Terms and Conditions
1. About Us
This website ("Website") and the services provided therein are provided by Apex Pro Fitness. If you need any information or have a complaint about our Website or any of our services please contact us.
2. Ownership Of Materials And Licence Terms
Our Website and the materials on it or provided to you through it are protected by copyright, trademark and/or other intellectual property rights and laws throughout the world and are owned by, or are licensed to Apex Pro Fitness and/or third parties. You are permitted to display the materials on our Website on a computer screen and to download and print a hard copy for your personal use provided you do not alter or remove any of the content or any part of our Website without our express permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices.
You agree not to use our Website or any of the materials on them for any of the following:
- unlawful purpose or in contravention of applicable law
- commercial exploitation without our prior written consent
- any purpose or in any manner that may give a false or misleading impression of us, our staff or our services
- to use, upload or transmit any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress or which may affect or infringe the rights of any other person
- on any device, software, file or mechanism which may interfere with the proper operation of this website or our systems
- to establish a link to our Website from any other website, intranet or extranet site without our prior written consent; to do anything that may interfere with or disrupt our Website or our services; or encourage or permit others to do any of the above.
IN THE EVENT THAT YOU DO NOT COMPLY WITH THE ABOVE RESTRICTIONS, ANY PERSON AFFECTED BY YOUR ACTIONS MAY BRING A CLAIM AGAINST YOU AND/OR Apex Pro Fitness. WE WILL PURSUE A CLAIM AGAINST YOU FOR ANY LOSSES AND COSTS (INCLUDING LEGAL COSTS) WE MAY SUFFER AS A RESULT OF YOUR ACTIONS.
You agree and undertake that you own the rights in any materials you submit to us via the Website or otherwise and/or that you have obtained any relevant permission to use them.
3. Suitability Of Materials
We do not give any assurance that the materials provided or available to you on or through our Website are suitable for your requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials.
4. Website Availability
Our Website is provided free of charge and we make no guarantee that they will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of our Website or any of its content at any time without notice and without incurring any liability.
5. Links From Our Website
We may, from time to time, provide links from our Website to websites that are owned and controlled by third parties and other Apex Pro Fitness partners. These links are provided only for your convenience and we have no control over, and will have no liability in respect of, those websites.
Apex Pro Fitness may monitor activity and content on our Website and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.
Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you send to us from our Website may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you send to us and you do so entirely at your own risk.
8. Accuracy Of Information
We take care to ensure that all information available on our Website about our services is accurate. However:
- (A) our services are continually developing and, occasionally, the information we put on our Website may be out of date. We reserve the right to change such information at any time. Any newsletters, blogs and other items offering information have been prepared for general interest only and are not a substitute for specific professional advice and should not be read or used as such;
- (B) information provided by third parties is not checked by us and we have no responsibility for it. Any redress for such information should be made against the relevant third party.
Apex Pro Fitness DOES NOT WARRANT OR REPRESENT THAT THE MATERIAL ON OUR WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL BE FREE OF DEFECTS, VIRUSES, UNINTERRUPTED OR SECURE. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOTHING CONTAINED IN THE PAGES OF OUR WEBSITE SHOULD BE CONSTRUED AS LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL CONTAINED IN OUR WEBSITE.
10. Use Of Website Outside England And Wales
Apex Pro Fitness makes no claims or representations that any or all of the content of our Website may be lawfully viewed or downloaded outside England and Wales and, unless otherwise specifically stated, the content and our Website are directed solely at users who access our Website from England and Wales.
IF YOU CHOOSE TO ACCESS THE WEBSITE FROM OUTSIDE ENGLAND AND WALES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.
11. Liability For Our Mistakes
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING WITHOUT LIMITATION ANY LOSS OF MATERIALS, INTERRUPTION OF SERVICE OR WASTED EXPENDITURE) HOWSOEVER ARISING OUT OF YOUR USE OF THIS WEBSITE, WHERE:
- (A) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US;
- (B) THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR
- (C) ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THEORY UNDER WHICH SUCH CAUSE OF ACTION IS BROUGHT, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE. NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
You agree to indemnify and hold Apex Pro Fitness, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Website and/or breach of any of our terms and conditions including these Terms.
13. Third Party Rights
Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms and Conditions has no rights to enforce them.
No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
If any of these Terms are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other conditions which shall remain in full force and effect.
If any of these Terms are found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make valid and enforceable.
16. Governing Law
These Terms and Conditions are subject to the laws of England and Wales and each of us hereby submits to the exclusive jurisdiction of the English and Welsh courts.
WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. THE NEW VERSION WILL BE POSTED ON THIS WEBSITE AND WILL TAKE EFFECT IMMEDIATELY UPON POSTING.
IF YOU USE THE WEBSITE AFTER THE NEW TERMS AND CONDITION HAVE COME INTO EFFECT, YOU WILL BE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE NEW TERMS AND CONDITIONS.