Living In Fitness Terms of Use

Welcome to Living in Fitness’s Terms of Use!

This document sets out the conditions that apply to your use of our website, mobile applications and/or services, and your purchase of subscriptions from us. Please review the below terms carefully, as they constitute a binding legal contract between you and us.

  1. Background to these Terms of Use

    1. Please read these terms carefully. Please review these Terms of Use carefully, and make sure that you understand them before using the Site and/or purchasing a Subscription.

    2. Legally binding. These Terms of Use constitute a legally binding agreement between you and LIF.

    3. Acceptance. By accessing this Site or purchasing any Subscription, you agree to be bound by these Terms of Use. If you do not accept them, you are not permitted to use the Site nor purchase any Subscription, and you should cease using the Site immediately.

    4. Consumers only. The Subscriptions and other services offered via this Site are for consumers only – they are only to be used for non-commercial, non-business, private purposes by consumers. By accepting these Terms of Use, you promise to us that you are a consumer and not acting in the course of a business.

    5. Availability. LIF may change or discontinue the availability of the Site and/or any Subscriptions at any time without prior notice.

  2. Definitions

When we use certain capitalised words in these Terms of Use, they have the specific meaning outlined either in this Section 2 or in the sentence where that term is defined. 

  1. “Account” means your account on the Site, which is created when you register with us by completing the registration process on the Site.

  2. “Listing” means a summary on the Site of a Subscription containing (without limitation) a description of the Subscription and/or a statement of the then-current price of the Subscription.

  3. “Site” means: (i) the website located at www.livinginfitness.co.uk (including its subdomains); (ii) any mobile applications made available by LIF through the Apple App Store and/or Google Play Store; and (iii) any other associated interfaces, applications or websites owned or operated by LIF from time to time.

  4. “Subscription” means a subscription to use some of our services which renews at a regular interval (for example, monthly).

  5. “Terms” means the terms and conditions set out on this page, together with the LIF policies explicitly referenced herein (e.g. our Privacy Policy).

  6. “you” and “your” means an end-user of the Site.

  1. Our Right to Vary These Terms 

    1. Changes to these Terms. From to time to time, we may make changes to these Terms. If we do so, we will: (i) post those changes in an updated version of these Terms on the Site; and (ii) where we consider the changes will materially or adversely affect you or your rights, notify you of such changes via email (where possible).

The latest version of these Terms applies. Your use of the Site will always be subject to the latest version of these Terms, which you can find at any time on this page. It is your responsibility to check this page periodically for changes.

  1. Information About LIF and our Contact Details 

    1. Who we are. This Site is operated by [Living in Fitness], a company incorporated and registered in England whose registered office is at 60 Lizmans Court, Silkdale close, Oxford, OX4 2HF. In these Terms, “LIF”, “we”, “our” and “us” are all references to that entity. 

    2. How to contact us. You can contact us by writing to: carl@livinginfitness.co.uk.

    3. How we may contact you. If we have to contact you, we may do so by email to the address you provided when you went through the check-out process on the Site or that is registered on your Account from time to time.

  2. Accounts 

    1. Account creation.  You may choose to register for an Account on our Site. In that case, you will have to provide certain information about yourself as prompted during the registration process on the Site.  

    2. Accurate and up-to-date information. If you do create an Account, all the registration information you submit should be truthful and accurate. We will rely on that information to deliver our services to you and communicate with you. If, for any reason, any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.

    3. Asking us to delete your Account. You can ask us to delete your Account at any time, for any reason, in accordance with our Privacy Policy. Please contact us if you wish to do so.

    4. Our right to delete your Account. We reserve the right to terminate your Account if doing so is necessary to protect the security of our Site, to preserve your privacy, or if you are in breach of these Terms.

    5. You are responsible for your Account. You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your username and password).

    6. Unauthorised use of your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of its security.  

  3. Privacy Policy 

    1. Your privacy. Our policies and procedures relating to our use of your personal information are outlined in our Privacy Policy.

    2. Marketing communications. We may from time to time send you marketing communications about our Subscriptions and other services. We will only do so in accordance with our Privacy Policy, and where either: (i) you have opted to receive such communications from us; or (ii) you have previously purchased similar services from us. You can of course decide to stop receiving such marketing communications at any time by following the steps outlined in our Privacy Policy.

  4. Your Conduct

    1. No harmful material. By downloading and/or using the Site, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site.

    2. Keep your details confidential. You agree and undertake to keep the username and password for your Account confidential, not to disclose your password to any other person, and not to permit any other person to log in to the Site using your username and password.

    3. No interference. You agree not to interfere with the servers or networks connected to the Site, or otherwise jeopardise the correct functioning of the Site.

    4. Other restrictions. You agree not to:

  1. attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Site (or any part of it) to any third party, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Site;

  2. attempt to gain access to secured portions of the Site to which you do not possess access rights;

  3. impersonate any other person while using the Site;

  4. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Site;

  5. resell or export the software associated with the Site;

  6. use the Site for any illegal purposes (or to promote any illegal activity);

  7. use the Site to generate unsolicited advertisements or spam; or

  8. use any automatic or manual process to search or harvest information from the Site, or to interfere in any way with the proper functioning of the Site.

  1. Restrictions 

    1. In providing you with access to the Site and permitting you to purchase Subscriptions via the Site, LIF reserves the following rights (and you agree that LIF will have the following rights):

  1. the right to refuse or withdraw your access to the Site in accordance with applicable laws (with or without notice) if we judge that you to have violated or breached any of these Terms;

  1. the right to remove or amend any Subscription from the Site without giving you notice or any reason;

  2. the right to amend or update the Site, availability or price of any Subscription, and available payment methods from time to time; and 

  3. the right to report you to the police or other judicial body if we believe in our sole and absolute discretion that your conduct on the Site is or may be unlawful.

  1. Intellectual Property

    1. Licence. Subject to these Terms (in particular, the restrictions outlined in the previous section), LIF grants you a licence to use, access, download and install (as relevant) the Site on the basis that this licence is: 

  1. not a commercial licence – you can only access and use the Site for your own personal, non-commercial uses (i.e. not for any business purposes);

  1. non-transferable – you can’t pass this right to someone else;

  2. non-exclusive – other people can access and use the Site;

  3. revocable – we have the right to remove your ability to use the Site; and

  4. limited – the licence does not extend beyond what has just been described above.

  1. Ownership. LIF and/or its licensor(s) are the sole owners of the Site, which includes any software, domains, and content made available through the Site.

  2. Termination of licence. Any unauthorised use of the Site will result in the automatic termination of the limited licence granted by us above. We reserve the right to terminate that limited licence without notice at any time following an unauthorised use by you of the Site.

  3. All rights reserved.  All trade marks, logos, trade dress, service names and service marks (“Marks”) displayed on the Site are LIF’s property or the property of certain other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party as may own the relevant Marks.

  4. App Stores. If you obtain our mobile applications from the Apple App Store or Google Play Store, you acknowledge that we (and not Apple or Google) are responsible for such mobile applications and any content available through them. You understand that neither Apple nor Google has any obligation to you in connection with the use of such mobile applications. However, should you make any in-app purchases, you understand that Apple or Google (as relevant) will charge the relevant amount to your selected payment method, and any requests for refund should be directed to them. Your access to our mobile applications on the Apple App Store or Google Play Store is subject to the terms and conditions applicable to your use of the relevant store.

  1. Your Content

    1. Feedback and reviews. If, at any time, you send to us any feedback, reviews, creative ideas, suggestions, proposals, plans or other materials, whether through the Site, via email, by postal mail or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such content without any compensation to you.

  2. Subscriptions

    1. Incorporation of these Terms. As noted above, in the context of any purchase of a Subscription, your contract with us incorporates, and is governed and conditioned by, these Terms.

    2. Subscription Policy. Our Subscription Policy describes how our Subscriptions operate and your rights in respect of any Subscription, and is incorporated into these Terms by reference.

    3. Subscriptions may vary from their description. LIF aims to use the Listings to give you the information you need to know about the essential characteristics of our Subscriptions. Although we try to make sure they are as faithful as possible to the real thing, any information provided in the Listings are for illustrative purposes only.

    4. Compliance with UK laws. We are a UK-based business, and can only ensure that the Subscriptions we make available through the Site comply with applicable UK laws and regulations.

  3. Payment

    1. You authorise us to charge your payment account. By purchasing a Subscription and providing us with your payment details at check-out, you authorise LIF (acting itself or through its third party payment processor) to charge the relevant account to take payment for your order. You must ensure that you are authorised to use the payment method used for your order. We will not be responsible for any losses you may suffer if the payment method you use to pay for an order does not have sufficient funds to cover all costs of that order.

    2. When do we take payment? We process the transaction and take payment for your Subscription after sending you an order confirmation email. In the case of a rolling Subscription, we will process your recurring payments as set out in your Subscription details. If the payment information you supply to us is rejected or we cannot otherwise process your transaction, your order may be cancelled, suspended, or delayed.

    3. Taxes are included. All prices displayed on the Site include applicable sales taxes (such as VAT) at the rate that is in force from time to time.

  4. Our Liability

    1. We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not a foreseeable result of our breaching these Terms or failing to act with reasonable care and skill.

    2. Our liability to you is limited. In the event of any dispute between you and us relating to these Terms, your use of the Site or the purchase of any Subscriptions, our total liability to you will be limited to: (i) in respect of any dispute relating to a Subscription purchased on our Site, the amount that you paid for that Subscription; or (ii) in respect of any other dispute, the amount of one hundred Pound Sterling (£100).

    3. What we do not exclude. Nothing in these Terms will limit or exclude our liability for:

  1. death or personal injury resulting from our negligence;

  1. fraud or fraudulent misrepresentation;

  2. your key legal rights as a consumer in connection with your purchase of Subscriptions;

  3. any other liability that cannot be excluded or limited by applicable law.

  1. We are not liable for business losses. This Site and the Subscriptions are only for domestic and private use. If you use the Subscriptions for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

  2. Do not rely on information available on our Site. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

  3. We are not liable for events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control. Our performance of our obligations under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.

  4. Site provided ‘as is’ and ‘as available’. We provide the Site to you ‘as is’ and ‘as available’. To the fullest extent permitted by applicable law, we disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement. In particular, we do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.

  1. General

    1. We are not responsible for websites we link to. Where our 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 us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

    2. Complaints. Should you have any complaints about our Site and/or our Subscriptions, please contact us providing clear details of the complaint (including, where relevant, an order reference). We will use reasonable endeavours to respond to your complaint.

    3. Disputes. These Terms are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. If you are a resident of a country in the European Economic Area (EEA), you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EEA country in which you live.

    4. Nobody else has any rights under these Terms. These Terms are between you and us, and no other person will have any rights to enforce any of the relevant terms.

    5. Even if we delay enforcing our rights under these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

    6. If a court finds part of these Terms illegal, the rest will continue in force. Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

    7. LIF may transfer its rights under these Terms to someone else. LIF may transfer its rights and obligations under these Terms to another organisation – for example, this could include another member of LIF’s group of companies or someone who buys its business. We will take reasonable steps to ensure that any such transfer does not affect your rights under these Terms.

    8. Personal agreement. The agreement formed under these Terms is personal to you, and you cannot transfer any of your rights under them to any other person without our prior express written consent. 

Email counts as ‘in writing’. When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you: (i) consent to receiving communications from us by email; and (ii) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

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E-mail: carl@livinginfitness.co.uk
Phone: 01865 920460