Terms of Use

 

Live Fit UK Limited of 266A North End Road, Fulham, London SW6 1NJ, United Kingdom (“Livefit”, “we”, “us” or “our”) operates the website www.livefit.co.uk (the “Website”).
 

Please read these terms and conditions carefully to understand how use of the Website is governed.

 

INTRODUCTION

These terms and conditions (“Terms”) (together with our Privacy Policy at www.livefit.co.uk/privacy-policy and Terms and Conditions for supply of Products at www.shop.livefit.co.uk/terms-and-conditions-of-supply) apply to your access to and use of the Website including all data, associated media, content, services and products available at or through the Website from time to time.

 

These Terms apply to any updates or supplements to the Website, including added functionality, content or services made available on the Website, unless such updates or supplements come with separate terms, in which case those terms apply.

By accessing the Website you are accepting and consenting to the Terms. If you do not agree or accept the Terms, you must stop using the Website.

Questions, comments and requests regarding the Terms are welcomed and should be addressed to support@livefit.co.uk.   

 

 

TERMS

1.          Accessing the Website

 

1.1.      The Website is made available free of charge.

 

1.2.      We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

 

1.3.      You are responsible for making all arrangements necessary for you to have access to the Website.

 

1.4.      You are also responsible for ensuring that all persons who access the Website through your internet connection, or using your device, are aware of these Terms and other applicable terms and conditions, and that they comply with them.

 

1.5.      The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate or available in other locations. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If you choose to access the Website from outside the United Kingdom, you do so at your own risk.

 

1.6.      You acknowledge that internet transmissions are never completely private or secure.

 

2.          Accounts and Passwords

 

2.1.      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.

 

2.2.      We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

 

2.3.      If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@livefit.co.uk.

 

3.          Intellectual Property

 

3.1.      We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

3.2.      You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.

 

3.3.      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 separately from any accompanying text.

 

3.4.      Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

 

3.5.      You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

 

3.6.      If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

4.          Privacy

 

4.1.      The terms of our Privacy Policy from time to time, available at www.livefit.co.uk/privacy-policy are incorporated into these Terms by reference. Please read this policy to understand what information we collect in relation to your use of the Website and how this is processed.

 

5.          Reliance on Information

 

5.1.      The content on the Website is provided for general information only. It is not intended to amount to advice, in particular advice about dietetics or medical advice, on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

 

5.2.      Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

 

6.          Limitation of Liability

 

6.1.      Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

 

6.2.      To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

 

6.3.      We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

 

a)        use of, or inability to use, the Website; or

 

b)        use of or reliance on any content displayed on the Website.

 

6.4.      Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

6.5.      We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it.

 

6.6.      We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

6.7.      Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions of supply available at www.shop.livefit.co.uk/terms-and-conditions-of-supply.

 

7.          User Content

 

7.1.      From time to time, we may introduce and make available services to the Website which allow you to upload content to the Website, including photographs, messages, videos, diet records, workout records and physical results and other content, data or information (“User Content”). You warrant that that you are the creator of, or have the authority from the creator(s) to upload User Content to the Website, and that such User Content, or its use by us as contemplated by these terms, does not violate the Terms, applicable law, or the intellectual property rights of others. You will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

7.2.      We will not monitor, review, or edit User Content, but reserve the right to remove or disable access to any User Content for any or no reason, including, but not limited to, User Content that violates the Terms (in particular, the Acceptable Use Restrictions) or is otherwise undesirable. We may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. You are solely responsible for securing and backing up your User Content.

 

7.3.      Any content you upload to our Website will be considered non-confidential.

 

7.4.      We are not responsible for User Content. If you believe that any User Content breaches the Terms (in particular, the Acceptable Use Restrictions), infringes your intellectual property rights or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at support@livefit.co.uk.

 

7.5.      You retain all of your ownership rights in your User Content, but you hereby grant us and other users of the Website a limited licence to use, store and copy that User Content and for us to distribute and make it available to your support group and for marketing purposes for up to ten years. If you do not want your support group to see your photographs, you must notify us at support@livefit.co.uk.

 

7.6.      We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

 

8.          Acceptable use of the Website

 

8.1.      When using the Website, you must:

 

a)       provide us with accurate information (where required);

 

b)       not use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously;

 

c)        not infringe our intellectual property rights or those of any third party in relation to your use of the Website (to the extent that such use is not licensed by the Terms);

 

d)       not do any of the following in relation to your use of the Website, including via the submission of any User Content:

 

i.       be obscene, offensive, hateful or inflammatory,

 

ii.             defame any person,

 

iii.     promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,

 

iv.           promote violence,

 

v.            promote any illegal activity,

 

vi.           promote sexually explicit material,

 

vii.   disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,

 

viii.         harass, upset, embarrass, threaten, alarm or annoy any other person,

 

ix.           be likely to mislead or deceive any person,

 

x.            impersonate any person, or misrepresent your identity or affiliation with any person, or

 

xi.           contain any advertising or promote any services or web links to other sites; or

 

e)       not transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam),

 

f)         not reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of the Terms; or

 

g)       not access without authority, interfere with, damage or disrupt:

 

i.              any part of the Website;

 

ii.             any equipment or network on which the Website is stored;

 

iii.            any software used in the provision of the Website; or

 

iv.           any equipment or network or software owned or used by any third party,

 

together, the “Acceptable Use Restrictions”.

 

9.          Viruses

 

9.1.      We do not guarantee that the Website will be secure or free from bugs or viruses.

 

9.2.      You are responsible for configuring your information technology, computer programmes and systems in order to access the Website. You should use your own virus protection software.

 

9.3.      You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website 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 the Website will cease immediately.

 

10.       Linking to the Website

 

10.1.   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.

 

10.2.   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.

 

10.3.   You must not establish a link to the Website in any website that is not owned by you.

 

10.4.   The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

 

10.5.   We reserve the right to withdraw linking permission without notice.

 

10.6.   The website in which you are linking must comply in all respects with the content standards set out in clause 8.

 

10.7.   If you wish to make any use of content on the Website other than that set out above, please contact marketing@livefit.co.uk.

 

11.       Links to third party websites

 

11.1.   Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

 

11.2.   We have no control over the contents of those sites or resources.

 

12.       Termination

 

12.1.   We will determine, in our discretion, whether there has been a breach of the Terms through your use of the Website. When a breach of the Terms has occurred, we may take such action as we deem appropriate.

 

12.2.   Failure to comply with a material breach of the Terms, including clause 8, and may result in our taking all or any of the following actions:

 

a)       Immediate, temporary or permanent withdrawal of your right to use the Website;

 

b)       Immediate, temporary or permanent removal of any User Content uploaded by you to the Website;

 

c)        Issue of a warning to you;

 

d)       Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

 

e)       Further legal action against you; and/or

 

f)         Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

12.3.   The above responses are not limited, and we may take any other action we reasonably deem appropriate.

 

13.       Variation of the Terms

 

We may change the Terms at any time for any reason. Any changes we may make to the Terms will be notified to you by posting an updated version of the Terms on this page with an updated revision date and, where appropriate, by email. Your continued use of or access to the Website following the notification of any changes to the Terms constitutes acceptance of those changes.

 

14.       Applicable Law

 

Please note that these Terms are governed by English law. This means the contract for your access to and use of the Website 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 non-exclusive jurisdiction.