TERMS AND CONDITIONS OF USE
These Website Terms and conditions govern your use of our website, ndafitness.co.uk, (the Website) and your relationship with NDA Fitness (we, us or NDA Fitness). Please read these terms carefully as they affect your rights and liabilities under the law.
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and NDA Fitness, 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.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by NDA Fitness and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to NDA Fitness and accessing the 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
- By providing any content for distribution by us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content.
- All Content included on the Website, unless uploaded by Users, is the property of NDA Fitness, 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 Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this 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:
- print one copy of the Content
- 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 NDA Fitness.
- We are not medical practitioners or registered dietitians. We strongly recommend that prior to commencing any diet or exercise regime that you consult a medical practitioner and/or registered dietitian first.
- We have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
- You acknowledge that when participating in any exercise or exercise program that there is the possibility of physical injury.
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the 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.
- You must ensure that the details provided by you upon sign up or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provide when signing up by updating your personal details to ensure we can communicate with you effectively.
- We may suspend or cancel your subscription with immediate effect for any reasonable purpose or if you breach these terms and conditions.
- 5ynergy monthly payment subscriptions are for a minimum term of 6 months. After the initial 6 months your subscription will continue on a rolling month by month term and the standard rate. Should you wish to cancel at the end of your initial 6 months subscription, NDA Fitness will require a 7 day notice period. Cancellations after the initial 6 months can be submitted at any point and access to any content will cease at the end of that payment period.
- 5ynergy annual payment subscriptions are for a minimum term of twelve months. After the initial 12 months your subscription will renew at the standard annual cost. Should you wish to cancel at the end of your initial 12 months subscription, NDA Fitness will require a 7 day notice period. Cancellations after the initial 12 months can be submitted at any point and access to any content will cease at the end of that payment period.
- Any promotional offers or free trials taken when signing up will be available for the specified term and will revert to any standard pricing after this period. First class free applies to one class redemption only at an a venue of your choice.
- It is extremely important that we receive a PARQ from every member confirming their physical and medical information before partaking in any exercise with NDA Fitness. We reserve the right to refuse to train or admit a member to classes if we do not receive a valid PARQ or if we feel any information to be inaccurate.
- Admittance to online sessions – It is important that you join the session at least five minutes prior to the start time. We will start to admit members five minutes before to ensure a prompt start time.
- If you arrive after the scheduled start time of the class, we reserve the right to deny entry. It is imperative that we protect the safety and well-being of our members.
- Personal training subscriptions are a minimum of three monthly payments. Should you wish to only train for the minimum three months, you will need to notify us of cancellation before your third billing date. Alternatively if you wish to cancel at any point after this, the 30 day cancellation notice period from your next billing date will apply. You will still be able to continue accessing your personal training sessions until the end of the 30 days notice period for the agreed number of sessions per week.
- If you have completed a 6 month subscription and are choosing to immediately continue training with NDA Fitness, a new subscription will be offered. We will agree the best option to meet your current requirements and this will be exempt of the 3 month minimum cancellation policy. Should you choose to cancel within your new 6 month subscription, the 30 day cancellation notice period from your next billing date will apply.
- This website and the information contained in it is provided for information purposes only. We make no representations or warranties in relation to this website or the information and materials provided on this website.
- Without prejudice to the generality of any other clause contained in this disclaimer, We make no warranties or representations that the information on this website:
- a) is complete, true, accurate or non-misleading; and
b) is right for You.
- Consultations and personal training require a 24 hour notice period for any cancellations or amendments.
- For consultations and personal training, if we receive 24 hours notice of cancellation, then a reschedule of your booking will be offered. If you cancel within 24 hours of a booking then no reschedule will be possible.
- Boxercise classes can be amended or cancelled no less than 2 hours before the scheduled start time. Class cancellations cannot be made within 2 hours of the class start time and this redemption or payment will be lost.
- Boxercise members cancelling a class will receive the class redemption back against their allowance for the relevant payment period.
- Pay as you train members that have paid for the session will be offered a redemption coupon to access an alternative class of your choice.
- Both monthly and annual 5ynergy subscriptions may be cancelled 7 days before the end any initial sign up terms. After this point they may be cancelled at any time and any access to any content will continue until the end of that billing period.
- NDA Fitness does not offer any refunds, on any of our services with the the exception of BOOST upgrades see below:
- In the case of an upgrade of a BOOST subscription, we will take into consideration your billing date and what access you have used. Where appropriate we will issue you with a pro-rata refund. Therfore if you have accessed more than your weekly subscription allowance prior to your upgrade, please be aware you will only receive a refund on your unused coupon allowance.
Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of NDA Fitness or that of our affiliates.
- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
- Any online facilities, tools, services or information that NDA Fitness makes available through the 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. NDA Fitness is under no obligation to update information on the Website.
- Whilst NDA Fitness uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- NDA Fitness accepts no liability for any disruption or non-availability of the Website.
- NDA Fitness reserves the right to alter, suspend or discontinue any part (or the whole of) the 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 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, NDA Fitness 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.
- NDA Fitness (nor any of its employees, agents or representatives), is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself of out as qualified to do so.
- We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
- Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise your own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
- Where we provide you with a Personal Plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise programme. Accordingly any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
- Any Personal Plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Personal Plan.
- Before taking any action in relation to a Personal Plan, you must take into account any other factors apart from the Personal Plan of which you are or ought to be aware.
- The information set out in any Personal Plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
- You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Personal Plan.
- Any information that we provide that does not form part of a Personal Plan, whether obtained through our website, e-book, video course, social media (such as Facebook, Instagram or Twitter) or otherwise, is provided for the purposes of general information only.
- While we believe that for most people, following our programmes and methods will lead to desired results, all exercise programmes depend on the individual. Results will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our programme, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:
- the effectiveness any techniques, diets or programmes that we deliver; or
- the results that you may achieve as a result of following our programs.
- All testimonials shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.
- The subscription amount is paid monthly, in advance for each month and via Stripe for three or six months depending on your chosen level of service.
- We reserve the right to make any subscription or package increases and will provide 30 days notice of any planned increase.
- 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 Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- 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.
NDA Fitness details
- NDA Fitness is a company registered at the address 34 Innes Road, Horsham, West Sussex, United Kingdom RH12 4JQ and it operates the Website ndafitness.co.uk.
You can contact NDA Fitness by email on email@example.com or via our contact form.