1.1 Thank you for visiting www.thefitnessproject.co.uk (“the Website”). The Website is operated and owned by Fit 4 Gold Limited (“we”, “us”, “our” or “Fit4Gold”). Our registered address is Floor 15, 111 Piccadilly, Manchester, M1 2HX, United Kingdom. Registered in England and Wales, Company number 8193255.
1.2 By subscribing to Fit 4 Gold via the Website, you agree to follow the instructions provided on the Website and agree to the following Terms and Conditions. Once your application for subscription to Fit 4 Gold has been accepted by Fit 4 Gold in accordance with these Terms and Conditions, you shall become a member of Fit 4 Gold (“you”, “your”, or “Member”).
1.4 We may change our Terms from time to time and may do so without notice. We will let you know what these changes are by updating them to this page, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page, therefore if you continue to use the Website after the posting of these changes to the Terms, it means that you accept such changes.
1.5 You must be at least 18 years old to use the information on this Website and to apply for Membership to Fit 4 Gold. Fit 4 Gold reserves the right to deny services to anyone and to refuse any applications for Membership, in its own discretion, and no-one shall become a Member of Fit 4 Gold until they receive a confirmation email from Fit 4 Gold confirming that their application for Membership has been accepted. Once an applicant has received an email from Fit 4 Gold confirming that their application for Membership has been accepted, then that applicant shall become a ‘Member’ of Fit 4 Gold and subject to the provisions of these Terms.
3.1 Our Website may include links to, or details of information provided from other resources or internet sites. You take full responsibility for the use of any other sites and for using (or making the decision to use) any information obtained from such sites, purchase any of the products or services mentioned on another internet site and we shall not be liable in relation to any information provided on sites linked through from the Website. Remember your contract for any such other products and services will be with the provider of that internet site, not with us.
3.2. We are happy for you to link to our Website if you comply with the provisions of this Clause 3, and all applicable laws. Any site, service, company or individual that links to our Website must not:
3.2.1 change, alter or distort any content on the Website;
3.2.2 misrepresent its relationship, or present false information about Fit 4 Gold and/or any third parties referenced on the Website or information regarding other Members;
3.2.3 be a site that does not comply with all relevant laws and regulations or a site that contains content which could be considered as distasteful or offensive.
If you breach any of the terms in this Clause 3, we have the right to require your link(s) to be removed and to take any appropriate legal action.
4 Access to member-only content on the Website
4.2 Your right to use and access the Membership area of the Website is personal to you, and you must not allow any other person to gain access to the Membership area of the Website using your username and password. You must keep your username and password confidential.
4.3 You are entitled to use and access the Membership area of the Website from the time you receive a username and password by email until your Membership subscription is cancelled, or until your Membership is terminated in accordance with these Terms. Your username and password will be disabled by us at the time your Membership period expires, or upon termination in accordance with these Terms.
5 Our content
5.1 The copyright, trade marks, designs and any other intellectual property rights (“Intellectual Property Rights”) within this Website are owned by Fit 4 Gold or by third parties that have given us permission to use them. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms or by Fit 4 Gold with explicit prior written consent. Any unauthorised use of the images or other content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes. You acknowledge that damages may not be an adequate remedy for any infringement of our Intellectual Property Rights and that we shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights.
6 Your content
6.1 Once you have registered as a Member you may post comments on our Website in the Community Forum and/or blogs. The Member agrees to only post comments or information on the Community Forum and/or blogs in accordance with Clause 7 below and any other terms included on our Website. You acknowledge that any comments and/or information placed by you on the Website is entirely at your own risk and that Fit 4 Gold is not responsible for any comments made or actions taken by others from the posting of your comments and/or information. Fit 4 Gold does not verify the accuracy or truth of any comments and/or information placed by Members on the Website and Fit 4 Gold shall not be liable for an inaccuracies or untruths placed by Members on the Website.
6.2 You own any copyright in the text you post to our Community Forums and/or blogs within the Website. However, when you post any text, you expressly grant us a perpetual, unlimited, irrevocable free licence to republish that text on the Website, or as part of an edited compilation anywhere in the world.
7 Community Forum
7.1 We encourage the sharing of information of our Members in our Community Forum on the Website. However, we do require you to use our Community Forum in a lawful manner and in accordance with these Terms. You may not use the Community Forum for any illegal purpose and in particular, if you want to submit material to the Community Forum you must do so under the following terms and conditions. You must not:
7.1.1 post libellous or defamatory comments;
7.1.2 post anything relating to any ongoing or pending trial;
7.1.3 post content which you have copied from someone else (i.e. you do not own the copyright);
7.1.4 use profane language;
7.1.5 post or transmit any files containing viruses or other harmful computer code;
7.1.6 post a personal insult about another user/Member or contravene the privacy of any other person on the Website;
7.1.7 post xenophobic, homophobic or racist remarks;
7.1.8 post pornography, links to pornography or links to any other inappropriate sites;
7.1.9 advertise or solicit in any manner, or use the Community Form and/or the Website for any commercial or professional purpose;
7.1.10 post the same note more than once or ‘spam’
7.1.11 impersonate another person;
7.1.12 after receiving a warning, disrupt the flow of dialogue, or post or transmit comments not related to the topic being discussed.
7.2 Please be aware the posting of information in the Community Forum is the opinion of the person posting them only and in no way reflects our opinions or attitudes. We operate an open Community Forum and sometimes messages are posted that could be misleading. You should therefore not rely on information within the Community Forum being accurate or complete. If you do, you do so at your own risk.
7.4 We encourage you to contact us if you ever feel a post violates our rules. Please use the Report link in the Community Forum section or by contacting us via our contact form.
7.5 If you feel you have been threatened, damaged or abused in our Community Forum or if you believe any infringement of your rights may have occurred through this Website, please contact us via our contact form.
8.1. Please see our separate document which details our Disclaimer in relation to the Website.
8.2 Fit 4 Gold shall operate the Website and provide the services set out on the Website with reasonable skill and care.
8.3 In addition to the terms of the Disclaimer, we shall not be liable for any dissatisfaction the Member may suffer in connection with the Website and/or services of Fit 4 Gold.
8.4 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
8.5 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or in connection with the use, inability to use or the results of use of this Website.
8.6 Subject to the foregoing, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to £5,000.
8.7 By agreeing to these Terms, Members agree to fully and effectively indemnify us against all third party claims, costs, losses and/or liabilities relating to this contract and a Member’s usage of the Website or actions in relation to the Website.
9.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
9.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
9.3 These Terms, and any document referred to herein, represent the entire agreement between us and the Member for the provision of any services and the Website and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, in relation to the services. The Member acknowledges that, in entering into the contract with Fit 4 Gold on these Terms, that it has not relied upon any representation, undertaking or promise by Fit 4 Gold or be implied from anything said or written between the parties prior to the contract being finalised, except as expressly stated in these Terms. The Member shall have no remedy in respect of any untrue statement made by Fit 4 Gold, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the Member’s only remedy shall be for breach of contract as provided in these Terms.
9.4 These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.
9.5 These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or the subject matter contained within the Terms.