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Terms and Conditions

  1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our 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 our website.

1.3    If you register with our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

  1. Copyright notice

2.1    Copyright (c) 2020 Drakes Gym TV.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. Permission to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    stream video files from our website; and subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for training yourself; you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter in electronic form to your friends.

3.7    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

  1. Misuse of website

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)    use our 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;

(g)    impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our website without our permission;

(i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)     access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)    use our website except by means of our public interfaces;

(l)     violate the directives set out in the robots.txt file for our website;

(m)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n)    do anything that interferes with the normal use of our website.

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

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

  1. Use on behalf of organisation

5.1    If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a)    yourself; and

(b)    the person, company or other legal entity that operates that business or organisational project,

        to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, [unless the context requires otherwise] OR [except that [specify exceptions]].

  1. Registration and accounts

6.1    To be eligible for an account on our website under this Section 6, you must be healthy and over 18.

6.2    You may register for an account with our website by purchasing a monthly or  yearly subscription plan on our website.

6.3    You must not allow any other person to use your account to access the website.

6.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5    You must not use any other person’s account to access the website.

  1. User login details

7.1    If you register for an account with our website, you will be asked to type your e-mail address and choose a password.

7.2    You must keep your password confidential.

7.3    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.4    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

8.1    We may:

(a)    edit your account details;

(b)    temporarily suspend your account; and/or

(c)    cancel your account,

        at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you one week notice of any cancellation under this Section 8.1.

8.2    You may cancel or freeze your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

  1. Subscriptions

9.1    To become a subscriber to our website services, you must pay the applicable subscription fees during the account registration procedure. We will send you an acknowledgement of your order. The contract between us for the supply of the website services shall come into force upon the issue of the order acknowledgement.

9.2    You will have the opportunity to identify and correct input errors prior to making your order.

9.3    For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.

9.4    We may from time to time vary the benefits associated with a subscription plan by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

9.5    At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website before the date of renewal.

  1. Fees

10.1  The fees in respect of our website services will be as set out on the website from time to time.

10.2  All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

10.3  You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

10.4  We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

10.5  If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

10.6  If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of GBP 25.00 including VAT; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees),

        and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.

10.7  If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

10.8  We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

  1. Distance contracts: cancellation right

11.1  This Section 11 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

11.2  You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the contract is entered into,

        subject to Section 11.3. You do not have to give any reason for your withdrawal or cancellation.

11.3  You agree that we may begin the provision of services before the expiry of the period referred to in Section 11.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:

(a)    if the services are fully performed, you will lose the right to cancel referred to in Section 11.2;

(b)    if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 11.

11.4  In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 11, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

11.5  If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 11, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 11.

11.6  We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

11.7  We will process the refund due to you as a result of a cancellation on the basis described in this Section 11 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

  1. Report abuse

12.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

12.2  You can let us know about any such material or activity [by email or using our abuse reporting form].

  1. Health and fitness information

13.1  Our website contains general primary subject matter.

13.2  The primary subject matter is not advice and should not be treated as such.

13.3  The primary subject matter on our website is provided without any representations or warranties, express or implied.

13.4  Without limiting the scope of Section 15.3, we do not warrant or represent that the primary subject matter on this website:

(a)    will be constantly available, or available at all; or

(b)    is true, accurate, complete, current or non-misleading.

13.5  You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree that you are responsible for your health and well-being in relation to any exercise programme that you may undertake, whether or not such exercise programme uses the primary subject matter published on this website.

13.6  If you are pregnant or suffer from any medical or physical condition or disability, you should not make any changes to your diet, nutrition, lifestyle, activities or exercise programmes based on the primary subject matter published on our website without first consulting your doctor or another suitably qualified professional.

13.7  You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.

13.8  If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

13.9  If you think you may be suffering from any medical condition, you should seek immediate medical attention.

13.10 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.

13.11 Our website includes interactive features that allow users to communicate with us.

13.12 You acknowledge that, because of the limited nature of communication through our website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

13.13 Any assistance you may receive using any our website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

13.14 Subject to Section 17.1, we will not be liable to you in respect of any loss, injury or damage you may suffer as a consequence your reliance upon the information published on our website.

  1. Limited warranties

14.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will remain available.

14.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

14.3  To the maximum extent permitted by applicable law and subject to Section 17.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

15.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

15.2  The limitations and exclusions of liability set out in this Section 17 and elsewhere in these terms and conditions:

(a)    are subject to Section 17.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

15.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

15.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

15.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

15.6  We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 17.6 shall not apply.

15.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 17.7 shall not apply.

15.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Indemnity

16.1  You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions].

  1. Breaches of these terms and conditions

17.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    [block computers using your IP address from accessing our website];

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

17.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Third party websites

18.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

18.2  We have no control over third party websites and their contents, and subject to Section 17.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Trade marks

19.1  Our website, our video and blog content, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

19.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  1. Variation

20.1  We may revise these terms and conditions from time to time.

20.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

20.3  If you are a consumer and you have purchased any of our website services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions [only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes.  We will give you at least 14 days’ prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.

  1. Assignment

21.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

21.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

22.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

22.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

23.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

23.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

24.1  Subject to Section 17.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

25.1  These terms and conditions shall be governed by and construed in accordance with English law.

25.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

  1. Statutory and regulatory disclosures

26.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

26.2  These terms and conditions are available in the English language only.

26.3  The website of the European Union’s online dispute resolution platform is available at http://ec.europa.eu/odr. The online dispute resolution platform may be used for resolving disputes.

  1. Our details

27.1  This website is owned and operated by Beata Bodnar trading as Drakes Fitness.

27.2  Our principal place of business is at 1 Pardon Street, London EC1V 0LR.

27.3  You can contact us:

(a)    by post, to the postal address given above;

(b)    using our website contact form;

(c)    by telephone, on the contact number published on our website; or

(d)    by email, using the email address published on our website.

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