1. The Platform: Fiternity is an online platform, accessible through a downloadable app, which enables registered users (‘Users’ or ‘you’) to access a wide variety of events, offerings, and other content from your favourite fitness, health and wellness providers (‘Providers’). From time to time, you may also be able to book special events with us (‘Fiternity Events’).
2. These Terms: These terms of service (the ‘Terms’) form a legally binding contract between you and us. If you disagree with these Terms you can cease using Fiternity at any time and/or close your Account (as defined below) with us. Words which are capitalised and in bold shall have the same meaning throughout these Terms.
3. Privacy and Cookies Policy: The information we collect from you and the ways in which we use it is covered in our Privacy and Cookies policy. The Privacy and Cookies policy forms part of these Terms and by agreeing to these Terms you are deemed to accept the Privacy and Cookies policy.
4. Changes to these Terms: We may update these Terms from time to time. We will notify you of such changes via a suitable announcement on Fiternity or by email. The changes will apply to the use of Fiternity after we have given notice. If you do not wish to accept the revised or new Terms you should stop using Fiternity.
5. Accounts: To use Fiternity and to enable us to administer your use of Fiternity you must register an account (an ‘Account’) with Fiternity. To be eligible to register an Account you must:
6. Technical Requirements: It is your responsibility to ensure that you have an appropriate device/web browser and any other technical requirement in place to access and use Fiternity (including the use of a Bluetooth-enabled device to take advantage of some of Fiternity’s features). You are responsible for the costs you incur in accessing Fiternity, including Internet/mobile use charges.
7. Rejection of registration: We may reject any application for an account and withdraw access to Fiternity to anyone for any reason, at our sole and absolute discretion. We may at any time and for any reason (taking any required technical or legal steps) terminate or suspend any Account, use of Fiternity or any action in relation to Fiternity Events.
8. Passwords: You are responsible for maintaining the security of your password. You may not tell anyone else your password.
9. Changes to Fiternity: We give no warranty, representation or undertaking that a particular feature or function of Fiternity will be available at any given time and reserve the right to cease to offer Fiternity or any feature of it without notice to you.
10. International Use: We make no warranty, representation or undertaking that materials in Fiternity are appropriate or available for use in locations outside the United Kingdom. If you choose to access Fiternity from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws. The features and functions of Fiternity may vary from jurisdiction to jurisdiction.
11. Licence to use Fiternity: We hereby grant you a non-exclusive, non-transferable, licence to access Fiternity and to use it for its intended purpose as a fitness and wellness platform whilst you have an Account with us. Your use of Fiternity is subject at all times to your compliance with these Terms. You may view, retrieve and display the content of Fiternity on a computer screen or other device which connects to the internet for your own personal, non-commercial use, provided you: (i) keep intact all and any copyright and proprietary notices; and (ii) do not otherwise reproduce, copy, distribute, resell or otherwise use it for commercial purposes.
12. Intellectual Property:
13. Fiternity is not a Provider: Other than in relation to your purchase of Fiternity Events (see Part D below), Fiternity is a platform that helps you to get closer to your favourite Providers and to get updates from them and to take advantage of offers and deals Providers offer. Fiternity facilitates your interaction with Providers. We are not a Provider ourselves and we merely provide a platform that is passive and neutral and acts in a way that is technical and automated. Therefore, we are not responsible for any offers or information which you receive or uptake from Providers. Whilst we use reasonable endeavours to ensure our Providers are credible and upstanding organisations we do not give any indication or guarantee regarding their services, any offers from Providers or information from Providers. We have no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Providers.
14. Offers from Providers: Providers may include special offers on Fiternity. Such offers may relate to your use of their facilities or purchase of their goods and services. Such special offers may be subject to their own terms and conditions provided by the Providers. As such, we are not a party to such terms and conditions and have no liability or responsibility in relation to the provision of the Provider’s goods and services or fulfilment of the special offer.
15.Use of Discussion Boards and Online Messaging Facilities: Fiternity includes discussion boards, and in the future may include an online messaging facility, which allows you to communicate within Fiternity. You agree not to use such features:
16. Third Party Links: Certain links, including hypertext links, from Fiternity may take you outside the application. This does not imply endorsement by us of the linked site, its operator or its content. You acknowledge that we do not control the content on such websites and do not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies.
17. Fiternity Events: From time to time, we may give you the opportunity to purchase tickets to our branded events on Fiternity. You acknowledge that our Fiternity Events are not tailored specifically for your needs and we give no representation, warranty or guarantee whatsoever, express or implied, in relation to our Fiternity Events except for those provided in our description of the Fiternity Events on Fiternity.
18. Confirmation: If you purchase tickets for a Fiternity Event you will receive a confirmation email to the email address used to register for the Fiternity Event confirming your purchase. Details in relation to your proof of purchase and how to attend the Fiternity Events shall be provided following purchase.
19. Payment Methods and Pricing: Payment Methods accepted by us are published on Fiternity. We may void any transaction in relation to our Fiternity Events as a result of any error or mistake in relation to pricing, however it may occur (whether due to human error or technical fault). We may cancel any payment or transaction in relation to Fiternity Events if we have reason to believe either that: (a) the User has breached the Terms; or (b) that the transaction is made, or we reasonably suspect it is made, fraudulently or in an otherwise non-bonafide manner.
20. Payment Providers: When you purchase Fiternity Events, we are not a payment provider or a ‘merchant’ for payment. Instead, payment services are provided by an external payment provider and you may be redirected to such provider’s sites. We are not party to any agreement between you and the payment provider and we are not liable for any claim or liability in relation to payment provision services. You may be bound by the payment provider’s terms which may be different to these Terms. Payment providers may decide whether you are suitable to use their services and we are not liable for such decisions. Payment providers may charge additional fees on top of those of the Fiternity Events.
21. Right of Cancellation (‘Cooling Off Period’):
22. Nothing in these Terms shall operate to exclude our or Providers’ liability for death or personal injury caused by our negligence, fraudulent misrepresentation or any other category which cannot be restricted by law.
23. Subject to paragraph 22, neither we nor any Provider shall be liable in respect of:
24. Subject to paragraph 22, our liability to Users or to any third parties is limited to the greater of:
25. Subject to paragraph 22, while we endeavour to ensure that the information on Fiternity is relevant, accurate, complete and up to date, we do not give any warranty or guarantee as to the accuracy, completeness, currency or reliability of any of the material on Fiternity (including, but not limited to, the content and content uploaded by Providers) or that any such material will meet your requirements. The express terms of these Terms are in place of all warranties, representations, conditions, terms, undertakings and obligations which but for these Terms would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
26. Subject to paragraph 22, we make no promise that Fiternity will meet your requirements. We cannot guarantee that Fiternity will be fault-free. If a fault occurs with Fiternity you should report it to firstname.lastname@example.org:8090 and we will attempt to correct the fault as soon as we reasonably can. Your access to Fiternity may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore Fiternity as soon as we reasonably can. We will not be liable to you if for any reason Fiternity is unavailable at any time or for any period. Access to Fiternity may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We may also need to modify or maintain Fiternity at any time.
27. We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
28. You agree that each of these exclusions and limitations is reasonable having regard to the nature of Fiternity.
29. Law and Jurisdiction: These Terms, any collateral contract and any dispute arising out of or in connection with the same shall be governed by and construed in accordance with English law. Any disputes arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.
30. Severability: If any provision in these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law then that provision or part thereof shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.
31. Dealings in Rights and Obligations: You may not assign, sub-license, transfer or charge any of your rights or obligations under these Terms. We may subcontract or assign any of our obligations under these Terms.
32. Complaints and disputes: If you: