TERMS AND CONDITIONS OF USE

Last updated 20 March 2021

 

INTRODUCTION

These terms and conditions shall govern your use of the website.

By using the website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the website.

 

If you register with the website, submit any material to the website or use any of the website services, we ask you to expressly agree to these terms and conditions.

These terms of use refer to the following additional terms, which also apply to your use of the site:

The Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to me. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.

COPYRIGHT NOTICE

Copyright ©2021 DK Fitness & Nutrition

Subject to the express provisions of these terms and conditions:

We, together with the licensors, own and control all the copyright and other intellectual property rights in the website and the material on the website; and all the copyright and other intellectual property rights in the website and the material on the website are reserved.

MEDICAL DISCLAIMER & INDEMNITY

Do not undertake any form of exercise unless you are medically fit to do so. If you have underlying conditions, you should consult your doctor before undertaking a fitness program.

By undertaking any programme provided by DK FitNut, you are confirming that you are medically certified as fit to take part. Furthermore, you are accepting sole responsibility for any personal injury, loss, damage or consequential loss arising from any physical activity undertaken or use of the site generally. You agree to indemnify, defend and hold harmless DK FitNut and her affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal and out of pocket expenses made by any third-parties due to or arising out of your use of the site whether such use constitutes a breach of these Terms of Service or violation of the law.

 

You are advised to seek immediate medical attention if you experience difficulty or injury when undertaking online fitness classes and to refrain from undertaking further physical injury until you have been examined by a medical doctor. You are further advised to insure you have adequate public liability insurance in place when undertaking exercise in your home or place of work. You are advised to and hereby warrant that you have undertaken a risk assessment of your home or place of work when undertaking remote exercise classes. The Service Provider shall have no liability for any loss arising from your failure to adequately assess the risks prior to undertaking physical activity.

MODIFICATIONS TO THE SITE AND PRICES

Prices for products are subject to change without notice. We reserve the right at any time to modify or discontinue the access to the Site or content (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.

BILLING AND ACCOUNT INFORMATION

You are entering into a rolling service whereby fees will be charged monthly. You can cancel this service at any time by logging into your members account. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

By making a purchase for on demand access to workouts, or stay supported access, you are agreeing to these terms and conditions.

Where your purchase includes access to a group community, we expect you to behave in a respectful manner towards other members. If we find that you are not doing so, we will remove your access and your membership will be terminated. You will not be entitled to a refund.

 

This is a digital product. This means that, once you make a purchase, you will not be entitled to a refund. This does not prevent you cancelling your membership regarding future payments.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/ phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

 

CHANGES TO TERMS

We may amend these terms from time to time. Every time you wish to use the site, please check these terms to ensure you understand the terms that apply at that time.

We may update and change the site from time to time to reflect changes to the services, users' needs and the business priorities.

 

USE OF MATERIAL

We are the owners or the licensee of all intellectual property rights in the site and any Facebook Group, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may:

  • View pages from the website in a web browser.

  • Use the website for your own personal and business purposes; and you must not use the website for any other purposes. 

  • Print off one copy, and may download extracts, of any page(s) from the site for your personal use and you may draw the attention of others within your organisation to content posted on the site.

You may not:

  • Modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the site must always be acknowledged.

  • Use any part of the content on the site for commercial purposes without obtaining a licence to do so from us or the licensors. If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  • Use the website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.

 

  • Use the website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

  • Use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website without the express written consent.

 

  • Access or otherwise interact with the website using any robot, spider or other automated means, except for the purpose of search engine indexing.

 

  • Violate the directives set out in the robots.txt file for the website or use data collected from the website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

 

  • Use data collected from the website to contact individuals, companies or other persons or entities.

 

You must ensure that all the information you supply to me through the website, or in relation to the website, is true, accurate, current, complete and non-misleading.

SITE INFORMATION

 

The content on the site and any Facebook Group is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the site.

 

Although we make reasonable efforts to update the information on the site, we make no representations, warranties or guarantees, whether express or implied, that the content on the site is accurate, complete or up to date.

 

LINKS 

 

Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by me of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

 

CONTENT

This website, and any Facebook Groups, may include information and materials uploaded by other users of the site, including comments. This information and these materials have not been verified or approved by me. The views expressed by other users on the site do not represent our views or values.

 

If you wish to complain about information and materials uploaded by other users please contact us at dkfitnut@gmail.com

 

We am not responsible for viruses and you must not introduce them. We do not guarantee that the site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the site. You should use your own virus protection software.

 

You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.

 

LINKING TO THE SITE

 

You may link to the home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not establish a link to the site in any website that is not owned by you.

 

The site must not be framed on any other site, nor may you create a link to any part of the site other than the home page.

 

We reserve the right to withdraw linking permission without notice.

 

If you wish to link to or make any use of content on the site other than that set out above, please contact dkfitnut@gmail.com


 

ENTIRE AGREEMENT

 

These terms and conditions, together with the Privacy and Cookies policy, shall constitute the entire agreement between you and us in relation to your use of the website and shall supersede all previous agreements between you and us in relation to your use of the website.

COUNTRY LAW

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Irish law. You and us both agree that the courts of Ireland will have exclusive jurisdiction.

 

CONTACT US

If you have questions or comments about these Terms and Conditions, please contact us at:

 

DK Fitness & Nutrition

Dublin, Ireland

Dkfitnut@gmail.com