Terms and Conditions
This agreement applies as between you, the User of this Web Site and our Apps and Sublime Fitness Ltd, the owner(s) of this Web Site and our Apps. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site and our Apps. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site and our Apps immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio,
video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site and
our Apps;
“Service” means collectively any online facilities, tools,
services or information that Sublime Fitness Ltd makes available through the Web Site and our Apps either now or in the future;
“System” means any online communications infrastructure
that Sublime Fitness Ltd makes available through the Web Site and our Apps either now or in the future. This includes, but is not limited to,
web-based email, message boards, live chat facilities and email links;
“User” “Users” means any third party that accesses the Web Site and our Apps and is not employed by Sublime Fitness Ltd and acting in the course of their employment;
Intellectual Property
All Content included on the Web Site and our Apps, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property of Sublime Fitness Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site and our Apps you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site and our Apps unless otherwise indicated on the Web Site and our Apps or unless given express written permission to do so by Sublime Fitness Ltd.
Links to other Web Site and our Apps
This Web Site and our Apps may contain links to other sites. Unless expressly stated, these sites are not under the control of Sublime Fitness Ltd or that of our affiliates. We assume no responsibility for the content of such Web Site and our Apps and disclaim
liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site and our Apps does
not imply any endorsement of the sites themselves or of those in control of them.
Personalised Coaching Plan
Subject to your paying any fees due, and subject to you complying with these terms, we authorise you to obtain the benefit of the Service.
Products Descriptions and Prices
We do our best to ensure that the information about Services is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Services, or that Services will always be available if you wish to place an order to purchase them.
We reserve the right to modify the information about Services displayed on our Site, including as regards prices, description and availability. However, such changes will not affect orders for which you have already received an Order Receipt email.
Purchases
To complete a purchase, you first have to place an Order. Then, this Order has to be accepted by us.
To place an Order you must be 18 years of age or over. To place an Order you will have to select the service and, if you like, other optional services, and finally click on the “CONFIRM” button. We will not accept Orders placed in any way other than as detailed above.
When you place the Order through the Site you will receive an automated email confirming receipt of your Order. The Order Receipt email contains full details of your
Order. Please note the Order Receipt email is NOT already an acceptance of your Order.
When your Order is accepted by us, we send you an email confirming the same ("Confirmation email").
Once you receive the Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded. Such a contract is composed by: your Order; our Order Receipt and Confirmation emails; the then current Terms and Conditions shall apply.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, we discover that there was an error on our Site relating to the Service you ordered, for example as regards the price or description displayed; the Service you ordered are unfortunately no longer available; If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Services are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Services.
Cancellation and Refunds
You have the legal right to cancel your contract for a Coaching Plan within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the confirmation of the contract.
You expressly agree that we may begin supply of the Coaching Plan before the end of the 14-day cancellation period referred to in the previous paragraph. You also acknowledge that your legal right to cancel this contract as described in the previous paragraph will be lost when you receive our Coaching Plan because, at that
point, we will have begun the supply of the service to you.
To exercise your legal right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay. To meet the
cancellation deadline referred to, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the
cancellation period has expired.
If you cancel this contract, we will reimburse to you all payment received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any
event, you will not incur any fees as a result of the reimbursement.
The Web Site and our Apps may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Web Site and our Apps, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Web Site and our Apps. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
b. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Web Site and our Apps, and other users of the Web Site and our Apps to use your Contributions in any manner contemplated by the Web Site and our Apps and these Terms and Conditions.
c. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each
and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Web Site and our Apps and these Terms and Conditions.
d. your Contributions are not false, inaccurate, or misleading.
e. your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
f. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
g. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
h. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
i. your Contributions do not violate any applicable law, regulation, or rule.
j. your Contributions do not violate the privacy or publicity rights of any third party.
k. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
l. your Contributions do not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
m. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
n. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Web Site and our Apps in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Web Site and our Apps.
Contribution License
By posting your Contributions to any part of the Web Site and our Apps, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your
contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Web Site and our Apps.
You are solely responsible for your Contributions to the Web Site and our Apps and you expressly agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Web Site and our Apps; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Privacy
For the purposes of applicable data protection legislation, Sublime Fitness Ltd will process any personal data you have provided to it in accordance Privacy Policy available on the Sublime Fitness Ltd website or on request from Sublime Fitness Ltd.
You agree that, if you have provided Sublime Fitness Ltd with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Sublime Fitness Ltd and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Sublime Fitness Ltd’s website or otherwise provided a copy of it to the third party. You agree to indemnify Sublime Fitness Ltd in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Disclaimers
Sublime Fitness Ltd makes no warranty or representation that the Web Site and our Apps will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site and our Apps is intended to constitute advice and the Content of this Web Site and our Apps should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site and our Apps
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults.
To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Sublime Fitness Ltd accepts no liability for any disruption or non-availability of the Web Site and our Apps resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, Sublime Fitness Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site and our Apps or any information contained therein. Users should be aware
that they use the Web Site and our Apps and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Sublime Fitness Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Sublime Fitness Ltd.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is
expressly stated otherwise.
Notices
All notices /communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Sublime Fitness Ltd shall be governed by and construed in accordance with the Law of England and Wales and Sublime Fitness Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.