These terms apply to the entire contents of the Website under the domain name www.fitphase.com ("Site") and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Site. You will be deemed to have agreed to be bound by these Terms when you use, access or browse the Site, register your details with us or subscribe for email or online services or send us an email. If you do not accept these terms, do not use the Site.
These Terms apply regardless of whatever user device you are using.
For the purposes of these Terms: "Content" includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Site from time to time which has not been uploaded by you (including, anything made available for download); “Material” means any material, quotes, text, graphics, images or films uploaded by you onto the Site as further described in section 7, “Services” shall mean the CRM services provided by us via the Site, and "Trade Marks" means the trade marks, logos and service marks (whether or not registered) displayed on the Site.
Any Content posted on the Site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such Content.
1. Changes to these Terms
We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the Site. Your continued use of the Site after posting will be deemed acceptance of the changes.
2. About us and our business
The Site is operated by or on behalf of Fitphase.
Access to our services and to some areas of the Site is restricted to users who have registered their details with us and created a password (“Users”). Without registering as a User, your access to the Site will be limited. Users must not use a false name or email or provide any false information nor impersonate another person when registering for use of the Site and our services. If you have a password for registration, this is confidential and you shall not share or disclose it to any third party, nor allow any third party to use your password to gain access to the areas and services for Users. We may refuse or remove or suspend your registration or disable your password at any time for breach of these terms.
4. Intellectual Property
We are the owner or the licensee of all intellectual property rights in the Site including the Content and the Trade Marks. Those works are protected by copyright or other intellectual property laws. All such rights are reserved. Our status (and that of any identified contributors) as the authors of the Content on our Site must always be acknowledged.
You must not use any part of this Site for commercial purposes without obtaining a licence from us to do so.
If you print off, copy or download any part of our Site in breach of these terms, your right to use the Site will cease immediately and you must destroy any copies of materials you have made.
Subject to these Terms, we grant Users a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Site and any Content.
5. Access and use of the Site
You may not:
(1) download or print any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Content from the Site; nor
(2) reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the Content without our prior written consent; nor
(3) modify or adapt or create derivative works of the Content; nor
(4) utilise links to this Site received as part of a paid-for media monitoring service; nor
(5) copy or extract data from this Site by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.
(6) misuse of the Site (including, without limitation, by hacking). Fitphase shall fully co-operate with any law enforcement authorities or court order requesting or directing Fitphase to disclose the identity or locate anyone posting any Material or otherwise in breach of any of these clauses.
At any time without notice and in our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the Site and disable your registration for breach of these terms. At any time without notice and in our absolute discretion, we may remove or edit any Material on the Site. To the fullest extent permitted by law, in both cases none of Fitphase, its directors, employees or other representatives have any liability to you whatsoever for any loss or damage arising from such removal or editing or any restriction or hindrance to your use of the Site, services, registration or password.
6. Data Protection and Privacy
7. Our Fees
Our fees can be updated at any time by us at our sole discretion but the fee table in force as at the date you register with us will be applicable to your Services. Any payment required by a User to use our Services is either taken by a third party payment provider (a “Supplier”) or will be required from you upon receipt of our invoice. Payment is subject to the terms and conditions of the Supplier. Should payment not be received within 14 working days, we reserve the right to terminate our agreement with you, which (without limitation) will involve disabling your access to the Site and removing your Material. We also reserve the right to charge interest on any late payments at the prevailing rate.
Payments made from clients to you as a trainer through Fitphase will be temporarily held in Fitphase bank account for security purposes. To withdraw the money owed to you, you can make a withdrawal request in your Fitphase account. Withdrawing money from your account may take up 10 days to process.
You will indemnify and will keep indemnified Fitphase on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of: (1) any breach of these Terms by you; or
(2) your fault, negligence or breach of statutory duty; or
(3) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.
Any contractual or legal relationship between you and Fitphase will be concluded in English. All notices shall be given by e-mail to us at firstname.lastname@example.org. These Terms (together with any variations to them) form the entire agreement between the parties concerning your registration, access to, browsing and/or use of the Site.
These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.
Date: 11th May 2015