Fitwise Website Terms & Conditions
In these terms and conditions:-
"Conditions" means these terms and conditions
"Information" means any and all material contained in this Website
“the User” and “you” means you, the user of this Website
“We”, “our” and “Us” means Fitwise Management Limited, a company incorporated in Scotland (registered number SC247380) and with its registered office at Blackburn House, Redhouse Road, Seafield, Bathgate, West Lothian EH47 7AQ, Scotland.
“the Website” means the website of Fitwise operating under URL http://www.Fitwise.co.uk
2. Basis of Use of the Website
You agree to the following:-
2.1 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
2.2 that you will only view the Information for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time;
2.3 that you shall not use the Information for any unlawful purpose or in any unlawful manner;
2.4 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
2.5 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use;
2.6 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in Fitwise at all times;
2.7 that you acknowledge that Fitwise has no obligation to provide the Website or any Information or to ensure that you are able to use, provide and/or access the Information, and the Website;
2.8 that you will indemnify and keep indemnified Fitwise against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.
3. Data Protection
4. Proprietary Rights
All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to Fitwise, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Fitwise or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.
5.1 To the fullest extent permitted at law, this Website and its contents is provided on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, with respect to this Website or its contents or their suitability, reliability or usefulness for any purpose.
5.2 In addition, Fitwise does not represent or warrant that the information accessible via this Website is accurate, complete or current.
5.3 While every effort is made to ensure accurate and complete information, Fitwise, nor its employees or representatives will be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind.
Wereserve the right at any time without notice to revise the contents of this site including these Terms and Conditions. Any changes to these Terms and Conditions will be posted on this Website and by continuing to use this site following any such change you will be agreeing to be bound by the revised Terms and Conditions.
7. Acceptable Use
7.1 You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.
7.2 You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to You.
8. Links to Other Websites
8.1 This Website may include links to other Internet sites. We do not endorse any such Websites and We are not responsible for the information, material, products or services contained on or accessible through those Websites. Your access and use of such Websites remains solely at your own risk.
8.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw Our consent at any time to a link which in Our sole opinion is inappropriate or controversial.
9. Limitation of Liability
In no event will We be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this Website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
10. Disclaimer of Warranty
To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information, services and materials contained on this Website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.
These Terms and Conditions contain all the terms of your agreement with Us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it and the operation of these Terms and Conditions shall be governed by, construed and interpreted in accordance with the law of Scotland and you agree to submit to the non-exclusive jurisdiction of the Scottish courts.
12. Statutory Information
This website is owned and operated by:
Fitwise Management Limited, a company incorporated in Scotland (registered number SC247380) and with its registered office at Blackburn House, Redhouse Road, Seafield, Bathgate, West Lothian EH47 7AQ, Scotland.
Telephone: +44 (0) 1506 811077
VAT No. 815-7610-31