These general terms and conditions (hereinafter, the “T&Cs”) govern the relationship between YP Trainer S.r.l., with registered office at Via Salento no. 63, 00162 – Rome (RM), Italy, Tax Code and VAT No. 16171391002 (hereinafter, the “Company” or “YP Trainer”), owner of the website www.yptrainer.it (hereinafter, the “Website”), and the users who browse the Website (hereinafter, the “Users”).
Terms capitalized herein shall have the meaning assigned to them from time to time. Terms defined in the singular shall also include the plural and vice versa.
For the purposes of proper interpretation of these T&Cs, the following definitions shall apply, in addition to those defined elsewhere herein:
Affiliate: any legal entity with which the Company enters into a commercial affiliation or franchising agreement;
App: the “YP Trainer” mobile application, downloadable through available app stores (by way of example and not limitation: Apple Store and Google Play) for installation and use on mobile devices such as smartphones and tablets;
Content: by way of example and not limitation, images, reviews, videos and/or textual content published through the App by Professionals;
Professionals: the User who registers through the App in order to offer their professional services to Gym Lovers, including, by way of example and not limitation, personal trainers, athletic trainers and instructors of sports disciplines;
Services: the services offered by the Company through the Website;
Studios: spaces designated for the performance of sports and/or recreational activities that the Company offers to Users who have registered through the App.
The Website provides content intended to guide Users in selecting the Services available within the App, through detailed descriptions thereof. In order to use the services offered by Professionals, the User must register through the App.
Through the Website, the User may access the Services described in the sections listed below:
Are you a PT?: Users may obtain information on how to register as Professionals within the App and may submit their curriculum vitae through a dedicated form in order to apply for job opportunities offered by the Company.
Do you want to train?: Users may obtain information regarding available Studios in the areas of interest and the related Professionals.
Our Studios: a section listing all affiliated Studios, including details such as location, services offered and contact information.
Open your studio: Users may complete a form to request information about the commercial affiliation agreement by clicking on → “Request information” → “Start your own business”. In order to receive the brochure, the User must enter the following data in the relevant form: first name, last name, email address, phone number, and city of interest for opening the Studio. All data provided shall be processed in accordance with the Company’s privacy policy.
Get started now: by clicking on this section, the User is redirected to the link to download the App on their device. The App may only be downloaded by Users browsing the Website via a mobile device.
At the bottom of the Website page, under the “Useful links” section, the Website also provides access to a Blog, dedicated to articles and in-depth content related to the world of fitness and wellness.
The User undertakes to:
use the Website and the Services exclusively in compliance with these T&Cs and in accordance with lawful purposes and uses;
not encourage any violation of the Website’s operating standards;
not use the Website for commercial, advertising or unlawful proposals;
not carry out spam activities, including any publication that may in any way harm recipients or interfere with communication between Users;
not induce or incite criminal, degrading, defamatory, violent or discriminatory conduct based on sex, age, illness, religion, belief or condition;
not include or encourage involvement in activities that are dangerous, risky or harmful to personal health or psychological well-being;
not transmit viruses or other electronic or physical elements that may damage or interrupt the normal functioning of the network, system, computers or equipment;
not cause disruptions to the normal operation of the services.
All information published on the Website relating to specific topics, including, by way of example and not limitation, nutrition, wellness, training and fitness, is provided for informational purposes only.
The information contained on the Website does not in any way replace medical prescriptions, specialist consultations or the direct doctor–patient relationship.
The Company recommends that Users always consult their general practitioner and/or a specialist with regard to any information published in articles on the Website relating to physical or mental well-being.
The Company assumes no liability for improper use by Users of the information contained on the Website.
The User expressly undertakes to indemnify and hold harmless YP Trainer from any advice, suggestion or other activity that may relate to sports or recreational activities, insofar as contained in articles or any other material published on the Website.
The User declares to release the Company from any liability arising from any total or partial malfunction of the Website due to lack and/or partial availability of Internet services, including, by way of example and not limitation, network connection issues, service provider problems, unauthorized access, data alteration or malfunction of Users’ electronic devices.
The Company is the owner of the graphics, structure and any other element of the Website, including, by way of example and not limitation, the graphic layout, domain name, any registered trademarks, logos or other distinctive signs of YP Trainer, as well as articles and content published by the Company (hereinafter, the “IP Rights”).
The IP Rights may not be reproduced, imitated, disseminated, transmitted and/or used in any manner, whether in whole or in part, without the prior written authorization of the Company.
The User is not authorized to:
modify and/or copy the Website, extract its source code, translate its contents into other languages or create derivative versions thereof;
sell, assign, sublicense, transfer or distribute the Website.
The Company reserves the right to amend and/or update, at any time, in whole or in part, these Website T&Cs.
Any amendment and/or update to the T&Cs shall become binding upon publication on the Website.
These T&Cs replace and supersede, for all legal purposes, any previous terms and conditions of use of the Website accepted by Users.
These Website T&Cs are governed by Italian law.
Any dispute, controversy or claim arising out of or relating to these Website T&Cs, or their breach, termination or validity, shall be subject to the exclusive jurisdiction of the Court of Rome.
If the User qualifies as a consumer, the provisions of the Italian Consumer Code shall apply.
Pursuant to Article 14 of Regulation (EU) No. 524/2013, a consumer User may also submit a complaint through the European Union ODR platform, available accessible at:
http://ec.europa.eu/consumers/odr/