TERMS AND CONDITIONS
Last Updated January 22, 2020
1. Contract to Terms
1.1 These Terms and Conditions constitute a lawfully binding contract made between you, whether personally or on behalf of an entity (you), and O3 Health And Fitness, located at Delaware, United States (we, us), worrying your access to and use of the O3 Health And Fitness (o3healthandfitness.com) website along with any related applications (the Site).
You concur that by accessing the Site and/or Services, you have actually read, understood, and accept be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from utilizing the Site and Services and you need to cease use right away. We suggest that you print a copy of these Terms and Conditions for future recommendation.
1.2 The extra policies set out in Section 1.7 listed below, in addition to any additional conditions or files that might be posted on the Site from time to time, are specifically included by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated "Revised" date and the updated variation will be effective as quickly as it is accessible. You are responsible for evaluating these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have actually accepted such modifications.
1.4 We might update or change the Site from time to time to show changes to our products, our users' requirements and/or our company priorities.
1.5 Our site is directed to individuals residing in United Kingdom. The details offered on the Site is not intended for distribution to or use by anybody or entity in any jurisdiction or nation where such distribution or use would be contrary to law or policy or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or utilize the Services without adult approval.
1.7 Additional policies which also apply to your use of the Site consist of: ● Certain parts of this Site can be used just on payment of a charge.
2. Appropriate Use
2.1 You might not access or utilize the Site for any purpose aside from that for which we make the website and our services available. The Site might not be utilized in connection with any industrial undertakings except those that are particularly endorsed or approved by us.
2.2 As a user of this Site, you concur not to:
3. Our content
3.1 Unless otherwise shown, the Site and Services consisting of source code, databases, performance, software application, website styles, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or accredited to us, and are protected by copyright and trade mark laws.
3.2 Except as specifically offered in these Terms and Conditions, no part of the Site, Services or Our Content might be copied, recreated, aggregated, republished, submitted, posted, publicly shown, encoded, equated, sent, dispersed, offered, certified, or otherwise exploited for any industrial function whatsoever, without our reveal prior composed approval.
3.3 Provided that you are eligible to use the Site, you are approved a limited licence to gain access to and use the Site and Our Content and to download or print a copy of any part of the Content to which you have appropriately gotten entirely for your individual, non-commercial use.
3.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any function consisting of mistake correction, any adjustments, adaptions, additions or enhancements to the Site or Our Content, consisting of the adjustment of the paper or digital copies you might have downloaded.
3.5 We shall (a) prepare the Site and Our Content with affordable ability and care; and (b) use market basic virus detection software to try to block the uploading of material to the Site which contains viruses.
3.6 The content on the Site is offered general details just. It is not intended to total up to recommendations on which you must rely. You should get expert or specialist suggestions before taking, or avoiding taking, any action on the basis of the material on the Site.
3.7 Although we make reasonable efforts to upgrade the information on our website, we make no representations, service warranties or guarantees, whether reveal or suggested, that Our Content on the Site is precise, complete or approximately date.
4. Link to third party content
4.1 The Site may include links to websites or applications run by 3rd parties.We do not have any influence or control over any such 3rd party websites or applications or the third party operator. We are not responsible for and do not endorse any 3rd party websites or applications or their availability or content.
4.2 We accept no duty for adverts included within the Site. If you accept buy goods and/or services from any 3rd party who advertises in the Site, you do so at your own danger. The advertiser, and not us, is accountable for such products and/or services and if you have any questions or complaints in relation to them, you ought to call the marketer.
5. Website Management
5.1 We reserve the right at our sole discretion, to (1) keep track of the Site for breaches of these Terms and Conditions; (2) take proper legal action versus anyone in breach of suitable laws or these Terms and Conditions; (3) get rid of from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise handle the Site in a way designed to secure our rights and property and to help with the proper performance of the Site and Services.
5.2 We do not ensure that the Site will be safe and secure or devoid of bugs or infections.
5.3 You are responsible for configuring your infotech, computer programs and platform to access the Site and you need to utilize your own infection security software application.
6. Modifications to and availability of the Site
6.1 We reserve the right to change, modify, or get rid of the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to customize or cease all or part of the Services without notification at any time.
6.2 We can not guarantee the Site and Services will be readily available at all times. We may experience hardware, software application, or other problems or need to carry out maintenance related to the Site, leading to interruptions, hold-ups, or mistakes. You concur that we have no liability whatsoever for any loss, damage, or hassle caused by your inability to gain access to or utilize the Site or Services during any downtime or discontinuance of the Site or Services.We are not required to keep and support the Site or Services or to provide any corrections, updates, or releases.
6.3 There may be details on the Site which contains typographical errors, errors, or omissions that may relate to the Services, consisting of descriptions, rates, accessibility, and various other information. We schedule the right to remedy any errors, errors, or omissions and to alter or upgrade the information at any time, without previous notice.
7. Disclaimer/Limitation of Liability
7.1 The Site and Services are offered on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole threat except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, reveal or indicated (including by statute, custom or use, a course of dealing, or common law) in connection with the Site and Services and your usage thereof including, without constraint, the indicated guarantees of satisfactory quality, fitness for a particular function and non-infringement are left out to the maximum extent permitted by appropriate law.
We make no guarantees or representations about the precision or efficiency of the Site's content and are not liable for any (1) errors or omissions in content: (2) any unapproved access to or use of our servers and/or any and all personal info and/or financial details stored on our server; (3) any disturbance or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transferred to or through the website by any 3rd party. We will not be accountable for any hold-up or failure to adhere to our responsibilities under these Terms and Conditions if such delay or failure is triggered by an occasion beyond our affordable control.
7.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a company user:
● We do not omit or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or injury brought on by our carelessness or the carelessness of our workers, agents or subcontractors and for fraud or deceitful misstatement.
● If we stop working to abide by these Terms and Conditions, we will be accountable for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, however we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Regardless of anything on the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and no matter the kind of the action, will at all times be restricted to an overall aggregate amount equal to the higher of (a) the amount of ₤ 5000 or (b) the quantity paid, if any, by you to us for the Services/Site throughout the 6 (6) month period prior to any cause of action arising.
If you are a consumer user:
● Please keep in mind that we only provide our Site for domestic and personal usage. You concur not to use our Site for any commercial or service functions, and we have no liability to you for any loss of profit, loss of business, service interruption, or loss of business chance.
● If defective digital content that we have supplied, harms a gadget or digital material belonging to you and this is caused by our failure to utilize reasonable care and skill, we will either fix the damage or pay you settlement.
● You have legal rights in relation to products that are malfunctioning or not as explained. Advice about your legal rights is offered from your local Citizens' Advice Bureau or Trading Standards workplace. Absolutely nothing in these Terms and Conditions will impact these legal rights.
8. Term and Termination
8.1 These Terms and Conditions shall remain in full force and result while you utilize the Site or Services or are otherwise a user of the Site, as applicable. You might end your use or participation at any time, for any reason, by following the directions for ending user accounts in your account settings, if available, or by contacting us at our email address.
8.2 Without limiting any other arrangement of these Terms and Conditions, we schedule the right to, in our sole discretion and without notification or liability, deny access to and use of the Site and the Services (including obstructing certain IP addresses), to anyone for any factor consisting of without constraint for breach of any representation, guarantee or covenant contained in these Terms and Conditions or of any suitable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any appropriate law or policy, we might terminate your use or participation in the Site and the Services or delete any content or information that you published at any time, without warning, in our sole discretion.
8.3 If we end or suspend your account for any factor set out in this Section 9, you are forbidden from registering and producing a new account under your name, a phony or obtained name, or the name of any third party, even if you may be acting upon behalf of the third party. In addition to terminating or suspending your account, we book the right to take proper legal action, including without constraint pursuing civil, criminal, and injunctive redress.
9.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You grant get electronic interactions and you concur that all agreements, notices, disclosures, and other interactions we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communication remain in composing.
You hereby accept using electronic signatures, agreements, orders and other records and to electronic shipment of notices, policies and records of transactions started or completed by us or through the Site. You hereby waive any rights or requirements under any statutes, policies, rules, ordinances or other laws in any jurisdiction which require an initial signature or shipment or retention of non-electronic records, or to payments or the approving of credits by besides electronic ways.
9.2 These Terms and Conditions and any policies or operating guidelines published by us on the Site or in respect to the Services make up the entire agreement and understanding in between you and us.
9.3 Our failure to exercise or enforce any right or arrangement of these Terms and Conditions will not run as a waiver of such right or arrangement.
9.4 We may appoint any or all of our rights and obligations to others at any time.
9.5 We shall not be accountable or accountable for any loss, damage, hold-up or failure to act triggered by any cause beyond our affordable control.
9.6 If any provision or part of an arrangement of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the arrangement is considered severable from these Terms and Conditions and does not impact the credibility and enforceability of any remaining provisions.
9.7 There is no joint venture, partnership, work or agency relationship produced in between you and us as a result of these Terms and Conditions or use of the Site or Services.
9.8 For consumers just - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have unique jurisdiction expect that if you are a citizen of Northern Ireland you might likewise bring procedures in Northern Ireland, and if you are resident of Scotland, you may likewise bring procedures in Scotland. If you have any problem or desire to raise a disagreement under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
9.9 An individual who is not a celebration to these Terms and Conditions will have no right under the Contracts (Rights of Third Parties) Act 1999 to impose any term of these Terms and Conditions.
9.10 In order to fix a grievance regarding the Services or to receive additional info relating to use of the Services, please contact us by email at our email address.