provider shall not be liable for any damage resulting from any error in the service provided by another Service Provider, such as incorrect information, delay in the Service or availability of the Service. In addition to these terms and conditions, the user undertakes to comply with any special terms and conditions, limitations of liability and instructions of Other Service Provider.
Registration as a user of the Service
Some services are available without the requirement of registration. Services may be used without registration in the manner and to the extent that ProFTraining considers appropriate. The Service Provider reserves the right to change, modify and access the elements, thus allowing the use of the service without registration. Such Service(s) may be used as a whole or partly only registered customers.
Some Services require user to register. Upon registration, the user must provide the requested personal information. The user is responsible for the accuracy of the personal data provided and update personal information accordingly. Upon registration, the user must also choose a username. Password will be sent to user’s e-mail address.
The username is personal. The user may not disclose the username to a third party and the user may not grant a third party the right to use this username. The Service Provider is not responsible for unauthorized, inappropriate or illegal use of the username if the username is revealed, guessed, broken or subjected to a software error. All actions taken by user’s username are considered to have been taken by the owner of that username. If the user becomes aware of the unauthorized use of the username or if the confidentiality of the username has been compromised, the user must immediately notify the administrator (info@proftraining.fi). ProFTraining may then, in its sole discretion, close the username to prevent its misuse.
All minors or otherwise persons under guardianship should review these Terms of Use with their parents or guardian and obtain the approval of their parents or guardian for these Terms of Use before using the Service.
The registered user has the right to delete the username. The username will be deactivated by notifying info@proftraining.fi by e-mail.
Personal information
The service provider complies with the Finnish Personal Data Act (523/1999) and the EU Data Protection Regulation in the processing and storaging of personal data. The service provider primarily uses personal data to provide services to the user, but may also provide other services if the customer has given consent. The user must provide necessary personal and other information to the Service Provider to use the required service. The contact information of the users is and Service Provider does not disclose this information to the third party without the user’s written permission. Permission given by E-mail is considered as written permission.
The Service Provider processes the user’s personal data in connection with the provided service, to respond to inquiries and feedback sent by the user, to develop its products and services, for statistical purposes and for other purposes related to customer relationship management. The Service Provider may use the personal data provided by the user for marketing purposes in accordance with the Personal Data Act and the EU Data Protection Regulation, as stated in the register description.
By visiting or using our Services, user consent to storage of your data on servers located in the United States, Europe, Asia or other location decided by Service Provider’s IT partner. User consent to the transfer, storage, and processing data in and to the United States or other countries. By submitting data or using Services, user consent to this transfer, storage, and processing it.
Agreement and purchasing a service
The Service is selected by user and user is responsible of choosing the suitable Service.
The user is responsible for using the Service in accordance with the Terms of Service of the ordered service. When the user push the “Buy” button, he or she confirms that he or she is over 18 years of age or that he or she has parental or guardian permission to enter into the agreement. At the same time, he undertakes to comply with the terms of this agreement. All information provided by the customer during registration must be accurate and must not be missed by relevant information. The user has a duty to keep such information up to date at all times.
When user purchases a Service, only the person to whom the Service has been ordered has access to the contents of the package. Services are always for the use of one person (unless otherwise stated) and their contents may not be shared with other persons.
When the user purchase the Service, user is responsible to pay the price of the Service.
The agreement is valid until further notice or until terminated by the customer or service provider. The Service Provider reserves the right to terminate this Agreement and close the Customer’s account at any time if the Customer uses or is suspected of misusing the Service.
Cancellation
Purchased online Service cannot be cancelled. Consumer products are subject to the Consumer Protection Act and guidelines for consumer products sold on online services.
Information provided in the service
While the service provider will use its best endeavors to ensure that the information published on the service is correct and up-to-date, the information may contain inaccuracies or errors. The product availability information or product price information presented in the service may be in some respects incorrect and ProFTraining is not obligated to reimburse the customer if a product has been sold out or if the service contains incorrect price information.
The service is provided “as it is” and “subject to availability”. To the extent permitted by law, the Service Provider does not provide an express or implied warranty for the Services or Products, their quality, content, or suitability for a particular purpose. In addition Service Provider does not guarantee, insure or endorse any product or service advertised or offered by a third party service or to the linked Web page or which are advertised on banners or otherwise, or take responsibility for them. Nor is the service provider responsible in any way for transactions between the customer and third-party suppliers of products advertised on or through the service. The customer should use their own judgment and caution in this case as well. No information provided orally or in writing by the Service to the Customer constitutes a guarantee granted by the Service Provider.
Customer responsibility
The user must always consider the suitability of the information provided to the user within the service, and in particular related to exercise and nutrition, and among other things take into account the user’s state of health, physical characteristics and other personal circumstances. If necessary and in the event of any doubt, the user should consult a physician/doctor or health care professional before purchasing the service.
You are responsible for your use of the Service and for any material you submit to or distribute to other users and other connections and that the use of the Service or the aforementioned material does not infringe any third party copyright, intellectual property or other special terms, law or good practice, harm or disrupt the network, the service provider, the service provider’s contractual partners, other users of the service, or other third parties. The customer is liable to compensate the Service Provider or a third party for the caused damage.
Rights to the service and materials
Copyrights
The Service Provider or its contractual partners have the copyright, intellectual property and other protected rights of the Service and the material related to the Service. The Service Provider has the right to use and republish or redistribute the modified or original material sent or transmitted by the Customer to the public areas of the service (such as Facebook, Instragram, Twitter) to the public areas of the service (such as Facebook, Instagram, Twitter). -, or in other activities. Customer shall not, without the prior written consent of the Service Provider, make copies, transmit to the public, present to the public, distribute to the public, display in public or use the Service or the content received through it other than as permitted by these Terms of Use and Copyright Act. The above also includes a ban on reprinting under copyright law. The Customer may not use the Service in violation of the copyright or other rights of the service provider or a third party.
Permitted and prohibited linking to the Service
You may not copy, duplicate, transfer, publish, distribute or otherwise use any part or content of the Service (including training programs, videos, images and text) in a manner not expressly permitted in this Agreement. In addition to the above, the customer undertakes to make reasonable efforts to ensure that the service and its content are not used without permission.
Data protection and security
The customer is aware that the use of an open data network involves a data security risk.
The service provider is not responsible for the information security of the customer’s own devices and systems when using the Service. The customer is responsible for the protection and security of the computers, information systems, local area network or other similar devices or systems required for the use of the Service. The Customer is responsible for the consequences of insufficient protection and for the damage caused to the Service Provider, users or third parties by viruses and other similar harms that have entered or spread through the network due to the Customer’s fault.
This is the register and Data Protection Statement in accordance with ProFTraining Finland Oy’s Personal Data Act (Sections 10 and 24) and the EU General Data Protection Regulation (GDPR). These terms and conditions apply to the use of both registered and unregistered visitors. Prepared on 24.11.2019. Last modified on 04/05/2020.
1. Register administrator
ProFTraining Finland Oy, Alankotie 63, 04400 Järvenpää, info@proftraining.fi
2. Contact person responsible for the register
Raisa Varsta, +358 40 4129508, info@proftraining.fi
3. Name of the Register
ProFTraining Finland Oy Customer Register
4. Legal basis and purpose of the processing of personal data
The legal basis for the processing of personal data under the EU General Data Protection Regulation is:
– Consent of the person (documented, voluntary, identified, informed and unambiguous)
– Agreement to which the person is a party
The purpose of the processing of personal data is to communicate with customers, maintain a customer relationship and market.
5. Information content of the register
The information stored in the register includes: person’s name, position, company / organization, contact information (phone number, e-mail address, address), website addresses, IP address of the network connection, information about subscribed services and their changes, billing information, other information related to customer relationship and subscribed services.
6. Regular sources of information
The information stored in the register is obtained from the customer e.g. Messages sent via web forms, e-mail, telephone, via social media services, contracts, customer meetings and other situations in which the customer discloses their information.
7. Use of cookies
The service provider may collect, process, and analyze information about service usage and other statistics. In order to monitor the use of the content of the services and to facilitate and speed up their use, the service provider may use the so-called cookies. A cookie is a short text file that a web server stores on a user’s hard drive. In this way, the service provider collects information on how and when the services are used to further develop them to be more user-friendly. The information collected through cookies cannot be used to identify individual users. The service provider requires that you accept the use of cookies in order to use the service provider’s electronic services.
8. Transfer of data outside the EU or the EEA
The information will not be disclosed to other parties, only for the internal use of the service developers. The information may be published to the extent that this has been separately agreed with the customer.
Data may also be transferred by the controller outside the EU or the EEA. This applies to communication services such as Facebook, Instagram and LinkedIn.
9. Registry Security Principles
The register shall be handled with due care and the information processed shall be adequately protected. When registry information is stored on Internet servers, the physical and digital security of their hardware is adequately addressed. Administrator shall ensure that the data stored, as well as the access rights to the servers and other information critical to the security of personal data, are treated confidentially and only by authorized employees.
The technical administrator of the website server, Yellou Oy, has access to the information on the website. The administrator has no right to use the data in its own business and the administrator acts responsibly, in accordance with good practice and the EU Data Protection Regulation. Only employees of ProFTraining Finland Oy and Yellou Oy have access to the database.
10. Inspection Right and right to request correction of information
Every person in the register has the right to validate the information stored in the register and to request the correction of any incorrect information or the completion of incomplete information. If a person wishes to check the data stored about him or her or request a correction, the request must be sent in writing to the administrator at info@proftraining.fi. If necessary, the administrator may ask the person to prove identity. The controller will respond to the customer within the timeframe set out in the EU Data Protection Regulation (generally within one month).
11. Other rights related to the processing of personal data
A person in the register has the right to request the removal of his or her personal data from the register (“the right to be forgotten”). Registered persons have also rights under the EU’s general data protection regulation, such as restrictions on the processing of personal data in certain situations. Requests must be sent in writing to the administrator at info@proftraining.fi. If necessary, the administrator may ask person to prove his or her identity. The administrator will respond to the customer within the timeframe set out in the EU Data Protection Regulation (generally within one month).
If any provision of this document is for any reason declared to be invalid or enforceable, the validity and enforceability of the remaining provisions will not be effected.
I hereby agree that this document and all contractual & non-contractual obligations arising out of or in connection with it shall be governed by the laws of Finland. I further agree that the courts of Finland have exclusive jurisdiction to settle any dispute arising out of or in connection with this document (including a dispute regarding the existence, validity or termination of this document).
I acknowledge that I have read this document carefully and understand its meaning, and I voluntarily release the above named parties from all liabilities arising out of my and my clients participation in the Service.
Terms of use FasciaMethod brand
- The instructor shall be entitled to instruct FasciaMethod classes and to use the FasciaMethod brand (later Trademark) after successful completion of the Proftraining Finland’s (later Trademark owner) FasciaMethod Instructor Course and approved instruction sample lesson.
- The FasciaMethod trade mark shall be used in accordance with the following instructions:
- The Trademark owner decides the use of the Trademark.
- The Trademark may only be used by approved instructors in accordance with Section 1.
- The Trademark may only be used to promote FasciaMethod classes.
- FasciaMethod classes/courses may not be filmed or recorded for public use without prior written permission of the Trademark owner.
- Recorded FasciaMethod material may not be published on a digital channel or similar (eg TV) without prior written permission of the Trademark owner. However, live classes/lessons on digital channels/platforms (e.g. social media channels Facebook, YouTube etc or via Zoom, Teams, Skype etc) are allowed providing that class/lesson is not recorded for viewing afterwards. For the avoidance of the doubt, permission is allowed for live sessions only.
- The FasciaMethod Trademark may be used in the instructors’ own printed materials only in accordance with the graphic instruction given by the Trademark owner.
- Any other use of the FasciaMethod Trademark in various materials, instruments, merchandise, supplies, clothing, etc. is subject to permission and is permitted only with prior written consent of the Trademark owner.
- The Trademark may not be modified, used in black and white, or colors may be altered.
- In written format, the first letter of the word “fascia” (f) is capitalized “F” and the first letter of the word “method” (m) is capitalized “M”. The words are written together in “FasciaMethod”.
- If the owner of the FasciaMethod Trademark detects breach of this agreement, or acts against the interests of the Trademark, Trademark owner have the right to terminate the use of the Trademark with immediate affect.