1.1 Copyright © 2016;
This copyright notice applies to the website:
(b) is owned by EventFit by Jenni Douglas
1.2 Copyright exists in the websites and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material.
1.3 Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966
1.4 Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966.
2.1 For the purposes of these terms and conditions in addition to paragraph 1 the following definitions apply:
Our, ourselves, us, we, refer to EventFit by Jenni Douglas and www.eventingfit.com
(b) Party refers to a party to these terms and conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
(c) You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the website and its contents;
(d) licence means these terms and conditions for use of this website and its contents;
(e) one gender includes each other gender;(f) the single includes the plural and the plural includes the singular;
(f) Website means collectively the website www.eventingfit.com products and/or services offered or provided by or in the websites.
3. Use of Website
3.1 These terms and conditions govern your right to use the Website and your access to and use of the Program, and/or any products or services acquired in relation to the Program and/or the Website and/or any links provided on the Website to other websites.
3.2 In downloading any content from the Website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, the Program and/or the Forum.
3.3 You agree that when you register, activate and download the programmes you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
3.4 You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time
3.5 You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation.
3.6 You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
3.7 You agree that you will not post comments about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
4. Your Agreement
4.1 In accessing the Website, including any and all webpages, the Program and/or the services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.
5.1 You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information. If you are accessing and using the Website or registering for access to the Program or any of the Website’s services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
6.1 In purchasing any product or services from the Website (“the Purchase”) you agree to:(a) pay using a valid credit or debit card (or other form of payment as we may allow);(b) provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;(c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”); and(d) all costs are in pounds sterling unless otherwise indicated.
7.1 Title in the Purchase will pass to you on receipt of full payment from you or when you receive the Purchase, whichever happens later.
7.2 Risk of loss or damage to the Purchase will pass to you when we provide the Purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.
7.3 Where we send you the Purchase by email delivery, and you claim that you have not received such delivery, then you must contact firstname.lastname@example.org within 7 days of the date by which you placed the order for the Purchase for us to investigate your claim.
8.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Website, and as we make no representations to you in respect of your use of the Program and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website.
8.2 You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.
8.3 At our sole discretion, any claim for a refund will be considered on a case by case basis and we reserve the right to either provide you with a refund once the Purchase is ordered, paid for and sent to you, or refuse your claim.
9. Medical Disclaimer
9.1 We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the System and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Program and/or its products or services. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Program or its products and services, is at your sole risk.
10. Limitation of Liability
10.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
11. Our rights to modify services
11.1 You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the website and/or the Terms and Conditions, as we see fit.
11.2 We will publish any intended changes on the website and you will be deemed to have accepted such changes when you first access the Website following our publication of the notice of change on the Website.