Terms & Conditions
DK Fitness Ltd – WEBSITE TERMS and CONDITIONS
Updated date: April 13, 2020
We are DK Fitness Limited and we own and operate this website (‘Site’).Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.You are responsible for all access to the Site using your Internet connection, even if the access is by another person.We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site. The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission. We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude: all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site. We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not: use the Site for any fraudulent or unlawful purpose; use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make; interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks; transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment; reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site; modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information; remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site; frame or mirror any part of the Site without our express prior written consent; create a database by systematically downloading and storing Site content; use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
We reserve the right to revoke these exceptions either generally or in specific instances.
The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk. You may create a link to this Site, provided that: the link is fair and legal and is not presented in a way that is:
i. misleading or could suggest any type of association, approval or endorsement by us that does not exist, or
ii. harmful to our reputation or the reputation of any of our affiliates;
you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so; These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site. These Terms of Use will be governed by and construed in accordance with the laws of England, and the courts of England will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.
Disclaimer
1. Definition
1.1. In this Disclaimer the following has the corresponding meanings:
“Claims” means any past, present or future, actual or contingent, claim, cause of action, complaint, liability, cost or expense that You have, had, may or might have in connection with or arising in any way in relation to Us, this website or the use of the information, meal plans or programs contained in this website regardless of whether the fact, matters or circumstances giving rise to that Claim are known to You or any other person at the date of viewing this website or relying on the contents therein;
“Us” means DK FITNESS LTD including our agents, contractors and employees;
“We” means DK FITNESS LTD including our agents, contractors and employees;
“You” means any and all users of this website whether subscribing members or casual users.
2. Use of this website
2.1. By accessing this website You expressly agree to be bound by the terms and conditions set out in this disclaimer.
3. Adults
3.1.
The information contained in this website is intended for people 18 years of age or older. If you are not 18 years of age or older you should not be using this website or the information contained in it.
4. Medical
4.1.
We are not medical practitioners or dietitians. We strongly recommend that prior to commencing any diet or exercise regime that You consult a medical practitioner and/or dietitian.
4.2.
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.
4.3. You acknowledge that when participating in any exercise or exercise program that there is the possibility of physical injury.
5. No warranties
5.1.
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.
5.2. 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.
6. Risk
6.1. By using this website or the information contained in it, You expressly acknowledge and agree that You:
a) do so voluntarily and at your own risk and liability; and
b) assume all risk of injury to You.
7. External Information
7.1.
This website may use external information, suggestions or links to other websites. We are not responsible for the accuracy of that information, suggestions or links and do not endorse the content therefrom.
8. Limitations of liability
8.1.
We will not be liable to You in any way in relation to the contents of, or use of, or otherwise in connection with, this website or the information contained in it, whether for negligence or any other cause of action.
9. Release & Indemnity
9.1. You release Us from and indemnify Us against any and all Claims.
9.2. You agree that You will not bring any Claims against Us.
10. Reasonableness
10.1. By using this website, You agree that the exclusions, limitation of liability, release and indemnities set out in this disclaimer are reasonable.
11. Unenforceable provisions
11.1. If any provision of this disclaimer are, or are found to be, unenforceable under any applicable law, that will not affect the enforceability of the other provisions of this disclaimer.
12. Refund Policy
Online Personal Training (with or without calls) (custom online training) does not offer any refunds as this is a custom made subscription product, but you may cancel future subscriptions at anytime via your account. If cancelled after renewal has been processed cannot be refunded.
6 Month training packages are purchased at a reduced rate and once started are not refundable. If you sustain an injury we can pause until ready to re-start.
LetsLiveFit does not offer any refunds as this is a subscription product, but you may cancel future subscriptions at anytime via your account.
Super8 & Transform have a full refund policy as advertised.
Contact
DK Fitness Ltd
South Lodge
Pinewood Studios
Iver
Bucks SL0 0NH
Tel: 01753 657000
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