Online Terms & Conditions

PART A GENERAL USE TERMS

Media Fitness Limited ("we", "our" or "us") operates the Website and Channel located at the domain / url www.fitness.tv including webpages operated under that domain and all subdomains of fitness.tv (the "Website") and the television channel broadcasting on the BSkyB platform (the "Channel") . Though we endeavour to ensure the accuracy of the information placed on the Website and Channel we do not warrant or guarantee the accuracy or correctness of such information or of any other content, description or material placed on or referred to on the Website and Channel. We do not warrant that the Website and Channel, its content or the server that makes the Website available are error or virus free or free of other harmful components or that your use of the Website and Channel will be uninterrupted.

In no event will we be liable for any loss or damage (whether direct or indirect, including loss of profits or any consequential loss) resulting from or in any way connected with your use of the Website and Channel whether caused by negligence or otherwise, although we do not limit or exclude our liability for death or personal injury resulting from our negligence.

Your use of the Website and Channel is conditional on your acceptance without modification of these terms. Your use of the Website and Channel constitutes your acceptance of these terms. Additional terms may apply to various content on the Website and Channel that further govern use of that section of the Website and Channel, and your use of such content and acceptance of additional terms shall be accepted upon completion of your registration. If you are dissatisfied with the Website and Channel or any content or materials on it, your sole exclusive remedy is to discontinue your use of it.

All content which features on the Website and Channel including but not limited to the text, photographs, images, graphics, illustrations, designs ,video, written and other material including the program and code that operates this Website (together the "Content") is protected by copyright, trade mark and/or other proprietary rights owned by or licensed to us. Should you choose to record, download print or copy any content from this Website and Channel, you must do so only in accordance with these terms. Such activity is permitted only for your personal use or for supply to third parties for no commercial gain and for their personal use only (unless stated otherwise). In all cases we must be acknowledged as the source of the material. You acknowledge that you have no right to use the Content in any other manner. If you want to make additional use of any of our material outside the terms of this disclaimer, you should apply to us using the Contact Form for the appropriate consent and conditions. Unless stated otherwise on this Website and Channel all other uses of the Content are expressly prohibited.

The Website and Channel may provide links or reference to other third party websites and channels, the content of which is not in our control. Accordingly we cannot accept any responsibility for the materials or offers for goods or services featured on such third party websites and channels. Links to such third party websites and channels are not to be taken as an endorsement of them or as a warranty that third party Websites will be free of viruses or other such items of a destructive nature.

Please note that goods and services supplied or made available through the Website and Channel or through websites and channels which are linked to it may be supplied by third parties and not by us. Any dealings between you and such third parties, including payment for and delivery of products or services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party supplier. You agree not to hold us (including any of our officers, employees or group companies) liable for any loss or damage of any kind incurred as the result of any such dealings.

Certain areas of the Website are only accessible following registration where you apply to become a "Registered User" and receive a username and password in respect of such account registration. You warrant that the information which you provide when you register is true, accurate and complete in all respects and you agree to notify us immediately of any changes by amending your details using the My Account site function. Use of the areas of the Website by a Registered User can only be by you and cannot be assigned, transferred or used by any third party. We are not liable for any loss or damage arising from your failure to comply with this obligation. The submission of your details/information and your use of the Website as a Registered User constitutes your acceptance of the additional terms (including the Privacy Policy) that apply to areas of the Website available to Registered Users.

The Channel and certain areas of the Website may request that you supply written and video content and/or images (which may include photographs, pictures or other images of a graphical nature) to the Channel and Website (each a "Submission"). The act of sending a Submission to us will be treated as your acknowledgement and representation that (a) you are the copyright owner of such Submission, or that you have been granted the express permission of the copyright owner of such Submission consistent with the manner and purpose of you making the Submission available to us on the Website and Channel (b) you have or have been granted the rights necessary to grant us the licenses detailed below and (c) that each person depicted in any Submission (if any) has provided you with express consent to use the Submission as envisaged in these terms. By making a Submission to us you hereby grant (a) us a license to reproduce, display in public and/or distribute any such Submission (including, but not limited to, making the Submission available to other users or viewers of the Website and Channel), and (b) to any other user of the Website and Channel the permission and license to use and view your Submission to the fullest possible extent as permitted by these terms. The licenses which you grant above shall be world-wide, royalty-free licenses to copy, distribute, transmit, sub-license, display, reproduce, edit, translate and reformat your Submission without having your name attached or acknowledged in connection with any such Submission. The licenses granted by you in making a Submission shall not be capable of being revoked and you expressly agree to indemnify us for any and all losses (including consequential losses and all reasonable legal costs) which we may incur should we use any or part of your Submission in the manner detailed above. You understand and acknowledge that no compensation will be paid to you with respect to the use of your Submission. We shall be under no obligation to use all or part of the Submission either on this Website or the Channel or for any other reason.

Disclaimers for participants in training routines

The provisions in this section apply to all participants in fitness or training programmes whether broadcast on the Website, including the Fitness TV premium site or Channel .

The effectiveness of a fitness or training routine is dependent on current fitness level, how often individuals train and various other factors. We recommend that everyone undertake a fitness test to assess the level of workout which they are capable of achieving before undertaking the fitness and training routine contained in a programme.

Whilst wherever possible Fitness.TV shall provide a guide as to the standard of the workout prior to the workout commencing e.g. basic, intermediate or advanced it is impossible for Fitness.TV to assess a viewers level of fitness and suitability for taking part or to assess the effect of participation in the workout on the viewers health or fitness.

In particular a viewer should be especially careful when considering whether to take part in a routine where that routine forms part of a series with the workouts becoming progressively more difficult and the viewer has not taken part in all of the previous workouts.

Before commencing this or any other fitness training routine you should consult your doctor. Pregnant women should be especially careful and ensure that their doctor advises that the fitness and training routine contained in the programme is suitable for them. The programme and the fitness training routine contained within it may not be suitable for everyone. These routines or any other exercise routine may result in injury, particularly if done incorrectly. Always complete the appropriate 'warm up' before starting any workout programme. Always complete the appropriate 'cool down' or 'relaxation' when you complete the workout. You are strongly advised not to join a workout part way through.

You should never disregard medical advice or delay in seeking it because of something you have read or heard on the Website and Channel. Media Fitness Limited is not responsible for any health problems that may result from training programmes, products, or events you participate in that are broadcast on the Website and Channel. If you engage in any exercise programme you view or that is advertised on the Website and Channel you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself and others, and agree to release and discharge Media Fitness Ltd from any and all claims or causes of action, known or unknown, arising out of your use of the Website and Channel. You agree to indemnify and hold harmless Media Fitness Limited for any loss, liability, claim, damage, and expenses (including reasonable legal fees) arising from or in connection with your use of the information or services you receive through the Website and Channel.

Media Fitness Limited is not a medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Any advice given on the Website and Channel is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Media Fitness Limited does not have the capacity to respond to any individual queries from viewers as to their suitability for participating in a particular routine. As a guide if the viewer is a member of a fitness club the viewer may wish to consult an instructor as to the suitability of their participation in the programme.

PART B FITNESS.TV PREMIUM TERMS

The following terms and conditions under this Section B (the "Fitness TV Premium Terms") apply in respect of your subscription to access the premium content available on the Website known as Fitness TV Premium (the "Fitness TV Premium Site"). The Fitness TV Premium Site is provided to you, the subscriber ("you", "your") on the basis that you pay the Fee (in the manner detailed below) and accept the Terms and Conditions including the General Use Terms , the Privacy Policy and the terms in this Part B. These terms form a legal agreement and set out the rights and obligations of you and Fitness TV Limited including its agents and group companies ("we", "us", "our"). By agreeing to these Terms and Conditions and Privacy Policy you are agreeing to be bound by these Fitness TV Premium Terms.

To the extent that these Fitness TV Premium Terms conflict with Part A - General Use Terms and Conditions of the Website and Channel ("General Use Terms") the order of priority shall be: (i) these Fitness TV Premium Terms; then (ii) General Use Terms. For the avoidance of doubt the terms in Part A under the section headed "Disclaimers for participants taking part in training routines" shall apply to participants viewing material on the Fitness TV Premium Site.

1. Use of the Service

We will provide you with access to various features and services within the Fitness TV Premium Site including audio/video footage of fitness classes. Full details on the content provided can be found on the Fitness TV Premium preview page. As part of the Fitness TV Premium Site we will provide access to certain video and audio footage, photographs, text images, statistics, logos and other media and intellectual property related to Fitness TV. All design, text, graphics, footage and the selection or arrangement thereof are the copyright of us or our respective licensees. We may from time to time modify or discontinue the Fitness TV Premium Site at our sole discretion without giving you notice. We reserve the right to refuse to accept your subscription application.

You warrant that the information which you provide when you register is true, accurate and complete in all respects and you agree to notify us immediately of any changes by amending your details using the "My Account" site function.

On registration to the Fitness TV Premium Site you will be required to enter a username and password. You must keep the password secure and not disclose it to any other person. If it becomes known by a third party, you must immediately change your password using the My Account site function. We are not liable for any loss or damage arising from your failure to comply with this obligation.

The Fitness TV Premium Site is to be used by only one individual per username. In order to use the Fitness TV Premium Site or access the content, you must: (a) obtain access to the World Wide Web and pay any service fees associated with such access; (b) provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other necessary access device: we recommend that you use the preview page to ensure that you can access content satisfactorily; and (c) have Real Player and Windows Media Player software (the "Software") installed on your terminal. Your use of the Software is subject to the terms of the licence granted to you by the licensor. We are not providing and are not responsible for the Software, or for any problems caused by the Software, computer hardware or computer operations systems.

Your right to use the Fitness TV Premium Site is personal to you. You are wholly responsible for the use of the Fitness TV Premium Site by any person using your terminal or point of presence and you are responsible for ensuring that any such person also fully complies with these Fitness TV Premium Terms. You agree to use the Fitness TV Premium Site in a manner consistent with any and all applicable laws and regulations in the country from which you have accessed the Fitness TV Premium Site.

You must not (nor authorise or permit any other party to):

(a) abuse the Fitness TV Premium Site or use it for any unlawful purpose;

(b) transmit any computer viruses or any other disruptive or harmful contaminants through the Fitness TV Premium Site;

(c) use the Fitness TV Premium Site in a way that may cause it and/or any equipment used by us to provide the Fitness TV Premium Site (together the "System") to be interrupted, damaged, rendered less efficient or impaired;

(d) store your password anywhere on a computer in plain text;

(e) use the Fitness TV Premium Site in any manner which violates or infringes the rights of any person, firm or company (including without limitation rights of intellectual property, confidentiality or privacy);

(f) reproduce, modify, distribute or publish any of the content of the Fitness TV Premium Site without our prior written permission although you may electronically copy and print in hard copy portions of the Fitness TV Premium Site for your personal use only and not for any commercial gain;

(g) sell, assign, transfer or delegate all or any of your rights and obligations to another person or entity, or share use of the Fitness TV Premium Site or any content contained within it.

2. Payment

You must pay the subscription fee (the "Fee") applicable to the time period you have subscribed (the "Service Period"), in accordance with the fee plan notified to you at the time of registration.

Unless otherwise stated, the Fee is subject to VAT where applicable and any other applicable taxes from time to time, for which payment you shall be liable.

You may pay the Fee in a number of ways:

(a) Credit/Debit Card

The Fee will be automatically billed against the credit/debit card number that you provide in the registration form. Payment may be made by any of the following credit, debit or prepaid cards: Visa, Mastercard, Switch/Maestro, Solo or Visa Delta.

(b) Direct Debit

If you elect to pay by direct debit we will debit the bank account which you provide the details of in the registration form. The amounts to be debited will be as set out in the fee plan notified to you. If at any time the debit instruction fails we shall use our reasonable endeavours to notify you by email and reserve the right to suspend or terminate your access to the Fitness TV Premium Site until payment is received.

You may elect to pay by cheque or postal order. We will endeavour to process your payment within 14 days of receipt of your payment. We do not accept any responsibility for payments which are not received by us or accepted by your bank.

We will notify you by email that we have processed your payment of the Fee and inform you that you are an Fitness TV Premium holder. The email message will constitute our acceptance of your subscription application. Our acceptance of your order will be deemed complete and received by you at the time and date we send the email, which time and date is specified on the email. We accept no responsibility for you not actually receiving the email, for reasons outside our control.

If you elect to pay by either credit/debit card or direct debit and sign up for the monthly Service Period or if you elect to pay by direct debit and sign up for the annual Service Period your subscription will be automatically renewed without notice at the end of the previous billing period unless you have cancelled the service in the meantime.

If you elect to pay by credit/debit card and sign up for the annual Service Period then, unless you have cancelled in the meantime, you will be sent an email one month before the end of your Service Period offering you the opportunity to cancel, supply alternative payment details or continue your subscription. If you choose not to cancel or respond to this email then your annual subscription will be automatically renewed using existing payment details. If the credit/debit card details have expired at the point when we attempt to renew your subscription then we shall terminate your access to the Fitness TV Premium Site, notify you by email and request revised payment instructions.

3. Cancellation and Refunds

You may cancel your subscription at any time using the "My Account" site function. If you cancel your subscription within 7 (seven) days of the date of subscribing for the Fitness TV Premium Site you will be entitled to a full refund of the Fee. In order to receive the refund you must contact us after cancellation using the Contact Form. Any notice given by you after this period shall not be effective to entitle you to receive a refund. We will refund such sums by crediting your credit/debit card or sending you a cheque (as applicable).

4. Disclaimer of warranties

We are providing the Fitness TV Premium Site on an "as is" basis and make no representations or warranties of any kind with respect to the Fitness TV Premium Site or its content including (without limitation) implied warranties as to completeness, accuracy, satisfactory quality and fitness for a particular purpose, except to the extent required by law. We do not warrant that the Fitness TV Premium Site will meet your particular requirements or that it will be uninterrupted, timely, secure or error-free.

5. Limitation of liability

Neither we nor any of our directors, employees or other representatives will be liable for damages, in contract, tort or otherwise including negligence, arising out of or in connection with the use of the Fitness TV Premium Site. You confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Fitness TV Premium Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. We do not limit or exclude our liability for death or personal injury resulting from our negligence.

6. Suspension and Termination

We may suspend or close the Fitness TV Premium Site or your access to the Fitness TV Premium Site at any time in our absolute discretion if:

(a) your use of the Fitness TV Premium Site is considered abusive, excessive, or against the interests of other subscribers;

(b) your use of the Fitness TV Premium Site is considered in breach of these Fitness TV Premium Terms and/or the General Use Terms; or

7. Maintenance

From time to time, the Fitness TV Premium Site may be taken down and your access to it suspended in order for work to be carried out relating to the upgrading or maintenance of the System as necessary for the provision of the Fitness TV Premium Site. We shall give as much notice as is reasonable in the circumstances and shall endeavour to ensure that such works are carried out as expeditiously as is possible in the circumstances.

8. Licence to download material

We grant you a non-exclusive, non-assignable, and non-transferable licence to use and display, for personal use only, one copy of any material that you may download from the Fitness TV Premium Site, including, but not limited to, any files, codes, audio, or visual images incorporated in or generated by the Software (collectively "Downloaded Material") provided, however, that you maintain all copyright and other notices contained in such Downloaded Material. You acknowledge and agree not to sublicense, assign, or otherwise transfer this license or the Downloaded Material to any third party. You also agree not to alter, disassemble, decompile, reverse engineer, or otherwise modify the Downloaded Material.

9. Indemnity

You agree to fully indemnify us immediately on demand against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Fitness TV Premium Terms by you (or any other user who accesses the Fitness TV Premium Site using your username) or any other liabilities arising out of your or their use of the Fitness TV Premium Site and/or the System. You shall provide us with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.

10. Tax

You may be subject to taxes on your registration, which are levied in respect of the Fitness TV Premium Site. These duties and taxes plus any additional administrative charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs and taxation policies vary widely from country to country. You should contact your local customs or tax office for further information.

PART C GENERAL

Any notices we send will be sent to the email address (username) you supply during the registration process. Any notices you send us should be sent through the Contact Form. Notices will be deemed to have been delivered at the time and date of sending of the email, which time and date are specified in the email. If we fail to exercise or enforce any right we have under these Terms and Conditions such failure will not be deemed to be a waiver of that right nor will it prevent us exercising or enforcing that right on a later occasion. We will not be liable to you for any breach of these Terms and Conditions by us due to any cause beyond our reasonable control. We reserve the right to vary and/or update these Terms and Conditions from time to time at our sole discretion, without notifying you. General Use Terms and Fitness TV Premium Terms are accessible from the homepage of the Website and can be viewed by you at any time. We recommend you check the Website regularly to ensure you are aware of any changes. Changes to the Terms and Conditions will be deemed to have been accepted by you if you continue to use the Service after a period of one week from the date the updated Fitness TV Premium Terms or General Terms of Use are posted in the manner set out above. We may assign or transfer all or any of our rights and obligations under these Terms and Conditions to a group company or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Website.

These Terms and Conditions and the Privacy Policy, constitutes the entire agreement between us and you with respect to this subject-matter and excludes any representations or warranties previously given or made other than any fraudulent misrepresentation and it may be amended only by us on notice to you. These Terms and Conditions and your access to and use of the Website and Channel are subject to the laws of England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales. If you wish to make any suggestions or complain about any matter in respect of this Site please contact us at info@fitness.tv.