Terms and conditions of use

Introduction

These terms and conditions shall govern your use of our website

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website

If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

You must be at least 16 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age.

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

Changes to the Agreement. We may, in our sole discretion, make changes to this Agreement from time to time. Any changes we make will become effective when we post a modified version of the Agreement to our Website, and we agree the changes will not be retroactive. If we make any material changes to the Agreement, we’ll also notify you within the Software Service or by sending you an email. If you continue using the Services after any changes, it means you have accepted them. If you do not agree to any changes, you must stop using the Services, and you can terminate your account by emailing info@hiitnfit.com. It is your obligation to ensure that you read, understand and agree to the latest version of the Agreement that’s posted on our Website. The legend at the top of the Agreement indicates when it was last changed

Copyright notice

Copyright (c) 2017 HiitnFit

Subject to the express provisions of these terms and conditions:

  • we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
  • all the copyright and other intellectual property rights in our website and the material on our website are reserved.

License to use website

You may:

  • view pages from our website in a web browser;
  • download pages from our website for caching in a web browser;
  • print pages from our website;
  • view and purchase exercise classes
  • stream audio and video files from our website; and
  • use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

  • republish material from our website (including republication on another website);
  • sell, rent or sub-license material from our website;
  • show any material from our website in public;
  • exploit material from our website for a commercial purpose; or
  • redistribute material from our website

Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable use

You must not:

  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • aconduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  • access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
  • violate the directives set out in the robots.txt file for our website]; or
  • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must not use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

Registration and accounts

You may register for an account with our website by completing and submitting the account registration form on our website.

You must not allow any other person to use your account to access the website

You must notify us in writing immediately if you become aware of any unauthorised use of your account.

You must not use any other person's account to access the website, unless you have that person's express permission to do so].

User login details

If you register for an account with our website, you will be asked to choose a user ID and password.

Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

You must keep your password confidential.

Passwords can be reset on line by selecting the forgot password link on the sign up page.

You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Payment Terms

You agree to pay HiitnFit the Subscription Fees and any other applicable fees stated on HiitnFit.com or otherwise specified in this Agreement. All payment obligations under this Agreement are non-cancelable and all fees paid are non-refundable. Unless otherwise stated, fees must be paid in advance of each billing period. You will provide HiitnFit with valid and updated credit card information or another form of payment acceptable to HiitnFit. If you provide credit card information, you represent that you are authorized to use the card and you authorize HiitnFit to charge the card for all payments hereunder. By submitting payment information, you authorize HiitnFit to provide that information to third parties for purposes of facilitating payment. You agree to verify any information requested by HiitnFit for purposes of acknowledging or completing any payment.

Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with purchases and transactions under this Agreement. If HiitnFit is legally required to pay or collect any Taxes on your behalf, HiitnFit will invoice you and you will pay the invoiced amount. For clarity, HiitnFit will be solely responsible for taxes assessed on HiitnFit based on its income.

Cancellation and suspension of account

We may:

  • suspend your account; and / or
  • cancel your account;

at any time in our sole discretion without notice or explanation.

Your content: license

In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and, with your specific consent, publish your content on and in relation to this website.

You grant to us the right to sub-license the rights licensed under Section 10.2.

You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.

You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Your content: rules

You warrant and represent that your content will comply with these terms and conditions.

Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these terms and conditions, must not:

  • be libellous or maliciously false;
  • be obscene or indecent;
  • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • infringe any right of confidence, right of privacy or right under data protection legislation;
  • constitute negligent advice or contain any negligent statement;
  • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  • be in contempt of any court, or in breach of any court order;
  • be in breach of racial or religious hatred or discrimination legislation;
  • be blasphemous;
  • be in breach of official secrets legislation;
  • be in breach of any contractual obligation owed to any person;
  • depict violence in an explicit, graphic or gratuitous manner;
  • be pornographic, lewd, suggestive or sexually explicit;
  • be untrue, false, inaccurate or misleading;
  • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  • constitute spam;
  • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  • cause annoyance, inconvenience or needless anxiety to any person.

Limited warranties

We do not warrant or represent:

  • the completeness or accuracy of the information published on our website;
  • that the material on the website is up to date; or
  • that the website or any service on the website will remain available.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website

To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

General Disclaimer

No express or implied warranties of any type, including for example implied warranties of merchantability or fitness for a particular purpose, are made with respect to the information, or any use of the information, on this site. HiitnFit makes no representations and extends no warranties of any type as to the accuracy or completeness of any information or content on this web site.

HiitnFit specifically disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of the use or misuse of any of the information or content on this website. HiitnFit assumes or undertakes NO LIABILITY for any loss or damage suffered as a result of the use or misuse of any information or content or any reliance thereon.

You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in exercise or an exercise program promoted through HiitnFit.com, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge HiitnFit.com from any and all claims or causes of action, known or unknown, arising out of HiitnFit's negligence.

Limitations and exclusions of liability

Nothing in these terms and conditions will:

  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:

  • are subject to Section 14.1; and
  • govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

YYou accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

  • send you one or more formal warnings;
  • temporarily suspend your access to our website;
  • permanently prohibit you from accessing our website;
  • block computers using your IP address from accessing our website;
  • contact any or all of your internet service providers and request that they block your access to our website;
  • commence legal action against you, whether for breach of contract or otherwise; and/or
  • suspend or delete your account on our website

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Variation

We may revise these terms and conditions from time to time.

The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

Subject to Section 14.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law.

Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

Our details

This website is owned and operated by HiitnFit

You can contact us:

  • using our website contact form;
  • by email, info@hiitnfit.com