1	PERSONAL TRAINING Prerequisite to commencement of training All clients must complete the PAR-Q (Pre-Readiness Activity Questionnaire) which will include; Health/Medical questions, exercise history and previous injuries. When applicable we will need a signed Doctor’s referral letter.
2	Late Cancellation Window Personal training sessions that are not rescheduled or cancelled 8 hours in advance will result in forfeiture of the session.
3	Tardiness If the client arrives more than 15 minutes late for the scheduled appointment, forfeiture of the session and monies paid will result.
4	Session Length Sessions range from 30 to 60 mins, and the session begins at the scheduled meeting time unless otherwise stated.
5	Session Schedule Only personal training clients have access to our private studio on the days and times they are scheduled.
6	Cool Off Period Refunds will be given if a written request is submitted within 5 business days of purchase with receipt only and NO sessions have been used.
7	Refunds No refunds will be issued once the first session with your trainer has been scheduled, whilst if opting for paying upfront, sessions cannot be carried forward from one month to another.
8	Force Majeure Should your personal trainer be prevented from executing their obligations by force majeure, such as exceptional weather conditions, flood, fire, war, industrial action, disruption to mechanical or electrical supplies or other unforeseen events, and this is unavoidable, in such circumstances, the trainer shall not be deemed to be in breach of this contract
9	Holiday & Time Off The personal trainer will provide the client with one week’s notice of any forthcoming holidays for which the trainer will be unavailable, likewise, the client agrees to do the same
10	Price Changes Session costs are subject to economic conditions, inflation and annual reviews of pricing structures and therefore can be changed at any time; written notification will be provided in the case of price increases to services.
11	Non-Payment We reserve the right to cancel this contract for non-payment of services.

General Terms

Terms and Conditions – AMA Fitness

DATA PROTECTION POLICY

Introduction

AMA Fitness is committed to protecting the privacy and protection of data of our clients, customers, partners, employees and all other persons in respect to whom personal data has been collected. (hereinafter the “Data Subjects”). AMA Fitness will only collect personal data in a lawful, fair and transparent manner, limited to the purposes for which it has been collected, keep accurate and up-to-date as much as possible, whilst ensuring secure storage, integrity and confidentiality of the personal data collected.

All data is collected and processed in accordance to the General Data Protection Regulation (EU) 2016/679 (“GDPR”), Data Protection Act 2001 (the “Act”) and other subsidiary legislation (collectively referred to as “Data Protection Laws”.

What is the purposes of this Data Protection Policy (the “Policy”)?

This Policy sets out the following:

What personal data we collect and process about you in connection with your relationship with us as;
Where we obtain the data from;
What we do with that data;
How we store the data;
Who we transfer/disclose that data to;
How we deal with your data protection rights;
And how we comply with the data protection rules.
All personal data is collected and processed in accordance with the Data Protection Laws.

Data Controller

“AMA Fitness” (referred to as “we”, “us”, “our” or the “Company” in this policy) in this policy is the trading/branding name which is collectively administered by Daniel Cassar (VAT 29646432) is the “data controller” of all personal information that is collected and used about AMA Fitness customers for the purposes of the Data Protection Laws.

What personal data we collect

Personal data means any information relating to you which allows us to identify you, such as your name, contact details, payment details and certain health information. We may collect personal data from you through our physical forms, through our website (https://amafitness.mt/) (the “Website”), through our contracts, any other designated or specific form or from your employer in the case of a corporate membership.

Specifically, we may collect the following categories of information:

Name, home address, e-mail address, telephone number, passport or other recognized personal ID card numbers and details, bank account details of the Company’s Data Subjects;
Data concerning health and facial images which we will process exclusively for (a) the protection of our data subjects’ vital interests (in the case of medical emergency, security or when advising you on a fitness or nutrition programme) or (b) where specific consent has been provided or (c) in the case of employees to allow the Company to fulfil its obligations in terms or employment, social security and social protection laws;
Information about your use of our Website; and
The communications you exchange with us or direct to us via letters, emails, calls, completion of AMA Fitness forms and social media.

Uses of personal data

Your data may be used for the following purposes:

Performing our contractual obligations in your favour;
Providing products and services you request: we use the information you give us to perform the services you have asked for in relation to your membership at AMA Fitness clubs;
We use your payment information for accounting, billing, payment of salaries and audit purposes and to detect and / or prevent any fraudulent activities;
Administrative or legal purposes: we use your data for statistical and marketing analysis, systems testing, customer surveys, maintenance and development, or in order to deal with a dispute or claim.
Security, health, administrative, crime prevention/detection: we may pass your information to government authorities or enforcement bodies for compliance with legal requirements;
Customer Services communications: we use your data to manage our relationship with you as our customer and to improve our services and enhance your experience with us; and
Provide tailored services: we use your data to provide information we believe is of interest to you and to personalise the services we offer to you, such as our training and nutrition services.

We will only process your personal data where we have a legal basis to do so. The legal basis will depend on the reasons we have collected and need to use your personal data for. In most cases, we will need to process your personal data so we can fulfil our contractual obligations with you.

We may also process your personal data for one or more of the following purposes:

To comply with a legal obligation;
You have consented to us using your personal data;
To protect your vital interests or those of another person (e.g. medical emergency);
It is in our legitimate interests in operating as a number of fitness centres in Malta.

Only persons aged 18 or over can provide their own consent. For children under this age, consent of the children’s’ parents or legal guardians is required.

We will not retain your data for longer than is necessary to fulfil the purpose it is being processed for. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the purposes for which we process it and whether we can achieve those purposes through other means. We must also consider periods for which we might need to retain personal data in order to meet our legal obligations or to deal with complaints, queries and to protect our legal rights in the event of a claim being made.

When we no longer need your personal data, we will securely delete or destroy it. We will also consider if and how we can minimise over time the personal data that we use, and if we can anonymise your personal data so that it can no longer be associated with you or identify you, in which case we may use that information without further notice to you.

Security

We follow strict security procedures in the storage and disclosure of your personal data, and to protect it against accidental loss, destruction, breach or damage.

Sharing of Personal Data

We will not share your personal data with any third parties, unless such sharing is required by law or expressly consented by you.

Cookies Policy

The Website site uses cookies to enable us to improve our service to you and to provide certain features that you may find useful. This may include cookies of media and advertising partners that are being placed on your machine when visiting our Website. Please visit our partners’ websites for information on their privacy and cookie policy.

Cookies are small text files that are transferred to your computer’s hard drive through your web browser to enable us to recognise your browser and help us to track visitors to our site; thus enabling us to understand better the products and services that will be most suitable to you. A cookie contains your contact information and information to allow us to identify your computer. Most Web browsers automatically accept cookies, but, if you wish, you can change these browser settings by accepting, rejecting and deleting cookies. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to change these settings, you may find that certain functions and features will not work as intended. The cookies we use do not detect any information stored on your computers.

For more information about cookies and how to stop cookies being installed visit the following website: http://www.allaboutcookies.org.

Data Protection Contact Person

AMA Fitness does not fulfil the requirements for the appointment of a Data Protection Officer as contemplated by Article 37(1) of the GDPR. In order to comply with the spirit of the Data Protection Laws, the Company has designated Mr. Daniel Cassar as the Company’s Data Protection Contact Person. Any notification to be sent under this Policy to the Company shall be sent to Mr. Daniel Cassar on the following email address: daniel@amafitness.mt or mobile number: +356 9910 4948

Your data protection rights

Under certain circumstances, by law you have the right to:

Request information about whether we hold personal information about you, and, if so, what that information is and why we are holding/using it.
Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
Object to processing of your personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground.
Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
Request transfer of your personal information in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format.
Withdraw consent. In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

If you want to exercise any of these rights, then please submit a notification in writing to the Company’s Data Protection Contact Person as set out above. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Changes to Data Protection Policy

This Policy may change from time to time and any changes thereto will be communicated to you by way of a notice on the Website.

Vers. dated 22 May 2018

ONLINE PURCHASES

Conditions of Use

These terms and conditions govern the purchases of various products, supplements and equipment (the “Products”) made by the users of the website https://amafitness.mt/ (the “Website”) and your relationship with AMA Fitness which is the trading/branding name which is collectively administered by Daniel Cassar. Please read these Terms closely as they will affect your rights and liabilities under law with respect to the purchase of the Products. If you do not agree to these Terms, please do not access or continue to use the Website.

1. Agreement
By using the Website, in relation to the purchase of the Products, you agree to be bound by these Terms.

2. Amendments

We reserve the right to:

Amend and update these Terms from time to time, with any changes being notified by a notification on the Website. It is your responsibility to check for such updates or amendments. The changes will only apply to the purchase of the Products through the Website after we have issued such a notification. If you do not wish to accept the new terms then you should not continue to use the Website. If you continue to use the Website
after the date on which any changes have been notified then your use of the Website constitutes your agreement to be bound by the new terms; and
Modify or withdraw, either temporarily or permanently, the Website and the material contained within (or any part thereof) without providing notice to you. You confirm that we are not liable to you for any such modification to or withdrawal of the Website or its contents.

3. Registration

You warrant that:

The personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
You are not impersonating any other person or entity.
You will notify us immediately of any changes to your personal information by e-mailing or telephoning our Data Protection Contact Person:
– e-mail address: daniel@amafitness.mt
– Contact Number: +356 9910 4948

4. Data Protection Policy

All your personal data will be processed in accordance with our Data Protection Policy which is also available on the Website.

5. Protecting Your Security

In order to collect payment for your order we use Paypal. Paypal carries out and is responsible for, all the necessary validations taken to protect your security and confirm your payment. We take the risk of internet fraud extremely seriously. We make every effort to ensure all orders are fraud checked using the information already provided, however there is a possibility that we may need to contact you in order to make additional security checks and we ask for your co-operation in these circumstances. Fraud is a criminal offence and any fraudulent transactions will be reported to the applicable authorities.

6. Indemnity

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you or anyone else acting on your behalf, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.

7. Third Party Links

For the convenience of our customers, the Website may include relevant links to other websites or material, which is beyond our control. We are not responsible for such websites or material, nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy/data protection practices or content of such websites or material, nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

8. Orders

All orders are subject to acceptance and availability. If the Products ordered are not available, you will be notified by e-mail or telephone as soon as possible to inform you of this. You will have the option either to wait until the item is available from stock, exchange it for alternative item/s or cancel your order.

Any orders placed by you will be treated as an offer to purchase the Products from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase the Products advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit/debit card or PayPal account; or, (ii) dispatch your order, whichever is the later.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.

9. Price and Payment

All prices shown are inclusive of VAT, where applicable, at the current rates and are correct at the time of publishing. We do reserve the right, however, to change prices at any time without notice to you.

Payment can be made by using most credit/debit cards or PayPal. Payment will be debited from your account before dispatch of your order. If payment is to be made via a credit card a pre-auth amount may be held against the card until the card issuer has validated the payment.

In the unlikely event that the price offered to you at the checkout page is wrong, and we discover this before acceptance of your order, we are not required to sell the Products to you at the price shown. We always try to ensure that the prices of the Products shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the Products that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price, changing it to alternative item/s or cancelling it. If you cancel your order and you have already paid for the Products, then you will receive a full
refund.

You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.

Where applicable, you may only use one discount code per order. We reserve the right to reject or cancel any orders where you use more than one discount code. A discount code or discount voucher cannot be applied retrospectively to an order that has already been processed by us. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Please familiarise yourself with these Terms before you place an order as we reserve the right to reject or cancel any orders which do not comply with these
Terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail.

10. Eligibility to Purchase

To be eligible to purchase Products on this Website, and lawfully enter into and form contracts
on this Website, under Maltese law you must:

If an individual, be 18 years of age or over; and
Register your real name, address, phone number, e-mail address any other details
requested; and

By offering to purchase Products you represent to us that you are 18 years of age or over and authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

11. Intellectual Property

The content of the Website is protected by copyright, trade marks, database and other intellectual
property rights and you acknowledge that the material and content supplied as part of the
Website shall remain with us or our licensors.

12. Limitation of Liability

Notwithstanding any other provision in the Terms, nothing in these Terms:

Affects or limits your rights as a consumer under Maltese law; or
Will exclude or limit our liability for death or personal injury resulting from our
negligence.

The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet.

Whilst we will try to ensure that Website material is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website then we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

Incompatibility of the Website with any of your equipment, software or
telecommunications links.
Technical problems including errors or Website interruptions.
Unsuitability, unreliability or inaccuracy of the Website.
Inadequacy of the Website to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you or any
third party for any consequential or incidental damages (both of which terms includes, without

limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings,
wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive
damages whatsoever that arise out of or are related to the Website.

13. Severance

If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that
part shall be deemed severable from these Terms and shall not affect the validity and
enforceability of any remaining provisions of these Terms.

14. Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any
provision.

15. Entire Agreement

These Terms form the entire basis of any agreement reached between you and us. These Terms
shall also operate independently of any other terms pertaining to other services and included on
the Website.

16. Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Malta and any
disputes will be decided only by the Maltese courts.

17. Matters Beyond Our Control

We shall not be held liable for any breach of these Terms caused by circumstances outside our
control including, but not limited to, Acts of God, explosions, fire, lightning, severe weather,
war, disorder, flood, industrial disputes (whether or not involving our employees), acts or
omissions of Internet Service Providers (ISP) or acts of local Government, central Government
or other competent authorities.

18. Language

In the event that there is an inconsistency or misunderstanding in relation to the Terms, due to a
translation provided by us, then the English language version of these Terms shall always
prevail.

PERSONAL TRAINING

General Terms

DATA PROTECTION POLICY

ONLINE PURCHASES