TERMS OF USE AND APPLICABILITY

This is the website (the Site) of Gym & Fitness Equipment Suppliers Ltd (Gym & Fitness) a company registered in England and Wales with company registration number 11086649. By accessing and using this Site you declare that you understand, accept and will comply with the Terms or otherwise refrain from accessing the Site.

OWNERSHIP OF SITE CONTENT

  1. Site Content. All materials, including all images, software, text and graphics, design, fonts, video, audio, icons, buttons, keywords, metatags and as well as the general "look and feel" (the Site Content) contained on the Site are owned by Gym & Fitness and/or its licensors and are protected by copyright under national laws and international treaties.
  2. Purpose. The Site Content is supplied to you for personal information, entertainment and education purposes only. We do not represent or warrant that the information accessible via the Site is accurate, complete or current. You will not, nor will you allow any third party, to adapt, alter or create a derivative work from any of the Site Content or use it for any other purpose other than for your personal non-commercial use.
  3. Lawful use. You agree to use the Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party. These restrictions or inhibitions include conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content. Any other use requires our prior written permission.
  4. Breach. Breach of the Terms may constitute breach(es) of Gym & Fitness or its licensors' intellectual property rights, and Gym & Fitness or its licensors may be required to take legal action to protect these rights. Gym & Fitness accepts no liability for the information and imagery provided by third parties.
  5. Communications. If you send any communications or materials to the Site by electronic mail or otherwise, all such communications will, to the extent not otherwise labelled, be treated as non-confidential and non-proprietary. 6.Conduct. You must not post or transmit through the Site any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way the rights of others (including, but not limited to intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or which do not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. We expect you to always treat other users with respect.

LINKS

  1. Ours. Links to the Site are prohibited without the consent of Gym & Fitness. The Site may contain links to other Gym & Fitness owned and/or controlled websites. Any other Gym & Fitness owned and/or controlled website will be governed by the Terms of Use as provided for on each individual website.
  2. Third parties. The Site may contain links to sites on the Internet that are controlled, owned or operated by third parties. Gym & Fitness has no control over the content of such sites and you agree and acknowledge that Gym & Fitness is not responsible for and does not endorse the use or contents of such sites.

THIRD PARTY MATERIALS AND WEBSITES

  1. Third parties. You acknowledge and agree that we are not responsible for the availability of any third party websites or material you access through the Site, and we do not endorse and are not responsible or liable for any content, advertising, products or services on or available from those websites or that material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from those websites or material.
  2. Advertisers and merchants. Any dealings between you and any advertisers or merchants found on or via the Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and the relevant advertiser or merchant. You agree not to hold us liable for any loss or damage of any kind incurred as the result of any such dealings.

PARTNERS

References to partners throughout this Site means those third parties with whom Gym & Fitness has collaborated and should not be construed as implying any legal relationship between Gym & Fitness and any such partner, which may or may not be the case.

AVAILABLE SOFTWARE

  1. Downloadable software. Any software that may be available for download from the Site (the Software) is the copyrighted work of Gym & Fitness and/or its licensors and/or partners. The Software is made available for downloading solely for end-users' personal use and its use is subject to terms of the end user license agreement, which accompanies or is included with the Software (the License Agreement). Any reproduction or redistribution of the Software not in accordance with the License Agreement may result in civil and criminal penalties.
  2. Copying and reproduction. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Gym & Fitness hereby disclaims all warranties and conditions regarding merchantability, fitness for a specific purpose, title and non-infringement.

COPYRIGHT AND TRADEMARK INFORMATION

  1. Our IP. The contents of this Site are copyright 2018 Gym & Fitness. All rights reserved. The Gym & Fitness Ltd name, image and logo are trademarks of Gym & Fitness. Any queries concerning proper use of Gym & Fitness trademarks should be addressed to Gym & Fitness' legal department (legal@gymandfitnessequipment.co.uk).
  2. 3rd party IP. The trademarks, images and logos, products, services and company names of other companies referred to on this Site are proprietary trademarks of their respective companies and its subsidiaries. All other trademarks are acknowledged.
  3. No rights. Your access to and use of this Site does not grant you any license or right, by implication, estoppel or otherwise, to use any logos or marks appearing on this Site or on any document which can be downloaded or otherwise accessed from this Site, without the prior written consent of Gym & Fitness or the third party owner of such logos or marks.

WARRANTIES, LIMITATIONS AND DISCLAIMERS

  1. Information. The information presented on this site is understood to be correct in all material respects as of the date of publication. However, it may become out of date and may include omissions, inaccuracies or other errors. It is subject to change without notice, and does not represent any commitment on the part of Gym & Fitness.
  2. No warranty. We do not warrant that the functions contained in the material on the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. we assume no responsibility and cannot be liable for any damages to or viruses that may affect your computer equipment or other property on account of your access to, use of or from browsing the website or your downloading of any material, data, text, images, video or audio clips.
  3. Disclaimer. All information provided on this site directly or indirectly through this website by hypertext link or otherwise is provided "as is" without warranty of any kind. Gym & Fitness hereby disclaims all warranties with respect to the availability, accuracy, reliability or content of this information, whether express or implied, including without limitation, warranties of title and non-infringement and implied warranties of merchantability, satisfactory quality and fitness for a particular purpose. In no event will Gym & Fitness be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in contract, tort or otherwise, arising from your access to or inability to access, use of, or reliance upon information obtained from or through this website, even if Gym & Fitness has been advised of the possibility of such damages.
  4. Other jurisdictions. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability in which case the above limitations to exclusions may not apply to you. Gym & Fitness liability in such case will be limited to the greatest extent permitted by the applicable law.

SUBMISSION OF CONTENT

  1. Submission. Where you are invited to submit any content to the Site including any text, graphics, video or audio (the User's Content) you are required by your submission of the User's Content to grant us a perpetual, royalty-free, non-exclusive, sublicense right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to the User's Content worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Content. If you do not wish to grant these rights to us please do not submit your Content to the Site. By submitting your content to Site, you warrant that:
  • the User's Content is original and you are the copyright owner;
  • nothing in the User's Content is obscene, libelous, blasphemous or infringes any performer's right, any performer's property right, any moral right, any right of copyright, right of privacy, right of publicity or any other right whatsoever of any third party;
  • we can use, broadcast, transmit and otherwise exploit the User's Content and exercise the rights granted in these Terms without restriction or payment to you or any third parties and you waive all so-called moral rights in the Content; and
  • You have obtained all necessary consents and releases from all individuals entitled or required to give such permission in respect of the User's content and its use by us and that neither the User's content nor the reproduction of it by us will infringe any rights of any third party.

INDEMNITY

You agree to indemnify us immediately on demand, against any and all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms by you or any other liabilities arising out of your use of the Site.

TERMINATION

We will have the right immediately to terminate your use of the Website if we determine in our sole discretion that you have breached these Terms or otherwise been engaged in conduct which we determine in our sole discretion to be unacceptable.

INVALIDITY

If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it will be severed and deleted from this clause and the remaining Terms will survive, remain in full force and effect and continue to be binding and enforceable.

APPLICABLE LAW

The Terms of Use will be governed by and construed in accordance with the laws of England and Wales. All disputes arising out of or in connection with these Terms will be submitted to the exclusive jurisdiction of the courts of London.

 
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