Fitness Video Podcasts

Terms & Conditions

This Site is owned and operated by DoubleVision Personal Training ("DVPT"). These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Read these terms and conditions carefully as your use of the Site and the purchase of any Services or Products on this Site are subject to them.

LIABILITY STATEMENT

NOT MEDICAL ADVICE: The information available on or through this Site, and the Services supplied via or in connection with this Site and any feedback on any health questionnaires, do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor.

ACCURACY OF INFORMATION: You must supply us with correct information about yourself. Some of the Services on this Site may be based on the information you supply to us and we cannot be liable for any incorrect information supplied by you to us. To continue to provide you with a high quality of service it is important you regularly update the health information you give to us. If you do not do this, the programmes we recommend to you may become unsuitable for you.

LIABILITY: We try to ensure all information we post on this Site (and provided by us to you as part of any Services or Products) is correct, and we will use reasonable care and skill in providing Services to you. As long as we have done this, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect) including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising as a result of relying on any information on this web site (including any articles posted by a third party) or provided through any Service supplied by us to you. We have and will continue to maintain protection measures to endeavour to provide a defence against computer viruses and other rogue applications but we do not accept any liability for any damage or loss arising from the consequences of any computer viruses or other rogue applications received by you via the Fitnessvideopodcast Service.

THE LAW: We are not permitted to exclude or limit liability for death or personal injury caused by our negligence, for fraud, or for the condition that any Product you buy will be of satisfactory quality and fit for purpose, or that we will use reasonable care and skill in providing the Services, or for any other liability which may not by applicable law be excluded or limited and we do not do so and your statutory rights as a consumer are not affected. Subject to this, our liability to you in each year is limited to the amount of charges payable by you to us in that year.

Definitions

In these terms and conditions, the following definitions apply:

1.1 "Services" means any information and services ordered and/or provided by DVPT through or via the Site and all services offered as part of the membership subscription. Any electronic information supplied to you by DVPT (including the Fitnessvideopodcasts) will constitute part of a Service not a Product and cancellation rights and warranties will apply accordingly.

1.2 "Products" means any products offered for sale on the Site.

1.3 "Site" means the web site at the URLs www.fitnessvideopodcasts.com or replacement site(s) from time to time.

Use of this Site Generally

2.1 You may use the Site for personal and lawful use and in accordance with these terms. You may make copies of the fitnessvideopodcasts downloads you have purchased to your iPod or other portable media player for your personal use but the copying or using of any material from the Site for any commercial purpose including for selling any goods or services is not permitted and you hereby expressly warrant and undertake that you will not edit, rent, hire, lend, exchange, broadcast, transmit, sell or resell or otherwise deal in any manner or authorise any third party to deal in any manner whatsoever with the fitnessvideopodcasts or any part or parts thereof.

2.2 The intellectual property rights in all contents of the Site and supplied as part of the Services or Products, and in DVPT's brands trade marks and logos ("Materials") are owned by DVPT or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not permitted to make any copies of any part of any Materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. "DoubleVision" "DoubleVision Personal Training" and "FitnessVideoPodcasts" are registered trade marks or applications for registered trade marks owned by DVPT. You must not use any of DVPT brands logos or marks without written licence.

2.3 You must not use the Site to post, upload or otherwise transmit material which is obscene, pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of DVPT or any third party and any person acting in contravention of this clause will be banned immediately and may have their details passed to the relevant authorities.

2.4 DVPT accepts no obligation to monitor the use of the Site. However, DVPT reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. DVPT will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

2.5 From time to time DVPT may change the format and content of the Site. To ensure you download the current version of the Site refresh your browser each time you visit the Site.

Your Personal Information

3.1 Usage of your personal information is governed by DVPT's Privacy Policy, which forms part of these Terms and Conditions. In the event DVPT undergoes a reorganisation or is sold to a third party, you agree any personal information DVPT holds on you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

Liability

4.1 See the liability statement at the top of these terms and conditions. Subject to this statement you agree that your use of this Site and all Services & Products provided via this Site is on an "as is" and "as available" basis. On that basis, except as expressly set out in these terms, DVPT does not enter into conditions, warranties or other terms in relation to the Site or Services or Products supplied via this Site (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.

4.2 The Site includes links to external sites and co-branded pages. DVPT has included links to these sites and co-branded pages to enable you to access information and services which you may find useful or interesting. DVPT is not responsible for the content of these sites and pages or for anything provided by them.

4.3 You acknowledge that licensed telephone operators provide the telephone networks which are utilized by DVPT and therefore DVPT cannot guarantee that the Fitnessvideopodcast Service will be uninterrupted or error free. Also, DVPT cannot guarantee that the transmission of information over the internet will be secure or that you will be able to access the internet at all times.

4.4 Subject to the liability statement at the top of these terms and conditions DVPT is not liable for failure to comply with these terms and conditions due to any event beyond its control, including, without limitation, the input of incorrect information by you.

Password

5.1 You may be issued with an individual password which may be used to access the Site, Services and those pages where access is restricted to members only. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

5.2 In the event of any failure or error in the operation of a password, you will immediately cease using the password and exit the Site and notify DVPT of such failure or error. You will cease to use and will immediately delete the password from any of your records upon expiry or termination of your membership for whatever reason.

5.3 DVPT reserves the right to change your password and user name at any time in its sole discretion and you agree to notify DVPT promptly of any changes to your registration details.

Suspension and termination of Service

6.1 DVPT will strive to provide the best facilities it can to ensure maximum speed and availability from our servers & software but DVPT does not offer any Service Level Agreement or guarantee in relation to Service up-time or availability of any Service.

6.2 DVPT reserves the right to suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site and access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.

6.3 DVPT may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late in paying or do not pay any sums due (including if the credit/debit card you use is not valid or does not work for another reason).

Contract Information

7.1 You may submit orders on this Site, for Services or for Products but no contract will exist in relation to the Services or Products until we (or one of our fulfilment partners) have confirmed to you by email the particulars of your order. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer.

Pricing, availability and dispatch Information of Services & Products

8.1 Information displayed on the Site as to pricing and availability is subject to change without notice. Payment for the Services or Products must be made via the Site in accordance with the procedure explained on the Site.

8.2 While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Services or Products are approximate. We will inform you by e-mail if any Services or Products you order turn out to be unavailable.

8.3 In spite of our best efforts, a Service or Product may be mispriced on the Site. Where the actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

8.4 Products will be dispatched by DVPT (or one of our fulfilment partners) to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid. DVPT is not liable for loss or damage to Products in transit. If recorded delivery is chosen, you will receive your dispatch notification email with a Royal Mail track and trace number. Once dispatched, Royal Mail will not deem an undelivered parcel to be missing until 15 days has passed. DVPT cannot send replacement Products until you have notified DVPT and this 15 day period has expired. Should you receive your original Product at any stage after the replacement Product is delivered to you, you shall return this Product immediately to DVPT (or one of our fulfilment partners as appropriate).

Warranties

9.1 DVPT warrants that the Services will be supplied with reasonable skill and care. Also, subject to clause 9.2, DVPT warrants the Products will operate materially in accordance with their specifications for a period of 90 days from delivery. A refund for the defective Product or replacement of it (at DVPT discretion) will be your sole remedy for breach of the warranty in this clause 9.2.

9.2 DVPT may offer specific guarantees with specific Products, and these will be set out in manuals with the Products.

Subscription Service

10.1 Membership of the FitnessVideoPodcasts Service is offered on a subscription basis. If you elect to subscribe your subscription to the Service shall be for a period of one (1) year from the date of registration. DVPT reserves the right in any event to terminate your subscription to the Service at any time without giving prior notice to you save that in the event of such termination prior to the expiry of the relevant period for which you have paid a subscription fee, DVPT shall reimburse you with that part of the subscription fee which relates to the unexpired period. Payment for the Subscription Service will be made via the Site in accordance with the procedure and pricing explained on the site.

10.2 Subject to your cooling off right stated in clause 12 and your statutory consumer rights (which remain unaffected by any of these terms) subscription fees are non-refundable.

FitnessVideoPodcast Downloads - Technical Requirements & Refund Policy

11.1 Details of the technical specifications required in order to successfully download a Fitnessvideopodcast are set out on the Download page of this Site.

11.2. By submitting an order for a Fitnessvideopodcast you confirm you have read and understood the technical specifications required and that the equipment you will be using meets these requirements.

11.3. DVPT reserves the right in its absolute discretion to refuse to refund the purchase price paid by you for a Fitnessvideopodcast in the event you place an order and are then unable to successfully download the Fitnessvideopodcast because your computer equipment fails to meet the technical specifications advised to you via the Site. If you have any doubts as to whether your equipment meets the necessary technical specifications please email info@fitnessvideopodcasts for guidance PRIOR to placing your order.

Cooling Off Rights

12.1 Services: You may cancel Services (including any subscription) within 7 days after the day of ordering by contacting us by email at info@fitnessvideopodcasts.com save that this right will cease as soon as you use your password to log on to the members only part of the Site for the first time or you have successfully completed a downloaded of a Fitnessvideopodcast.

12.2 Products: After you receive any Products you have a 7 day "cooling off" period during which you have a right to cancel the order and return the Products, without charge. You may exercise that right by emailing us at info@fitnessvideopodcasts.com notifying us of your cancellation. Following such notice you must return the Products covered by the cancelled order undamaged to such address as we will tell you at the time. Products must be labelled with the Returns label included in your delivery documentation and returned by registered post (or any other method requiring the recipient to sign on delivery) unused and in their original undamaged packaging. You are responsible for the costs of returning the Products and we reserve the right to make a charge not exceeding our direct costs of recovering the Products (which we are entitled to do) in the event you do not return the Products or you return them at our expense. Following you exercising your right of cancellation we will refund any payments made by you excepting and subject to any costs of returning the Products.

12.3 Third Party Products: You may order products, merchandise or services through the Site from parties other than DVPT ("Third Party Products"). DVPT will make clear at the point of purchase if and from which third party you are purchasing a Third Party Product. All matters concerning Third Party Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are to be resolved solely between you and the party supplying the Third Party Products. DVPT provide no warranties or representations whatsoever with regard to any Third Party Product. DVPT will not be considered or be construed as a party to such transactions, regardless as to whether DVPT may have received some form of revenue or other remuneration in connection with such transactions. DVPT will not be liable for any costs or damages arising out of, either directly or indirectly, you or any third party involved or related to the transactions. The relevant returns policy of the third party providing the Third Party Product will be set out in an email confirmation of your purchase together with details of your statutory rights.

Statutory Rights and Refunds

13.1 The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.

If you are under 18

14.1 DVPT does not sell Products or supply Services to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-member parts of the Site under adult supervision but you may not become a member or purchase Products or Services from the Site.

Third party contributions

15.1 Articles on this site may be submitted by third parties and DVPT is not able to confirm the accuracy or completeness of such content.

General

16.1 DVPT may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. DVPT may delay enforcing its rights under these terms and conditions without losing them. You agree that DVPT may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

16.2 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

16.3 If you have any enquiries or complaints (about any Products or Services supplied via this Site or about someone else's use of this Site) please contact info@fitnessvideopodcasts.com.