Terms & Conditions
Terms & Conditions
IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THIS SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE OR ASSOCIATED WEBSITES.
This site is owned and made available by FindaFitnessBuddy based at Southampton, England (referred to in these Terms and Conditions as "we" and "us"). The Terms and Conditions form part of an agreement between you, and us and sets out the conditions under which you may access the Site to use our services and advertisements (the "Material") available through the Site.
By accessing or viewing the Material and on registration to be become a Member on the site you have indicated to us that you both understand and agree to be bound by its Terms and Conditions.
In these Terms and Conditions, when we say “Site”, we mean our digital content platform, regardless of how you access it.
1. Terms and conditions:
We reserve the right to amend these Terms and Conditions from time to time. Any such amendments will be applicable to all persons accessing the Site once the revisions have been posted onto the Site. You should therefore check the website from time to time to review the current Terms and Conditions.
Although we do check new Member profiles for any content we deem unsuitable we cannot verify the identity of Members or the accuracy of Member Content, nor can we guarantee that we will identify all inappropriate Member Content. Please do not take any Member Content and information as wholly accurate; we will not be responsible for false and misleading statements given by other Members. If you have any concerns over the Member Content on the Site, please Contact Us here.
2. No warranty
The Site is provided on an "as is" and "as available" basis and in particular we do not warrant that:
. The Site will continue to be available to you in either its current format;
. The Site or any software available from it will be free from viruses or defects;
. The Material contained on the Site will be true, accurate or complete in all respects, except always to the extent otherwise set out in the Terms and Conditions and to any warranties which would be implied by law (including without limitation, warranties as to satisfactory quality and fitness for a particular purpose).
Except for death or personal injury arising from our negligence, we shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the Site, or your inability to use it.
4. Downloadable Material
All our downloadable material is carefully checked for viruses before being uploaded onto the site, however we recommend that, as an extra precaution you run your own virus check on each document you download before saving it to your disk or hard drive.
5. Use of the Web Site
. Not to use the Site or its Material for any unlawful purpose;
. That you shall not make any use of the Site in any which causes it to be interrupted, damaged, rendered less efficient, or impairs its functionality any way; in particular that you shall not run any automated scripts on any part of the site without our express authorisation.
. Not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, false, misleading, offensive or of an obscene, sexually explicit or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
. Not to use the Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);
. That you shall not use the Site to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent; and
. That in the event that you may have any right, claim or action against any other Member arising out of the use of the Site you shall pursue such right, claim or action independently of, and without recourse to, us.
. That you will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Site.
. We shall have the right to immediately suspend your access to the Site if you commit a breach of these Terms and Conditions.
6. Intellectual Property Rights
The design, images and content of the Site are, unless otherwise stated, our property or our licensors' property.
We provide Material on the Site solely for your personal use and the reproduction of the whole or any part of the Site, except for any temporary copies made necessarily in downloading the services of the Site, for purposes other than private and personal use, is prohibited, as is distributing, displaying or copying the Site, unless it is for the personal use of a third party.
No part of the Site must be reproduced, transmitted to or stored on any other web site or other form of electronic retrieval system, nor may any part of the site be accessed in such manner as to make it appear part of any third parties web site without our prior written consent.
6.a RSS Feeds
By downloading and using our RSS Feeds you agree to be bound by our terms and conditions.
Our RSS feeds are entirely free of charge for non-commercial use. You may not use our feeds on any site that we would consider a competitor of FindaFitnessBuddy. If you wish to discuss any commercial content or data feed requirements you may have, please contact us.
7. Links to other Sites
Any web sites, businesses or organisations to which you link or communicate with through the Site (including, without limitation, any web site provided by a third party but co-branded web site) are independent of the Site and we have no control over them and accept no liability in respect of your use or inability to use them or any of the content or the behavior of such web sites, businesses and organisations.
We accept no liability with respect to any of the products, information, material or services offered or provided by other organisations listed on, or linked to, this Site. Should you decide to contract with any of these organisations, the contract will be directly between you and the relevant organisation. We will have no contractual involvement, and will not be liable in contract or otherwise for any products, information, materials or services provided to you by any of these organisations.
When seeking access to parts of the Site, such access to interact with other Members you may be asked to register and/or subscribe (for a fee). You must then supply certain details if requested, such as your email address and a password. To become a Member and you can only access the registration areas of the site if:
. You are aged 18 or older;
. You create a profile and/or pay our subscription charge to become a Member or to upgrade your Membership.
. Your email address and password (if requested) are personal and may not be used by anyone else to access the site;
. You do not do anything to allow anyone who is not a registered Member to access any registration area of the site;
. You do not create additional registration accounts which may cause disruption or abuse of the site;
. You do not supply us with false or misleading information or pass yourself off as another Member.
If we believe that you have not complied with these requirements, we may cancel your access to the site immediately and without notice.
10. Rejection, cancellation or suspension
We can at our discretion, refused any application to become a Member. We may also suspend or cancel this agreement and your ability to use the Site with immediate effect, at any time for any reason, including but not restricted to your serious or repeated breach of these Terms and Conditions or any conduct in connection with your use of the Site that we consider inappropriate or disruptive and which is serious or persistent. We will notify you of such termination at your registered email address and invalidate your access to the Site.
11. Your responsibilities
You are legally responsible for material you post or submit and you understand that by doing so you intend it to be published on the Site. Such material may include without limitation words, photographs, artwork, pictures (still or moving) and sound. You give us free of charge the non-exclusive, sub-licensable right to edit, delete, copy, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, make available to the public or otherwise use and re-use material contributed by you (or not use it) on the Site and associated publications, and in any other media (now known or later developed) worldwide for the full term of any rights that may exist in your contribution (including any renewals or extensions) and you waive any moral rights in your contribution for these purposes.
12. Infringement of third party rights
By publishing or posting material on this Site, you warrant to us that:
. You do not infringe the rights of any individual, corporation or organisation, including but not restricted to the owners of any copyright and other intellectual property, confidentiality or privacy right, and you have obtained any necessary permissions.
. You have not defamed any individual, corporation organisation or otherwise affected their legal rights. This may include but is not restricted to: comment which cannot be justified; facts which are untrue or improvable; statements breaching an individual's privacy; statements which may prejudice a court case; images or statements which are obscene, pornographic or illegal; statements which are offensive on grounds of race, religion, creed, colour or which may incite hatred or disrespect in any third party; statements which breach the criminal law, whether or not known to be illegal; statements which may breach professional ethics or standards.
13. Intellectual Property
You acknowledge that all rights, including copyright and database rights, for any content on the Site (including FindaFitnessBuddy trade name and logos) or which is submitted by you belongs to us or are licensed by you to us for the purposes in 11 above. You may use and contribute to the Site for your own private purposes but not for any advertising or other commercial purpose (which includes junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or commercial exploitation). You will not otherwise copy, store, distribute, publish, broadcast, transmit, show in public, create a database (in electronic or any other medium) from downloaded materials or otherwise use any part of this Site without our written permission, except that you may reproduce reasonable extracts of any contribution to the Site and its community, without our prior permission for non-commercial purposes.
You indemnify and will keep indemnified FindaFitnessBuddy, and/or subsidiaries, together with their respective directors, employees and shareholders, from and against all claims, actions, proceedings, liabilities, losses, damages, expenses and costs (including legal costs) arising from any breach of these Terms and Conditions by you or from the publication of any posting or submission howsoever contributed by you or on your behalf. We reserve the right to take over the exclusive defence of any claim, action or proceeding for which you shall be financially responsible, and for which we are entitled to indemnity from you. In such event, you shall provide us with all co-operations as may reasonably be requested by us.
15. Loss or damage - disclaimer
You acknowledge that:
. The contributions to the Site and its community are the statements and views of the contributors and not of us or any of our connected companies, directors employees or shareholders;
. It is your sole responsibility to check the accuracy of any facts and opinions given by any Member on this Site before entering into any commitment based upon them;
. We do not, as a matter of course, actively moderate, monitor or edit the Member contributions to the Site and its community;
. Any third parties advertising on our Site, or external (or link) sites accessible via our websites, are not under our control and we are not responsible in any way for any of their contents or for any agreement you may enter into with a third party arising from your visit to our websites.
16. Limitation of Liability
We are not liable for any loss or damage, howsoever arising, from your registration to the Site and its community by other parties, your use of it or inability to use it, or any errors and omissions on the Site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or foreseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability, which cannot be excluded or limited by law.
17. No warranty
We make no representations and give no warranties with regard to the quality, suitability, reliability, compatibility, accuracy, non-infringement or completeness of the contents or Members of the Site, and any implied warranties are excluded to the extent permitted by law.
We do not warrant that this Site, the server that supplies it, or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control.
18. Data protection
We will use your personal details to administer this site. From time to time, we may send direct marketing or promotional material information from us or selected third parties providing similar services. You can indicate you do not wish to receive such material by editing your account preferences. We do not share your contact details with any third party or service.
19. Inappropriate Use
If we find your use of this site seriously inappropriate, offensive or disruptive, we may use information we have about you to stop such conduct, and this may include informing relevant third parties such as your employer, email provider or, in the case of any suspected unlawful activity, the police.
We reserve the right to determine whether any member or business receives a refund. Any refund, if considered by us to be granted, will be refunded within 28 days.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.
The laws of England and Wales shall govern these Terms and any disputes will be submitted to and resolved by the exclusive jurisdiction of the courts of England and Wales.
24. Direct Debit Terms and Conditions
Direct Debits that have been setup will be called on the following month, on the day date that you setup the initial Direct Debit. Minimum age to setup a Direct Debit on this Site is 18. PayPal will store all Direct Debit financial account details and the site holds no financial details of any members or businesses except your stated business prices and offers within the business profiles. To change the date of Direct Debit collection, contact the Site and we will arrange this on your behalf. If Paypal and the site tries to collect any monthly payment and finds that the Direct Debit has been cancelled, then all subscriptions and advertising exposure will be automatically stopped until payment is received. To cancel your Direct Debit, you may do this at anytime by contacting your bank and cancelling your Direct Debit. It is your responsibility to do this.