1. Website Owner; the Offering; Binding of Terms
This website is owned and operated by JP Fitness Cornwall. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors member services, general guidance, and a mobile app. By accessing or using the website/community app of our service, you approve that you have read, understood, and agree to be bound by these Terms.
2. Who can use the website/community app and what the requirements are to create an account
In order to use our website/community app, and/or receive our services, you need to be at least 18 years of age, or have parental/guardians consent, whom must possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any applicable law or regulation applicable to you.
3. Key Commercial Terms Offered to Customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing is available on the payments page.”
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged at the time of purchase / on a monthly basis, via your payment method. This will depend on the service you have purchased.
4. Return and Refund Policy
i) Refunds will not be given on any personalised items of kit, or on items made to order. This includes, but is not limited to; hoodies, backpacks, & high-viz jackets. (ii) Any faulty items will be replaced on receipt of the original item in the undamaged, original packaging. Additional shipping costs will be met by JP Fitness Cornwall, where applicable. (iii) Where the wrong size has been ordered; the item will be replaced with the correct size (subject to availability), on receipt of the original item in the undamaged, original packaging. The consumer is liable for additional shipping costs, where applicable.
(iv) If the consumer decides they no longer require the item; a full refund will be given on receipt of the original item in the undamaged, original packaging. The consumer is liable for additional shipping costs, where applicable.
5. Retention of Right to Change Offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
6. Warranties & Responsibility for Services and Products
When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product*. If we are unable to repair or replace the product within a reasonable time, customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and the customer will be responsible for return shipment of the product to us. *Some products supplied to us via third parties (e.g. Dusk Runner Vests, and face shields have a 6-month warranty period).
7. Ownership of Intellectual Property, Copyrights and Logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of JP Fitness Cornwall. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
8. Right to Suspend or Cancel User Account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.
You agree to indemnify and hold JP Fitness Cornwall harmless from any demands, loss, liability, claims or expenses (including legal fees), made against them by any third party due to or arising out of or in connection with your use of the website or any of the services offered on the website.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall JP Fitness Cornwall be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, JP Fitness Cornwall assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
11. Right to change and modify Terms
We reserve the right to modify these terms from time-to-time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
12. Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time, or do not initially subscribe to receive these notices.
13. Preference of Law and Dispute Resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The United Kingdom without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
14. App and User Community
JP Fitness Cornwall offers its users the ability to join communities for mobile use of services, and interaction with other members.
All users that join a community have a public profile that is publicly visible (to other visitors to the website), and public activity (such as user written posts and comments) will be visible to other visitors of the website/users of the app.
When using the community functions, please use appropriate, user-friendly language. Users may be removed/banned from using the app if this clause is breached.
Users of the website/app can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).
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