These terms and conditions shall govern your use of our website.
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.
If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
Copyright (c) 2021 JC FITNESS.
Subject to the express provisions of these terms and conditions:
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
all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Licence to use website
view pages from our website in a web browser;
download pages from our website for caching in a web browser;
print pages from our website;
stream audio and video files from our website; and
use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
republish material from our website (including republication on another website);
sell, rent or sub-license material from our website;
show any material from our website in public;
exploit material from our website for a commercial purpose; or
redistribute material from our website.
Notwithstanding Section 3.4, you may redistribute our newsletter in print and electronic form to any person.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
You must not:
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 or accessibility of the website;
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;
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;
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;
access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
violate the directives set out in the robots.txt file for our website; or
use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You must not use data collected from our website to contact individuals, companies or other persons or entities.
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.
Program Guidelines & Payment Terms
Duration: 12 Week Program (up front or split payment) + Recurring Subscription (until cancelled)
You hereby authorise us to collect the cost of your program through an up front or split payment with the following recurring payments starting 12 weeks after your first payment.
If payment fails, you must remedy this situation and provide a valid form of payment within five (5) calendar days or Client may be removed from the Program.
Payments may be made via credit or debit card.
Payments are due in full on the due date & no payments will be refunded at any time for any reason.
For all credit or debit card payments:
You hereby consent to having these charges automatically charged to your credit or debit card on the due date.
J Clarke Fitness is authorized to collect the payment due (in full) by collecting on any/all credit or debit cards that are provided to JC by the client.
You may determine which payment method is preferred and the client is responsible for informing J Clarke Fitness of this preference at least two (2) business days prior to the payment due date since the TP payment system may automatically charge one of the cards on file that may not be the client’s preferred payment method.
Terms of Sale
You hereby agree that all Program sales are final, non-refundable, and non-transferrable.
You agree to make all payments on time and in full as outlined in Section 5
You agree that you have fully consented to any payment to J Clarke Fitness and that any/all payments are valid and that you have consented to the purchase of the Transformation Program as outlined in Section 5.
You agree to waive any/all rights to charge-back, dispute, or make claims (“disputes”) against any payment made to J Clarke Fitness as being fraudulent, purchased in error, services not delivered to you, product not received, or any other dispute which claims that any payment is unlawful.
You agree to not initiate any disputes or claims through your credit card company, bank, lending institution, or any other payment provider since you have fully consented to all charges outlined in Section 5 and thus you agree that you may not dispute any payments made to J Clarke Fitness for the Transformation Program.
Registration and accounts
You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
You must not allow any other person to use your account to access the website.
You must notify us in writing immediately if you become aware of any unauthorised use of your account.
You must not use any other person's account to access the website, unless you have that person's express permission to do so.
User login details
If you register for an account with our website, you will be asked to choose a password.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of any disclosure of your password.
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.
Cancellation and suspension of account
suspend your account;
cancel your account; and/or
edit your account details,
at any time in our sole discretion without notice or explanation.
You may cancel your account on our website using your account control panel on the website.
Your content: licence
In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and, with your specific consent, publish your content on and in relation to this website.
You grant to us the right to sub-license the rights licensed under Section 8.2.
You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
You may edit your content to the extent permitted using the editing functionality made available on our website.
Without prejudice to our other rights under these terms and conditions, if you breach any provision of 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 delete, unpublish or edit any or all of your content.
Your content: rules
You warrant and represent that your content will comply with these terms and conditions.
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
be libellous or maliciously false;
be obscene or indecent;
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
infringe any right of confidence, right of privacy or right under data protection legislation;
constitute negligent advice or contain any negligent statement;
constitute an incitement to commit a crime;
be in contempt of any court, or in breach of any court order;
be in breach of racial or religious hatred or discrimination legislation;
be in breach of official secrets legislation; or
be in breach of any contractual obligation owed to any person.
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.
You can let us know about any such material or activity by email or using our abuse reporting form.
Health and fitness information & product use
Our website contains general health and fitness information, training and nutrition plans.
The health and fitness information & plans on our website are provided without any representations or warranties, express or implied.
Without limiting the scope of Section 11.3, we do not warrant or represent that the health and fitness information on this website:
will be constantly available, or available at all; or
is true, accurate, complete, current or non-misleading.
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 health and fitness information published on this website.
You should not make any changes to your diet, nutrition, lifestyle, activities or exercise programmes based on the health and fitness information and plans offered on our website without first consulting your doctor or another suitably qualified professional.
You must not rely on the information or plans on our website as an alternative to medical advice from your doctor or other professional healthcare provider.
If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
If you think you may be suffering from any medical condition, you should seek immediate medical attention.
You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
Our website includes interactive features that allow users to communicate with us.
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.
Subject to Section 13.1, we will not be liable to you in respect of any loss, injury, damage or lack of results you may experience as a consequence of your reliance upon the information published or the plans on our website.
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.
To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Limitations and exclusions of liability
Nothing in these terms and conditions will:
limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation;
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 13 a elsewhere these terms and conditions:
are subject to Section 13.1; and
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.
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.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
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.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
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.
Breaches of these terms and conditions
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:
send you one or more formal warnings;
temporarily suspend your access to our website;
permanently prohibit you from accessing our website;
commence legal action against you, whether for breach of contract or otherwise; and/or
suspend or delete your account on our website.
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).
Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The third party registered and unregistered trademarks 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.
We may revise these terms and conditions from time to time.
We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
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.
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.
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.
Third party rights
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.
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Subject to Section 13.1, 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.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with Irish law.
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Ireland.