14. OUR SITE
14.1 Changes to our Site:
(a) We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it;
(b) We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
14.2 Accessing our Site:
(a) Our landing page and other information pages are available free of charge but the members’ area forms part of our Services for which we charge a membership fee;
(b) We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period;
(c) You are responsible for making all arrangements necessary for you to have access to our Site;
14.3 Your account and password:
(a) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party;
(c) If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
15. INTELLECTUAL PROPERTY RIGHTS
15.1 Intellectual Property Rights (IPR) means patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
15.2 We are the owner or the licensee of all IPR in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
15.3 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use but you may not distribute such material.
15.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics. You may only download such material to assist with your own use of the Services.
15.5 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
15.6 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us.
16. UPLOADING CONTENT TO OUR SITE
16.1 Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy
16.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
16.3 Any content you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
16.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
16.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
16.6 We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
16.7 The views expressed by other users on our Site do not represent our views or values.
17.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
17.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
17.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
18. LINKING TO OUR SITE
18.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
18.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
18.3 You must not establish a link to our Site in any website that is not owned by you.
18.4 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
18.5 We reserve the right to withdraw linking permission without notice.
18.6 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy
18.7 If you wish to make any use of content on our Site other than that set out above, please contact [email protected]
19. THIRD PARTY LINKS AND RESOURCES IN OUR SITE
19.1 Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only.
19.2 We have no control over the contents of those Sites or resources.
20. EVENTS OUTSIDE OUR CONTROL
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
20.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under an Agreement:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
21. COMMUNICATIONS BETWEEN US
21.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
(a) To cancel an Agreement in accordance with your legal right to do so as set out in clause 8,
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail to [email protected]
by pre-paid post to Marc Dressen Personal Training, 78 York Street London GB W1H 1DP.
21.2 If we have to contact you or give you notice in writing, we will do so using the e-mail address you provided upon joining.
22. OTHER IMPORTANT TERMS
22.1 We may transfer our rights and obligations under an Agreement to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
22.3 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Agreements (Rights of Third Parties Act) 1999 or otherwise.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.6 Please note that these Terms are governed by English law. This means an Agreement for the purchase of the Services through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.