TERMS AND CONDITIONS
This website is owned and operated by Olga Tucakov of 6a Grange road, SE1 3BE, London, United Kingdom, under the official business name Tatmala. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
1. These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Olga Tucakov, the owner and operator of this Website. 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.
2. In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Olga Tucakov and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Olga Tucakov and accessing the Website in connection with the provision of such services.
3. In order to use our website and/or receive our services, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
4. All Content included on the Website, unless uploaded by Users, is the property of Olga Tucakov, our affiliates or other relevant third parties. In these terms and conditions, 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, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such 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 displayed on the site without the owner's prior written permission.
You may, for your own personal, non-commercial use only, do the following: a) retrieve, display and view the Content on a computer screen or b) 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 Olga Tucakov.
5. By providing any content for distribution by us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content.
6. If you send comments or suggestions about the Website to the us, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Olga Tucakov. No submission shall be subject to any obligation of confidence on the part of Olga Tucakov. We shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgement or compensation to you.
7. We are not medical practitioners or registered dieticians. We strongly recommend that prior to commencing any diet or exercise regime that you consult a medical practitioner and/or registered dietitian first.
We have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
8. You acknowledge that when participating in any exercise program that there is the possibility of physical injury.
9. Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgement, as well as any other considerations, before acting on any of the content provided by us.
10. Where we provide you with a Personal Plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise programme. Accordingly any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgements that are available to you.
11. Any Personal Plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Personal Plan.
Before taking any action in relation to a Personal Plan, you must take into account any other factors apart from the Personal Plan of which you are or ought to be aware.
12. The information set out in any Personal Plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
13. You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Personal Plan.
14. Any information that we provide that does not form part of a Personal Plan, whether obtained through our website, e-book, video course, social media (such as Facebook, Instagram or Twitter) or otherwise, is provided for the purposes of general information only.
15. While we believe that for most people, following our programmes and methods will lead to desired results, all exercise programmes depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our programme, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:
a) the effectiveness any techniques, diets or programmes that we deliver; or
b) the results that you may achieve as a result of following our programs.
16. All testimonials contain shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.
17. You may not use the Website for any of the following purposes:
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;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
SIGN-UP AND PURCHASES
18. You must ensure that the details provided by you upon sign up or at any time are correct and complete.
19. You must inform us immediately of any changes to the information that you provide when signing up by updating your personal details to ensure we can communicate with you effectively.
20. We may cancel your subscription with immediate effect for any reasonable purposes or if you breach these terms and conditions.
21. When you register with us and/or this Website, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by e-mail.
22. When buying an item (on-line training programme or a block of sessions) you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
23. The prices we charge for using our services/products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
24. We operate on a scheduled hourly appointment basis for private training sessions. Therefore, when cancelling or rescheduling an appointment, you are required to provide more than 24 hour notice, for which no additional levy shall be incurred.
25. If you cancel a session LESS than 24 hours to the scheduled time, you shall be charged in full for that training session, while your trainer will utilize that time in working on your fitness program. You are entitled to a one-time cancellation fee waiver, whereby you can cancel a session in less than 24-hours, at no additional charge.
26. All cancellations have to be done by communicating directly with Olga Tucakov by phone or text message on 07507120193.
27. Should your personal trainer cancel a session with less than 24-hour prior notice, you shall be entitled to one free session upon rescheduling. This free session must be redeemed within 7 days of cancelling the previous one or shall be forfeited.
28. However, should your personal trainer cancel a session with MORE than 24-hour notice, you shall be entitled to no free session, but the training session shall be rescheduled within 7 days to ensure consistency and progress in your fitness programme.
29. This website and the information contained in it is provided for information purposes only. We make no representations or warranties in relation to this website or the information and materials provided on this website.
30. Without prejudice to the generality of any other clause contained in this disclaimer, We make no warranties or representations that the information on this website:
a) is complete, true, accurate or non-misleading; and
b) is right for You.
LIMITATION OF LIABILITY
31. We shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
33. In no event shall Olga Tucakov be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the company has been advised or is aware of the possibility of such damages.
34. You agree to indemnify and hold Tatmala and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Website, (iv) your use of the Website or any services that we may provide via the Website, and (v) your conduct in connection with the Website or the services or with other users of the Website or the services. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Olga Tucakov with such cooperation as is reasonably requested by us.
LINKS TO OTHER WEBSITES
35. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Olga Tucakov 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 them.
36. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
38. 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.
39. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
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.
41. 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, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
42. 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.
43. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
44. You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
You can contact Olga Tucakov by email on