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NDM Sports & Personal Training
E: nick@ndm.training Tel. +44 (0)117 251 0161
PGCE | Level 4 Strength and Conditioning Coach | Kettlebells | Olympic Lifting | Training camps

© 2018 NDM Sports and Personal Training

NDM Sports & Personal Training Terms and Conditions of Use:

 

These terms and conditions (Terms) are a legally binding agreement between you (you) and NDM Sports & Personal Training registered in England and Wales with company number 190512229 whose registered address is at 37 Lake Road, Bristol BS10 5HY, United Kingdom (NDM Sports & Personal Training us or we) for:

• NDM Sports & Personal Training’s workout video, website & programme, the data supplied with the software, services accessible through the mobile website software, and associated media and

• online documents (Documents).

 

We license use of the website and Documents to you on the basis of these Terms and subject to any rules or policies applied by any provider, if you use the Website, Documents and stream the Video. We do not sell the Website, Video or Documents from the website to you. We remain the owners of the Website and Documents at all times.

 

Important notice:

- These Terms include important information about your legal rights and obligations, including details about how we will use your personal data (see term 1.5), and the extent of our responsibilities and liabilities to you any (see term 7). If you do not understand anything in these Terms you should seek independent advice.  

- By accessing, using or downloading the product, you agree to follow and be bound by these Terms, which may be updated by us from time to time. If we update these Terms we will put a notice on our website and send an e-mail with a link to the revised terms to the e-mail address you have provided to us. Your continued use of the product after such a change represents your agreement to the amended Terms. You can review the most current version of the Terms at any time at 

- The product is not intended for and is not designed for use by anyone under the age of 18.

- As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the product and Documents. However, you will lose the right to cancel the transaction once you begin to download the product or Documents. This does not affect your rights if the product or Documents are defective.

 

Agreed Terms

 

Payments

If you choose to become a subscriber of NDM Sports & Personal Training, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by NDM Sports & Personal Training) (“Payment Method”). You will immediately be charged for your subscription fees after you click “Submit” on the confirmation page and your account will be activated. You agree to pay all subscription fees in connection with your username and password for your NDM Sports & Personal Training account.

 

Fees and Renewals

All subscription fees are payable in advance. Subscription fees will be billed automatically to the Payment Method at the start of the period, as applicable. You authorize NDM Sports & Personal Training to charge your Payment Method for the appropriate subscription charges. NDM Sports & Personal Training reserves the right to increase subscription fees or to institute new fees at any time upon reasonable notice posted in advance on this Site. All purchases are final and no refund will be given for unused portions of your subscription period.

 

 

Acknowledgements

1. These Terms apply to the website, including any updates or supplements to the website, unless they come with separate terms (in which case those terms apply).

2. To use or otherwise access the website, you must have a mobile device that is compatible with the website. We do not warrant that the website will be compatible with your mobile device.

3. You agree to pay any fees due for and incurred by your use of the website.

4. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in term 2.2(a) (Devices) to download the website onto the Devices. You and they may be charged by your and their service providers for Internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the website on or in relation to any Device, whether or not it is owned by you.

5. The terms of our privacy policy from time to time, available at (Privacy Policy) form part of these Terms. By using the website, you acknowledge and agree that we cannot guarantee that any Internet transmissions between us and your Device will be completely private or secure. You understand that any message or information you send using the website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

6. As stated above, your continued use of the website after the posting of any modifications or changes to the Terms or Privacy Policy is your binding acceptance of such changes. Additional and/or different terms and conditions of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before accessing, purchasing, using or subscribing to such services or products.  

7. By using the website, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals that are internet-based or wireless to improve our products and to provide the website to you.

8. The website may contain links to other independent third-party apps (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

 

2. Grant and scope of license

1. In return for you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive, revocable license to use the website, subject to these Terms, the Privacy Policy and any App store Rules, as follows:

1. to use the website with one Account.  An Account is comprised of the shared resources accessible by a single login ID on one mobile device owned or leased solely by you for your personal use;

2. to employ the website on the Devices.

2. You may:

1. download data from the website onto one (1) Device and view, use and display the website on that Device for your personal purposes only; and

2. use the Documents for your personal purposes only.

3. License restrictions

1. Except as expressly set out in these Terms or as permitted by any local law, you agree:

1. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Website or Documents;

2. not to make alterations to, or modifications of, the whole or any part of the Website, or permit the Website or any part of it to be combined with, or become incorporated in, any other programs;

3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or attempt to do any such thing except to the extent that such restriction is expressly prohibited by law; and  

4. not to delete the copyright and other proprietary rights notices on the Website.

2. You acknowledge and agree that we may from time to time issue upgraded versions of the Website, and may automatically electronically upgrade the version of the Website that you employ on your Device (depending on the settings you have on your Device). You expressly consent to such automatic upgrading on your mobile device, and agree that the Terms (and any additional modifications of the same) will Apply to all such upgrades.  

3. The license set out in these Terms grants you a limited right to use the Website, and is not a sale of the Website or any intellectual property rights in it to you, and we and/or our third party partners or suppliers retain all rights, title, and interest in the Website. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in the Terms is void.

 

4. Acceptable use restrictions
You must: 

1. not use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website or any operating system;

2. not infringe our intellectual property rights or those of any third party in relation to your use of the Website, including the submission of any material (to the extent that such use is not licensed by these Terms);

3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website;

4. not use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

5. not collect or harvest any information or data from the Website or our systems or attempt to decipher any transmissions to or from the servers running the Website.

6. Intellectual property rights

1. You acknowledge that all intellectual property rights in the Website, and the Documents anywhere in the world belong to us or our licensors, that rights in them are licensed (not sold) to you, and that you have no rights in, or to, the Website or the Documents other than the right to use each of them in accordance with these Terms.

2. You acknowledge that you have no right to have access to the Website in source-code form.
 

7. Things we are not responsible for

1. We and our subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers make no warranty that: (a) the Website will meet your requirements; (b) the Website will be uninterrupted, secure, or error-free; (c) the quality of any products, services, information or other material purchased or obtained by you through the Website will meet your expectations; or (d) any errors in the Website will be corrected.

2. The Website is intended to provide you with support in training for exercise or event-related targets that you have determined yourself, based on your own knowledge of your level of physical fitness, and overall health. We do not determine those targets, or know whether or not you are capable of achieving them. The information provided through the Website is therefore necessarily of a generic nature and not personalized to your personal level of physical fitness or overall health. We do not take responsibility for and have no liability in respect of your achievement of those targets, your physical fitness, or overall health.

3. We recommend that you consult with your doctor before you use the Website. We are not qualified to and do not represent that we provide medical services of any kind. We do not take responsibility for and have no liability in respect of determining the effect of any specific exercise on any medical condition you may have. The Website is not a substitute for professional medical advice, diagnosis, or treatment and you should not disregard medical advice or delay in seeking medical advice because of anything in the Website. You agree that the Website is not intended to and does not remove or limit the normal risks associated with any exercise or exercise programme, including the risk of physical injury or other negative health consequences.

4. It is possible to use the Website in associated with specific events. We do not take responsibility for and have no liability in respect of any part of the organization of any event with which the Websitemay be used, unless we explicitly say otherwise. You should read your agreement with the relevant event organizer to understand the extent to which they take responsibility for and accept liability in respect of all parts of the organization of the event.

5. We do not take responsibility for and have no liability in respect of any failure to perform, or delay in performance of, any of our obligations under these Terms to the extent it is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. In such situations our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the situation and we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the situation.

8. The extent of our liability to you

1. You acknowledge the Website has not been developed to meet your individual requirements and it is therefore your responsibility to decide whether the Website, as described in the Documents, meets your requirements.

2. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, and in such situations up to the limit set out in term 7.4. We are not responsible for any unforeseeable loss or damage you suffer. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time you agreed these Terms.

3. Our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100 (GBP one hundred. This does not apply to the types of loss set out in term 7.4.

4. Nothing in these Terms shall exclude or limit liability our for death or personal injury to the extent that such injury results from: (a) our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited by English law.

9. Termination

1. You agree that we may, without prior notice, terminate these Terms and/or terminate or suspend your access to the Website if:

1. you breach these Terms;

2. we are required to do so by a court order or the instruction of any competent governmental or regulatory authority;

3. you ask us to do so by deleting your account;

4. there are unexpected technical or security issues or problems;

5. your access to the Website is for a limited period (for example provided to you as part of an event entry) and that period has ended; or

6. you do not pay any charges you owe in connection with the Website.

2. On termination for any reason all rights granted to you under these Terms shall cease and you must immediately cease all activities authorized by these Terms, including your use of the Website.

3. Termination of these Terms and/or termination or suspension of your access to the Website may include: (a) removal of access to some or all functionality within the Website; (b) deletion of your information and files associated with your use of the Website; and (c) barring of further use of the Website.

10. Communication between us

1. If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to: NDM Sports & Personal Training, 37 Lake Road, Bristol BS10 5HY United Kingdom and/or nick@ndm.training. We will confirm receipt of this by contacting you in writing, normally by e-mail.

2. If we have to contact you or give you notice in writing, we will normally do so by e-mail to the address you provide to us in your request for the Website, but may use any other contact details you have provided to us.

 

11. Other important terms

1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.

2. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

3. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

4. Each of the conditions of the Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

5. Please note that the Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of another country you may also bring proceedings in accordance with the laws of that country.

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