Terms and Conditions

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TERMS AND CONDITIONS

Please read these terms and conditions (the “Terms”) before using the Gail Nicholls Fitness Website (the “Website”). The Website is operated by Gail Nicholls Fitness or its subsidiaries. By using the Website, you signify your acceptance of the Terms in consideration of which Gail Nicholls Fitness provides you with access. Gail Nicholls Fitness may occasionally modify the Terms. Accordingly, please continue to review the Terms whenever accessing or using the Website. If at any time you do not wish to accept the Terms, you may not use the Website. Gail Nicholls Fitness may occasionally run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.

This website, including but not limited to its design, graphics, text and dynamic content, is protected in accordance with The Copyright, Designs and Patents Act 1988. It may not be reproduced in part or whole without the express written permission of Gail Nicholls Fitness.

INTELLECTUAL PROPERTY
Gail Nicholls Fitness owns all the Intellectual Property Rights relating to the Website, including but not limited to it’s design, imagery, graphics, programming & structure. You may not copy anything on the site without the express written permission of Gail Nicholls Fitness.

You are granted the right only to view the site and print material from it.

FURTHER INFORMATION
For more information, please contact:
Gail Nicholls Fitness at gailnicholls@btinternet.com

NO RELIANCE
While Gail Nicholls Fitness has endeavoured to ensure the accuracy of the information accessed via the Website, Gail Nicholls Fitness does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website.

LINKS TO THE WEBSITE
Websites or pages to which the Website is linked are for information only and have not been reviewed by Gail Nicholls Fitness. Gail Nicholls Fitness has no responsibility for the content of the Websites or pages linked or linking to this Website, and Gail Nicholls Fitness accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked Websites.

INTELLECTUAL PROPERTY
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material (“Content”) is protected by copyrights, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by Gail Nicholls Fitness and content owned or controlled by third parties and licensed to Gail nicholls Fitness. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.

You may not use any of Gail Nicholls Fitness trademarks or trade names without Gail Nicholls Fitness prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.

You agree to notify Gail Nicholls Fitness in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.

LICENCE AND DOWNLOAD RIGHTS
You acquire no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.

Download is permitted by Gail Nicholls Fitness provided only that:

you make no more than one printed copy of such download and no further copies of such printed copy are made;
2. you make only personal, non-commercial use of such download and/or printed copy; and
3. you retain on such download and/or printed copy all copyright notices and shall remain bound by the terms of such wording and notices.

Additionally, you may not offer for sale or sell or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another Website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database Websites containing all or part of the Website.

PERMISSIONS
If you would like information about obtaining Gail Nicholls Fitness permission to use any of the Content or if you would like to link your Website to the Website, write to: Gail Nicholls Fitness; gailnicholls@btinternet.com

NO WARRANTY
The Website and the Content are provided “as is” excluding any warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights.

Gail Nicholls Fitness further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

Gail Nicholls Fitness does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors or viruses, worms or “Trojan horses” and Gail Nicholls Fitness is not liable for any damage you may suffer as a result of such destructive features.

Gail Nicholls Fitness shall not be held responsible for Content provided by third parties. Gail Nicholls Fitness is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website.

These Terms do not affect your statutory rights or your legal rights as a consumer.

LIMITATION OF LIABILITY
You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content your sole remedy is to discontinue use of the Website.

Save in respect of fraud and of personal injury or death to the extent it results from Gail Nicholls Fitness negligence, in no event will Gail Nicholls Fitness be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if Gail Nicholls Fitness has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.

LOCAL LAWS AND REGULATIONS
The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited. Those in respect of whom such prohibitions apply must not access the Website.

Gail Nicholls Fitness does not represent that either the Website or the Content are appropriate for use or permitted by local laws in all jurisdictions. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.

INDEMNITY
You agree to indemnify, defend, and hold harmless each of Gail Nicholls Fitness, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Gail Nicholls Fitness, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Gail Nicholls Fitness, its employees, representatives, suppliers, or agents is based on or arises in connection with:
1. your use of the Website;
2. any breach by you of the Terms
3. a claim that any use of the Website by you
4. infringes any intellectual property rights of any third party, or any right of personality or publicity, or
5. is libellous or defamatory, or otherwise results in injury or damage to any third party;
6. any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
7. any misrepresentation or breach of representation or warranty made by you contained herein.

References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer. You agree to pay Gail Nicholls Fitness, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

TERMINATION
Either you or Gail Nicholls Fitness may terminate these terms with or without cause at any time. If Gail Nicholls Fitness terminates these terms, Gail Nicholls Fitness will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time. You will be responsible for notifying us of any changes to your email address.

You may terminate by writing to:

Gail Nicholls Fitness at g ailnicholls@btinternet.com

marking it “Gail Nicholls Fitness Website”. (UK only). On termination you shall destroy all Content, and copies thereof, obtained from the Website.