Wellfast Performance Limited (the Company) provides this internet site Wellfast.co.uk (the Website) and related services subject to your compliance with the terms and conditions of use set out below
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
By subscribing to and using the Website, you have agreed to these Terms and Conditions with the Company. If you do not agree with these terms and Conditions of this agreement, you may not subscribe to or use the Website.
The Company may make changes and update these Terms and Conditions at any time, without notice to you. Please check the Terms and Conditions posted at the Website periodically, because your continued use of the Website will mean you accept these changes and updates. When using the Website you and the Website shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions (T&C's.)
To contact us email to firstname.lastname@example.org or write to Wellfast Performance Limited, 6 Mill Court, Henage Lane, Woking, Surrey, United Kingdom. GU22 8YJ.
Disclaimer Regarding Medical Advice: The Website is part of the Company website. The author and contributors to the Website take no responsibility for injuries caused by attempting the exercises presented on this website. The Website recommends that you or any person you are coaching always learn new exercises under the guidance of a professional and consult your GP before you start. The Company suggests that you or any person you are coaching consult your doctor or physician before undertaking any form of physical activity or exercise.
The material provided on this Website, and any correspondence you may enter into with any person on this Website (whether medically qualified or otherwise), is not intended as, and should not be considered to be, medical advice and you should seek medical opinion as to any condition you might have or any course of treatment on which you choose to embark. You should at all times seek appropriate advice from your doctor.
While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website, or its relevance to any complaint or condition that you might have. The Company may make changes to the material on this Website, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
The material on this Website is provided,without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms which but for this legal notice might have effect in relation to this Website.
The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these Conditions shall however exclude or limit the Company's liability for:
(a) death or personal injury caused by the Company's negligence
(b) fraud; or
(c) any liability which cannot be excluded or limited under applicable law;
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
The Website currently provides users with access to a rich collection of online coaching educational content over the Internet. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new online coaching information and services, shall be subject to the T&C's. You understand and agree that all services are provided "As-Is" and that the Company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalisation settings.
In order to use the services, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
To use the Website your computer system should fulfil the following minimum requirements as defined in the Accessibility Disclaimer.
In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the sites services (or any portion thereof).
The free tour section of the Website has been designed to provide you with a detailed outline of the contents of the website and its offerings. Please ensure you examine and are happy with the content outline before purchasing your subscription. Once you have subscribed no refund can be given.
The prices of all subscription fees are clearly marked and are inclusive of VAT and duty, where applicable. Please Note: The subscription commences on the day on which you subscribe to the Site and the subscription is non refundable.
Your subscription will expire on the renewal date, whereupon you will be unable to gain access to the web site.
Upon completion of the registration process for the Website, you will have created a user name and password. You are responsible for preserving the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the company of any unauthorized use of your password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You understand that all information, data, text, animation, software, photographs, graphics, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the company, are entirely responsible for all Content that you post, e-mail, or otherwise transmit via the Website. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, or otherwise transmitted via the sites services.
You agree to not use the Website to:
1.Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
2. Impersonate any person or entity, including, but not limited to, the Company official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the sites and the companies services;
4. Upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. Upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
6. Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose;
7. Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Interfere with or disrupt the sites services or servers or networks connected to the sites services, or disobey any requirements, procedures, policies, or regulations of networks connected to the sites services;
9. Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law;
10. "stalk" or otherwise harass another;
11. Collect or store personal data about other users.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that the Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the T&C's; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Website, its users, and the public.
You understand that the technical processing and transmission of the Websites, including content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
With respect to all content you elect to post, upload, input, provide, or submit to the Sites services, you grant the Company and the Website the royalty-free, perpetual, irrevocable, non-exclusive, and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to defend, indemnify and hold the Company, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the content, or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.
The Company is based in England. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside England, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Sites services, use of the Website, or access to the Website.
You acknowledge that the Company reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
You agree that the Company, in its sole discretion, may terminate your password, user name, account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the T&C'S. The Company may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice.
You agree that any termination of your access to the Website under any provision of this T&C's may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or t the Website. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Website.
Each account is for a single user using a single machine at a time. The Website logs all interaction with the Website. If more than one user uses your user account then the account will be suspended for one day. This suspension will increase by one additional day for each further occurrence. If you use more than one machine you must always log off on one machine before logging in on another to avoid any possible suspension. Also, if you use the Website in more than one browser window (on the same machine) always make sure it's the same browser make and version
Your correspondence or business dealings with, or participation in promotions of, advertisers and sponsors found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Website or the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Website has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Company services and any necessary content used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by the Website or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website or it's content material, in whole or in part.
The Company grants you a personal, non-transferable and non-exclusive right and license to use the content material; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights. You agree not to modify the content material in any manner or form, or to use modified versions of the material, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by the Company for use in accessing the Website.
You expressly understand and agree that:
1. Your use of the Website is at your sole risk. The Website are provided "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind whether express or implied.
2. The Company makes no warranty that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error free, (iii) The results that maybe obtained from the use of the Website will be accurate or reliable, (iv) The quality of any products, services, information, or other material obtained by you through the Website will meet your expectations, and (v) any errors in the material will be corrected.
3. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from The Company or through or from the Website shall create any warranty not expressly stated in the T&C's.
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from (i) The user or the inability to use the Website (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into, through or from the Website, (iii) Unauthorized access to or alteration of your transmissions or data, (iv) Statements or conduct of any third party of the Website, or (v) any other matter relating to the Website.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections titled "Disclaimer of Warranties" and "Limitation of Liability" may not apply to you.
Notices to you may be made via either e-mail or regular mail. The Website may also provide notices of changes to the T&C's or other matters by displaying notices or links to notices to you generally on the Website.
The Website, and other Company logos, product and service names are trademarks of the Company. Without the Company's prior permission, you agree not to display or use in any manner, the Company marks or logos.
All text, graphics and multimedia content available from the entry point URL: www.Wellfast.co.uk and pages within that domain (the "Website"), and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within the Website are the property of the Company and/or its affiliates. All material on the Website, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by the Company or by other parties that have licensed their material to the Company (or posted to the Website pursuant to a user agreement with the Company). Material from the Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials, or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
The vast majority of the information contained in the Website is based upon the personal experiences of the Directors of the Company. This includes a professional experience of over 35 years plus coaching at high professional level. The Company has made every effort to secure appropriate licenses and clearances for all proprietary intellectual properties used on the Website. If any company or individual feels they have any cause for complaint regarding the content in the Website or have reasons to believe there are any alleged intellectual property rights infringements, please contact info@Wellfast.co.uk outlining your specific concerns and the Company will endeavour to address these issues sensibly and realistically. The Company respects the intellectual property of others, and we ask our users to do the same.
The Website is operated by 1and1 service provider based in the UK and controlled by the Company from its offices in England. You expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to your use of the Website, resides in the English courts, and you further agree and expressly consent to the exercise of personal jurisdiction in the English courts in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the laws of England, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These terms and conditions constitute the entire agreement between you and The Company with respect to the use of the Website and any content contained therein.
Report any violations of the Terms of Service to info@Wellfast.co.uk