Terms of Service


Last updated: 07 March 2018

This Terms of Service Agreement (“Terms”) governs your use of the Bespoke Fitness Limited t/a Fitter Club (“Fitterclub,” “we,” “our” or “us”) websites, branded pages on third party platforms ( i.e. , social networking services), mobile applications, and through our direct marketing campaigns or other online communications, as well as offline through our Member Services Team, events, physical retail locations, and mobile messaging services (collectively, “Fitterclub Services”), and your purchase of the memberships and services sold through the Fitterclub Services. By using the Fitterclub Services, you agree, without limitation or qualification, to be bound by these Terms. If you do not agree, please do not use the Fitter Club Services.

Fitterclub may revise these Terms at any time, in which case we will give you notification of such changes. You have a right to terminate your agreement as set out above if you no longer want to continue to use the Services under any revised Terms. Your continued usage of the Fitterclub Services on notification of such changes will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the Fitterclub Services are protected by law, including, but not limited to, EU copyright laws and international treaties.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Fitterclub Services for any reason.

  1. ELIGIBILITY

You must be 18 years of age or older to visit or use the Fitterclub Services in any manner. By visiting the Fitter Club Services or accepting the Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to the Company that you will use the Fitterclub Services in a manner consistent with any and all applicable laws and regulations.

  1. USE OF THE FITTERCLUB SERVICES

2.1 The Website

Although we aim to offer you the best service possible, we make no promise that the Fitterclub Services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the Fitterclub Service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

Your access to the Fitterclub website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the website as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at support@fitterclub.com.

2.2 Use Restrictions

The content on the Fitterclub Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from Fitterclub’s licensors, and any other materials displayed through the Fitterclub Services (collectively, the “Contents”) is protected by copyright under both EU and foreign laws. Title to the Contents remains with Fitterclub. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Fitterclub or its licensors.

Fitterclub authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2018, Fitter Club. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the Fitterclub Services may be included elsewhere within the Fitterclub Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Fitterclub and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

So long as you are in compliance with these Terms, the Company grants a non-exclusive limited, non-transferable license to use the Fitterclub Services. You may not distribute or make the Fitterclub Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by the Company that replace and/or supplement the original Fitterclub Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without Fitterclub’s written permission, “mirror” any Contents contained in the Fitter Club Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to use the Fitterclub Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Fitterclub or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to Fitterclub’ user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulation; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.

Fitterclub reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the Fitterclub Services, or any portion thereof where you have breached these Terms.

2.3 User Submissions

Information on what Fitterclub does with the personal information you submit can be found in the Fitterclub Privacy Policy.

Except as provided under Submission of Ideas (Section 2.3 below), Fitterclub does not claim ownership of any information or material a user provides to Fitterclub or posts, uploads, input, submits, or transmits to the Fitterclub Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, colour, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collects information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Fitterclub Services, or which, in the judgment of Fitterclub, exposes Fitterclub or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Fitterclub. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted— Fitterclub a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Fitterclub is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Fitterclub is not responsible for the consequences of any Submission. Fitterclub is not responsible for screening or monitoring Submissions made to this Fitterclub Services by users. If notified by a user of a Submission allegedly in violation of these Terms, Fitterclub may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Fitterclub will have no liability or responsibility to users for performance or non-performance of such activities. 

Fitterclub reserves the right (but is not obligated) to: (a) record the dialogue on the Fitterclub Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the Fitterclub Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Fitterclub Services, regardless of whether such Submission violates these Terms.

2.4 Submission of Ideas

Fitterclub policy is to not accept, review, or consider unsolicited ideas or suggestions (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products, services or technologies, product or service enhancements, processes, materials, marketing plans or new product or service names). Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Ideas”) in any form to Fitterclub. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Fitterclub’s products, services or marketing strategies might seem similar to ideas submitted to Fitterclub.

Notwithstanding such policy, any Ideas that are offered or communicated to us through the Fitterclub Services or otherwise shall be the property of Fitterclub, and may be treated by Fitterclub as non-confidential information. In such case, you agree that: (a) any Idea (including its complete contents) by you to Fitterclub will automatically become the property of Fitterclub, without any compensation to you; (b) Fitterclub may use or redistribute any Ideas and its contents for any purpose and in any way, without any compensation to you; (c) Fitterclub has no obligation to review any Idea; and (d) Fitterclub has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, Fitterclub.

2.5 Your Account

If you use the Fitterclub Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for all activities that occur under your account or password. Fitterclub reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion where you have breached these Terms.

  1. TERMS OF SALE

3.1 What These Terms Cover

These are the terms and conditions on which we supply services and/or products to you.

3.2 Why You Should Read These Terms

Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide services to you, how you and we may change or end our agreement with you, what to do if there is a problem and other important information.

3.3 Sale of Services and Memberships

Fitterclub sells fitness related services, content, products, applications, support and any other materials (the “Service(s)”) to end-user customers who purchase 4 week or annual memberships (“Members”) to receive the Services (“Membership”) only for their own personal, non-commercial use. You may not purchase Services or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.

We are under a legal duty to supply services that are in conformity with these Terms.

3.4 Pricing

Pricing for Services and Memberships (including any applicable shipping and handling fees) can be found on the Fitter Club Services. The price that we will charge you for the Services and Memberships will be the price as posted on the Fitterclub Services on the date you first sign-up for a Membership. We reserve the right to change prices for Services and Memberships at any time, and we do not provide price protection or refunds in the event of promotions or price decreases.

Fitterclub may carry out promotions from time to time. These promotions will have rules that reflect how the promotion will run displayed clearly.

Fitterclub reserves the right, in its absolute discretion, to withdraw or modify any promotions at any time without prior notice and with no liability where it is lawful to do so.

3.5 Refunds

3.5.1 Refund policy when you buy directly from Fitterclub

If you are dissatisfied with one of our Services for any reason, we will refund the amount paid. Refund requests must be made directly to us at support@fitterclub.com within thirty (30) days of the date of purchase. Promptly following Fitterclub’s receipt of your request (typically within five (5) business days), Fitterclub will credit the amount paid for the returned Services (less any handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Fitterclub does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.

3.5.2 Refund policy when you buy our products through a third party

We will only provide refunds for payments that are made directly to and processed by Fitterclub. We cannot provide refunds in cases where our products or services were purchased through a third party as refunds can only be processed through the party where you made your payment. Once you have successfully purchased our services through a third party and Fitterclub have provided you with the login details to your Fitterclub account there are no refunds or cancellations.

  1. MEMBERSHIP TERMS AND CANCELLATION POLICY

4.1   Pausing and Resuming Membership

Fitterclub offers its members the ability to temporarily pause their Memberships (“Pause Period”). During the Pause Period, members will remain active members, but they will not receive any Fitterclub Services. A Membership may be placed on a Pause Period for either a one, two, three, or six month period. During the Pause Period, you will remain a member of Fitterclub, continue to receive communications from Fitterclub via email, and will be able to re-activate the remainder of the original Fitterclub Services purchased.

Members who are in a Pause Period may resume receiving Fitterclub Services by logging into their account and Resuming Services either immediately. You may email any questions about the Pause Period to us at support@fitterclub.com.  

4.2 Membership Cancellation

Cancelling your Membership means we end our agreement with you under these Terms and owe you no obligations for supply or use of the Fitterclub Services.

We may cancel your Membership at any time if we suspect that a purchase was fraudulently made or an account fraudulently setup.

You may cancel your Membership at any time by logging on to your account page on the Fitterclub website. To cancel a membership, please log in to your account and select the “membership settings” link at the bottom of the page, then follow instructions towards cancellation. Cancellation requests received by Fitterclub through other channels may take up to five (5) days to process. If you have any problems, please email us at support@fitterclub.com.

There are no refunds for any unused periods.

You have a legal right to change your mind within fourteen (14) days of becoming a Member of Fitterclub. If you exercise this right and cancel your Membership within fourteen (14) days (starting from the day after you became a Member), you will receive a refund of the Membership fee paid with the exception of the amount covering the Fitterclub Services provided prior to cancellation. 

4.3 Fitterclub Referrals

We are happy for you to refer us to your friends if you like our services. You can do this through our referral page where you are able to copy a general link and share with your friends whichever way you choose, including via your social media. Where you make a referral, we insist that you only send such links to people you know (where they have given you their consent) or if on social media, only with your friends or on your personal profile. We have an anti-spam policy here at Fitterclub. Bulk email distribution, distribution to strangers, or any other promotion of a referral link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” under applicable law is expressly prohibited.  

Fitterclub may also offer a referral program (“Referral Program”) to provide its Members the opportunity to offer their friends, family, or other individuals with a unique referral ID link that a Prospective Member can use to sign up for a Membership. Fitterclub reserves the right to terminate this Program at any time for any reason, or disqualify any Member or Prospective Member at any time from participation in the Program where it is lawful to do so. Members and Prospective Members that wish to take part in the Referral Program are bound by these Terms, in addition to any Promotion and Referral Program terms and conditions provided from time to time.

  1. LIABILITY OF Fitterclub AND ITS LICENSORS AND PARTNERS

Nothing in these Terms shall exclude or limit Fitterclub liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

We are not responsible for losses not caused by our breach or a failure to provide the Fitterclub Services due to any cause beyond our reasonable control which prevents us from fulfilling our obligations including but not limited to fire, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God. We are not liable for any damage or alteration to any device as a result of using the Fitterclub Service. We will use reasonable efforts to make the Fitterclub Services available at all times.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time of entering these Terms.

We only supply the Service(s) for domestic and private use. If you use the Service(s) for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  1. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES

The Fitterclub Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Fitterclub Services. You agree that Fitterclub shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Fitterclub Services.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Fitterclub Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Fitterclub Services, or based on such third party’s participation or presence on the Fitterclub Services, are solely between you and the third party. Fitterclub takes no responsibility for the content, ownership, or legality of any such linked third party website. If you choose to leave the Fitterclub Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

  1. MODIFICATION OR SUSPENSION OF THE Fitterclub SERVICES

You agree that Fitterclub may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Fitterclub Services, any part thereof or any Contents, temporarily or permanently, with reasonable notice to you save for in an emergency.

Where we suspend the supply of Services(s) it may be for any of the following reasons: (a) to deal with technical problems or make minor technical changes; (b) update the services to reflect changes in relevant laws and regulatory requirements; and (c) to make changes to the services as requested by you or which we have notified you of.

We will contact you in advance to tell you we will be suspending supply of the Service(s), unless the problem is urgent or an emergency. If we have to suspend the service, we will extend the period of your membership by an equal amount of time the Services were suspended so that you do not pay for services for that extended period. You may contact us to end your Membership with us if your Membership is dependent on a Service we have suspended, or have told you we are going to suspend, in each case for a period of more than one month and we will refund any sums you have paid in advance for the service in respect of the period after you end your Membership.

  1. GENERAL

Fitterclub makes no claims that the Contents are appropriate or may be downloaded outside of the European Union. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Fitter Club Services from outside the EU, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of Fitterclub and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas and Choice of Law.

  1. CHOICE OF LAW

These Terms are governed by the laws of Ireland and you can bring legal proceedings in respect of the services in the Irish courts. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest, and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.

  1. ALTERNATIVE DISPUTE RESOLUTION

Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at support@fitterclub.com or Bespoke Fitness t/a Fitterclub, Attn: Customer Service, 6 Upper Mount Street, Dublin 2, Ireland. In the unlikely event that our customer service department is unable to resolve a complaint you may wish to explore alternative dispute resolution as an alternative to legal action. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest to you, as well as the avenue to submit a dispute for online resolution. We are required to inform you that you may use this if there is a dispute that cannot be resolved between you and us, however if you are not satisfied with the outcome or do not wish to use this option, you are still able to bring legal proceedings.

  1. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION

If you believe any Submission accessible on or from the Fitterclub Services infringes your copyright, you should notify Fitterclub of your infringement claim in accordance with the procedures below:

We will process each notice of alleged infringement that Fitterclub receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Fitterclub legal@fitterclub.com (subject line: “DMCA Takedown Request”). You may also contact us by post at:

Attention: Legal
Fitness Data Science Limited Trading As Fitterclub
Rownhams House
Betteridge Drive
Southampton
SO16 8LS
United Kingdom
VAT Number: 289955618

In an effort to protect the rights of copyright owners, Fitterclub maintains a policy for the termination, in appropriate circumstances, of users of the Fitterclub Services who are repeat infringers.

  1. SEVERABILITY

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Fitterclub to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.

  1. THIRD PARTY RIGHTS

These Terms are between Fitterclub and you. No other person shall have any rights to enforce any of its content.

  1. CONTACT US

Fitness Data Science Limited Trading As Fitterclub
Rownhams House
Betteridge Drive
Southampton
SO16 8LS
United Kingdom
VAT Number: 289955618
support@fitterclub.com

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