1 WHAT THESE TERMS COVER
1.1 Showme.fit is an online platform operated by Showme.fit Limited through the website Showme.fit (the “Site”). It offers fitness programmes, weight-loss and nutritional advice, recipes and motivational suggestions. These and any other services that we may provide from time to time are together called the “Services“.
1.2 These Terms and Conditions (these “Terms“) apply to the Services. You agree that by registering for, accessing or using our Services you are entering into a legally binding agreement between you and us regarding your use of the Services,
1.3 Please read these Terms carefully before you start to use our Services. We recommend that you print a copy of these Terms for future reference. If you do not agree to these Terms, you must not use our Services.
2 WHO WE ARE AND HOW TO CONTACT US
2.1 Who we are. We are Showme.fit Limited a company registered in England and Wales. Our company registration number is 12633510 and our registered office is at Acre House, 11/15 William Road, London, United Kingdom, NW1 3ER.
2.2 How to contact us. You can contact us by writing to us at [email protected]
2.3 How we may contact you. If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us when you registered with us.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 AGE, HEALTH AND SUITABILITY
3.1 The Site is designed to help you reach your health and fitness goals. Information provided through the Site is not intended to be and should not be taken as medical and/or dietary advice. Before starting any diet or exercise regime we strongly recommend that you consult a doctor and/or dietitian, especially if you have any medical condition(s) or are taking medication, are pregnant, have asthma, or have any other physical, dietary or mental health issues.
3.2 Exercise carries its own risks. We have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition. You should not carry out any activities which you have been told are not suitable for you or exercise beyond your own abilities. WE DO NOT advise you to follow any of the work outs or exercises shown on the Site if you have had chest pains or experienced episodes of dizziness in the last month.
4 REGISTRATION, SUBSCRIPTION AND OUR CONTRACT WITH YOU
4.1 Registration and subscription. In order to use the Services, you will need to register on the Site as a user and purchase a subscription. You must be over 18 years of age and resident in the United Kingdom. The charge for the subscription shall be as stated on the Site and you can purchase a subscription following the instructions on the Site or by clicking here https://showme.fit/join-now/. Subscriptions are charged on a monthly basis and may be cancelled by you at any time up to 48 hours before your renewal date but are not eligible for a refund. If you cancel your monthly subscription, you will retain access to the Services for the remainder of that month. If you do not cancel your subscription more than 48 hours before your renewal date, we will renew your subscription for one more month.
4.2 Joining fee. A one-off £5 joining fee is payable when your first annual or monthly membership payment is collected to cover initial administration costs associated with setting up new members. Joining fees are not refundable under any circumstances.
ShowMe.Fit retains the right to waive the one-off joining fee for new users at any time.
4.3 Password and Security. When you set up your account with us you will be asked to create a password and a user name. Where you create a username that username will be an email address. It is your responsibility to keep these details secure and confidential and they must not be disclosed to anyone. If you have any reason to believe that your user name and/or password have been disclosed to anyone you must change them immediately and if you need assistance to do so please contact us so that we can explain to you how you can do this. You agree to notify us immediately if anyone has accessed your account without permission.
5 CONTENT AND INTELLECTUAL PROPERTY
5.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved, and you acknowledge that you do not acquire any ownership rights by downloading content from the Site.
5.2 What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
5.3 What you are not allowed to do
5.3.1 Except to the extent expressly set out in these terms and conditions, you are not allowed to:
(a) ‘scrape’ content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
(b) remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
(c) create links to the Site from any other website, without our prior written consent, linked website
5.3.2 You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any person presenting, appearing in any content displayed or otherwise featured on the Site.
5.3.3 All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
5.4.1 We may change the format and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
5.4.2 Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
5.4.3 We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
5.4.4 We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
5.4.5 The Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
6 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
6.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987
6.3 We will take all reasonable care in so far as it is within our power to do so to keep the details of your subscription, your payment details and your card details secure but in the absence of negligence on our part we will not be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when registering on or accessing the Site.
6.4 We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7 HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will use the personal information you provide to us:
7.1 to supply the Services to you;
7.2 to process your payment for your membership; and
7.3 if you agreed to this during registration or subsequently, to give you information about other services that we provide, but you may stop receiving this at any time by contacting us.
8 AVAILABILITY OF THE SITE
8.1 Although we endeavour to provide continuous access to the Site we make no promise that such services will meet your requirements nor that they will be available or error free. If a fault occurs with the Site please report it to us as soon as possible in order that we can correct the fault as soon as reasonably practicable.
8.2 Your access to the Site may be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavour to restore your access as soon as reasonably possible.
8.3 You acknowledge that the Site is provided on an “as is and “as available” basis and we make no warranties and give no guarantees (unless otherwise stated in these Terms or required by law) in respect of the content, information, materials and services contained on the Site.
8.4 We will not be responsible to you for any loss of content or material uploaded or transmitted through the website and we accept no liability for any loss or damage resulting from action taken in reliance on material or information contained on the Site.
9.1 You agree that any review of our products or services left by you whether on the Site or on any third party site, social media or other media will be factually correct and will express your genuinely held views and opinions.
9.2 You agree not to leave any review or post anything on the Site which contains information that is defamatory, illegal, threatening, obscene, abusive, hateful, inflammatory or intended or likely to embarrass, harass or otherwise incite hate.
9.3 You agree that anything that you post on the Site and any review will be posted or will be left by you and you will not impersonate any person when leaving a review or posting anything on the Site.
9.4 We reserve the right to publish, edit or remove reviews or anything that you post on the Site without notice.
9.5 You grant to us and our affiliates and group companies a non-exclusive, royalty free worldwide licence to use and reproduce any review or information posted by you.
10 OTHER IMPORTANT TERMS
10.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
10.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
10.3 Force Majeure. We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure result from events, circumstances or causes beyond our reasonable control.
10.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you we can still require you to make the payment at a later date.
10.7 Which laws apply to this contract. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.