Terms and Conditions of use

Introduction

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These terms and conditions apply between you, the User of this App/Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Michelle Vettese, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

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In these terms and conditions, User or Users means any third party that accesses the App/Website and is not either (i) employed by Michelle Vettese and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Michelle Vettese and accessing the App/Website in connection with the provision of such services. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

 

• All Content included on the App/Website, unless uploaded by Users, is the property of Michelle Vettese, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this App/Website, including any such content uploaded by Users. By continuing to use the App/Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this App/site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

 

You may, for your own personal, non-commercial use only, do the following:

 

• retrieve, display and view the Content on a computer screen

• You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Michelle Vettese. 

Prohibited use

You may not use the App/Website for any of the following purposes:

 

• in any way which causes, or may cause, damage to the App/Website or interferes with any other person's use or enjoyment of the App/Website;

• in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

• making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

 

Registration

 

• You must ensure that the details provided by you on registration or at any time are correct and complete.

• You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

• We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

• You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the App/Website. Cancellation or suspension of your registration does not affect any statutory rights.

Password and security

 

• When you register on this App/Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.

• If we have reason to believe that there is or is likely to be any misuse of the App/Website or breach of security, we may require you to change your password or suspend your account.

Privacy Policy and Cookies Policy

 

• Use of the App/Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following:  and.

 

Availability of the App/Website and disclaimers

 

• Any online facilities, tools, services or information that Michelle Vettese makes available through the App/Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  Michelle Vettese is under no obligation to update information on the App/Website.

• Whilst Michelle Vettese uses reasonable endeavours to ensure that the App/Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

• Michelle Vettese accepts no liability for any disruption or non-availability of the App/Website.

• Michelle Vettese reserves the right to alter, suspend or discontinue any part (or the whole of) the App/Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the App/Website unless it is expressly stated otherwise.

Limitation of liability

 

• Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

• We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

• To the maximum extent permitted by law, Michelle Vettese accepts no liability for any of the following:

• any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

• loss or corruption of any data, database or software;

• any special, indirect or consequential loss or damage.

 

General

 

• You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

• These terms and conditions may be varied by us from time to time. Such revised terms will apply to the App/Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

• These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

• The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

• If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

• Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

• This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Michelle Vettese details

 

• Michelle Vettese of 30 Homefield Avenue, Bradwell, Great Yarmouth, Norfolk, NR31 8NS operates the Website www.gymvettese.co.uk. 

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• You can contact Michelle Vettese by email on michelle@gymvettese.co.uk.

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk

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GYM VETTESE & Michelle Vettese Disclaimer

IMPORTANT NOTICE

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All workouts are physically challenging and carries with it risks that we cannot entirely eliminate. These include the risk of personal injury, such as muscle and tendon strains and ligament sprains.

Rules for online training

• You must act responsibly and sensibly at all times.

• You must not participate if you are pregnant or under the influence of alcohol or non-prescription drugs.

• You must follow any safety warnings or instructions displayed or given to you by the trainer. Please email michelle@gymvettese.co.uk and ask if you are unclear.

• We are not qualified to express an opinion that you are fit to safely participate but if you have any pre-existing medical conditions then you must obtain professional or specialist advice from your doctor before participating.

• You must carry out warm up and cool down exercises that are on the App in the Demand Section.

• There is sufficient space to perform the exercises safely and move freely without obstacles or obstructions, free from furniture, equipment and other hazards.

• Any equipment is safe and in a suitable condition for the activity being performed.

• The surrounding floor space is entirely clear to remove any hazards that may increase the risk of slips, trips or falls.

• There are no distractions throughout the duration of the session.

• There is sufficient heating, lighting, ventilation and hydration.

 

In addition, the following disclaimer applied in respect of any pre-recorded sessions.

Reasonable expectations after the class

 

• Muscle soreness, spasms or inflammation for up to 3-4 days. We would advise that you stretch using the cool down videos and participate in some light exercise such as walking.

 

In the absence of any negligence or other breach of duty by us, participation in all is entirely at your risk.

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