Website terms of use

This website is owned and operated by us, Vita Health & Fitness Limited, a company registered in England as number 03302562./p>

1. Website use agreement

1.1 In these terms "website" means the website at the URL www.vita-pilates.com and each duplicate of that website (using another URL) or replacement website(s) from time to time.

1.2 These terms are important because, by using our website, you're indicating that you accept and agree to comply with these terms. We may amend these terms (especially if we add new contents or features to our website), so you must check them each time you visit our website; your continued use of our website will indicate that you accept and agree to any amendments. These terms form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

1.3 From time to time, we may update and change these terms without notice. You'll always find the latest version of these terms on the www.vita-pilates.com website. Your continued use of our website indicates that you accept and agree to any amendments.

These terms were last updated on 20 January 2011.

1.4 Please note that you do not become a client of Vita Pilates by using our website. You only become a client if and when you enter into a Client agreement with us on and subject to our Client terms (for example, if an when you register with us). These Website terms of use are incorporated into and apply to our Client terms.

2. Use of our website

2.1 You agree to use our website in accordance with these terms and conditions, only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone's use and enjoyment of the website. If you don't comply with these terms, we may deny you access to our website.

2.2 You may copy, download, print and use content from our website only for your private, personal and non-commercial use and purpose. We do not guarantee or warrant that any content from our website which you download or use is free from infection, viruses, trojans and/or other contaminating codes.

2.3 You agree to provide information that is truthful and accurate. You agree to use the registration, booking, suggestion and feedback forms on our website to make only genuine enquiries and/or bookings for you or for other persons for whom you are authorised to act.

2.4 You will not use the website:
(a) to send by e-card, email, post, upload or otherwise transmit any material that is unlawful, threatening, menacing, abusive, racist, offensive, defamatory, invasive of privacy, vulgar, obscene, profane or infringing of any intellectual property, or
(b) to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, or
(c) to damage, impair or destroy the reputation of Vita Pilates.

2.5 You agree not to reproduce, distribute, modify or re-post our content on another website, frame or mirror our website or link to our website without our prior written consent.

2.6 You agree not to do anything that does or may interfere with the proper working of the website including but not limited to:
(a) tampering with, or hacking into, the website or any related computer system (including the servers on which it resides), and
(b) making excessive traffic demands, delivering viruses or forwarding chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the website.

2.7 You grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use (including but not limited to publishing, exploiting and modifying) any material you email, post or submit to us. For the avoidance of doubt, we will be free to use any ideas, concepts, know-how, content, text or images contained in your communications with us for any purpose whatsoever, to the fullest extent permitted by law.

2.8 We have no obligation to monitor the use of the website. However, we reserve the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. We will also in our absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

3. Access to our website

3.1 We try to update, upgrade and maintain our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice. If required, we may have to close our website indefinitely. We will not be liable if, for any reason, our website is unavailable at any time or for any period of time. You should refresh your browser each time you visit the website to ensure that you download the most up to date version of the website as we may change the website from time to time.

3.2 Access to, the operation of or use of the website or any websites or pages linked to it will not necessarily be uninterrupted or error-free.

3.3 Our website may have some sections accessible only by a user identification code and/or password ("pass codes"). From time to time, we may restrict access to those sections, or to the entire website, to users who have registered with us. If you choose, or you are provided with, a pass code, you must treat such information as confidential and only use it yourself. We may disable or suspend your access or any pass code, whether chosen by you or allocated by us, at any time in our sole discretion. Our issuing of pass codes is not a promise of continued use or access to the website or any data you might store on it.

4. Content on our website

4.1 We own, or are the licensee of, the intellectual property rights in the content of our website, including but not limited to text, photos, graphic designs, images, audio, video recordings and any data entered or stored by you (the intellectual property rights in which you assign to us) and Vita Pilates brands, trade marks and logos.

4.2 Use of our website does not give you any right to use or reproduce any of its content or the brands, trade marks and logos on it. You must not use the Vita Pilates brand, logos or marks without written licence. You must not include or create links to or from the website without our written authority.

4.3 Our website may contain links to third party websites and resources. We have no control over the contents of those websites, resources or third parties and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We do not review, censor, approve, edit or endorse any information placed on third party websites or resources.

4.4 Some of the images that appear on our website are generic images: not all images of facilities on a studio's page of the website may be of the studio referred to in that page.

5. Your privacy

5.1 Our privacy policy (which is available on our website or by contacting us) is incorporated into and applies to these terms. Among other things, it sets out what information we collect and process when you access and use our website.

5.2 We collect and process your personal information in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all other applicable data protection legislation, as amended from time to time.

5.3 We have technical and organisational security measures in place to prevent the loss of or unauthorised access to your personal information. While we try to ensure the security of your data, we cannot guarantee the security of information transmitted over the Internet.

6. Cookies

6.1 We use "cookies" to store and collect information regarding your usage of the website. They're small pieces of information stored by the browser on your computer's hard drive. They send information stored on them back to our web server when you access our website. It helps us to know what you're viewing on our website and how you navigate around the website, which ultimately helps us make improvements to the website.

7. Limitation and exclusion of liability

7.1 The material on our website is provided without any guarantees, conditions or warranties, including warranties of merchantability, non-infringement of intellectual property, fitness for purpose, or accuracy or completeness of any information.

7.2 To the extent permitted by law, we and third parties connected to us exclude:
(a) all conditions, warranties and other terms which otherwise be implied by statute, common law or the law of equity, and
(b) any liability for any direct, indirect or consequential loss or damage incurred by you in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

7.3 Except as expressly set out in these terms, all representations, warranties, conditions and other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. However, nothing in these terms is intended to exclude our or your liability for death or personal injury arising from negligence.

7.4 Commentary and other materials posted on our website do not amount to an offer to contract or advice on which reliance should be placed, and we do not intend that you should interpret it as such. We disclaim all liability and responsibility arising from any reliance placed on such materials by anyone visiting our website, or by anyone who may be informed of any content on our website.

8. Miscellaneous

8.1 The English courts will have non-exclusive jurisdiction over any claim related to a visit to our website. The agreement including these terms of use and any non-contractual rights and obligations arising out of it or in connection with it will be construed in accordance with, and governed by, English law.

8.2 If any of these terms are held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these terms will continue in full force and effect.

8.3 You agree that any and third parties connected to us may rely on and enforce these terms, but otherwise we and you agree that no other third parties are to be given any rights under the Contracts (Rights of Third Parties) Act 1999.

8.4 You agree that we may assign or novate this agreement between you and us to anyone without notice to you.

 

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