Fitech Terms and Conditions
Please read the following terms of service carefully before using any Fitech UK Ltd service. The use of any Fitech UK Ltd. service will signify your agreement to be bound by these terms of service.
Purpose of Agreement
The Fitech UK Ltd. material is made available to you by Fitech UK Ltd. subject to the following terms of service. Fitech may also offer other services that are governed by a different terms of service. Fitech provides the services only to persons who are above 16 years of age. By using the services you represent that you are 16 years or older. Description of Service
Fitech provides users with access to an array of services for online collaboration and fitness related management. You may connect to the service using any internet browser. You are responsible for obtaining access to the internet and the equipments necessary to use the services. You may create, edit, publish and share the contents of your data. You are responsible for the contents of your account and account information and Fitech UK Ltd. shall not be responsible for deletion, failure to store or unauthorized access to the contents of your account. The contents of the accounts are created by persons over whom Fitech UK Ltd. does not exercise any control and Fitech UK Ltd does not assume responsibility for the same Conditions of use of the Fitech UK Ltd.
Software or Websites
- The content of the pages from our software or our website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our software or our website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on our software or our website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this software or website meet your specific requirements.
- This software and website contains material which is owned by or licensed to us.
- This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this software or website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorized use of this software or website may give rise to a claim for damages and/or be a criminal offence.
From time to time this software or website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this software website from another website or document without Fitech UK Ltd.'s prior written consent.
Subscription to Beta Service
Fitech may offer certain services as closed or open beta services (the "beta service") for the purpose of testing and evaluation. Fitech shall have the sole authority and discretion to determine the period of time for testing and evaluation of the beta service. Fitech shall be the sole judge of the success of such testing and the decision, if any, to offer any of the beta service as a commercial service. You will be under no obligation to acquire a subscription to use any commercial service as a result of your subscription to the beta service. Fitech reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the beta service (or any part thereof) with or without notice. You agree that Fitech UK Ltd shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the beta service for any reason. Modification of terms and service Fitech may modify these terms of service upon notice to you at any time. These modifications may include, without limitation, payment for the services. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website http://www.fitech.eu in the event Fitech UK Ltd. modifies these terms of service, you may terminate your use of any or all of the services. Your continued use of the service after notice of any change to the terms of service will be deemed to be your agreement to the amended terms of service.
Member registration obligations
In consideration of your use of the services, you agree to:
a) provide true, accurate, current and complete information about yourself as prompted by the registration process; and
b) maintain and promptly update your registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Fitech UK Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Fitech UK Ltd has the right to terminate your membership and refuse current or future use of any or all of the services.
Personal information and privacy
Communications from Fitech UK Ltd
The service may include certain communications from Fitech UK Ltd., such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving mails from us. However, this may prevent us from providing effective service to you.
Fees and payments
Fitech reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time Fitech UK Ltd requires a fee for any of the services, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay any fees charged by Fitech UK Ltd., Fitech UK Ltd shall have the right to cease providing the service to you.
Restriction of use
In addition to all other terms and conditions of this agreement, you
(i) transfer or otherwise make available to any third party the services;
(ii) provide any service based on the services without prior written permission;
(iii) use the third party links to sites without agreeing to their website terms & conditions;
(iv) post any third party link sites including their logo, company name, etc. Without their prior written permission; or
(v) use the services for spamming and illegal purposes. Spamming and illegal activities
You agree to be solely responsible for the contents of your transmissions through the services. You agree not to use the services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. Fitech reserves the right to terminate the services if Fitech UK Ltd. believes that you have used the services for any illegal or unauthorized activities.
User generated content
You may transmit or publish content created by you using any of the Fitech UK Ltd services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content that you may receive from other users of Fitech UK Ltd. services, is provided to you as is for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.
In the course of using any Fitech UK Ltd service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Fitech UK Ltd services you affirm that you have the consent, authorization or permission, as the case
may be from every person who may claim any rights in such content to make such content available in such manner.
Further, by making any content available in the manner aforementioned, you expressly agree that Fitech UK Ltd. shall have the right to block access to or remove such content made available by you, if Fitech UK Ltd. receives complaints concerning any illegality or infringement of third party rights in such content. By using Fitech UK Ltd services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Fitech UK
Ltd for this purpose.
For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using Fitech UK Ltd. services, please contact Fitech UK Ltd at http://www.fitech.eu
If you wish to protest any blocking or removal of content by Fitech UK Ltd., you may do so by contacting us at http://www.fitech.eu The Fitech UK Ltd trademark, Fitech UK Ltd. logo, the names of different Fitech UK Ltd. services and their logos are trademarks of Fitech UK Ltd. You agree not to display or use, in any manner without Fitech UK Ltd's prior written permission.
Disclaimer of warranties
You expressly understand and agree that the use of the services is at your sole risk. The services are provided on an as-is-and-as-available basis. Fitech expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Fitech makes no warranty that the services will be uninterrupted, timely, secure, or virus free. Use of any material downloaded or obtained through the use of the services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from Fitech UK Ltd., its employees or representatives shall create any warranty not expressly stated in these terms of service.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Fitech UK Ltd. be liable for any direct, consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Fitech UK Ltd. has been advised of the
possibility of such damage. Your sole and exclusive remedy for any dispute with Fitech UK Ltd. related to the service shall be cancellation of the service. The exclusion or limitation of liability for consequential or incidental damages may not apply to you if your state/country does not permit such exclusion or limitation of liability.
You agree to indemnify and hold harmless Fitech UK Ltd, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the services in violation of another party's rights, in violation of any law, in violations of any provisions of these terms of service, or any other claim related to your use of the services.
Any controversy or claim arising out of or relating to these terms of service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the English arbitration association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and cannot be appealed against. The arbitration shall be conducted in the United Kingdom and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Fitech UK Ltd. may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
End of terms of service