Terms Of Use:

For: www.pbstrengthandfitnessmentoring.com

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Effective Date: 22-Mar-2024 
Last Updated: 22-Mar-2024

 

These Terms govern the use of this website, and, any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.

 

The User must read this document carefully.

 

This website is provided by:

 

PB Strength & Fitness Mentoring

Unit 3, Wellington Place
Airfield Industrial Estate
Ashbourne
Derbyshire
DE6 1HA
United Kingdom

 

Owner contact email: paul@pbstrengthandfitnessmentoring.com

 

What The User Should Know At A Glance

 

• The Service/this website is only intended for Consumers.

 

Terms Of Use

 

Unless otherwise specified, the terms of use detailed in this section apply generally when using this website.

 

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

 

By using this website, Users confirm to meet the following requirements:

 

• Users must qualify as Consumers;

 

Account Registration

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To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Failure to do so will cause unavailability of the Service.

 

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this website.

 

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

 

Account Termination

 

Users can terminate their account and stop using the Service at any time by doing the following:

 

• By directly contacting the Owner at the contact details provided in this document.

 

Account Suspension and Deletion

 

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

 

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

 

Content On This Website

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Unless where otherwise specified or clearly recognisable, all content available on this website is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

 

Rights Regarding Content On This Website - All Rights Reserved

 

The Owner holds and reserves all intellectual property rights for any such content.

 

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

 

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this website, nor allow any third party to do so through the User or their device, even without the User's knowledge.

 

Where explicitly stated on this website, the User may download, copy and/or share some content available through this website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

 

Content Provided By Users

 

The Owner allows Users to upload, share or provide their own content to this website.

 

By providing content to this website, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

 

Rights Regarding Content Provided By Users

 

Users acknowledge and accept that by providing their own content on this website they grant the Owner a non-exclusive, fully paid-up and royalty-free licence to process such content solely for the operation and maintenance of this website as contractually required.

 

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this website.

 

Users acknowledge, accept and confirm that all content they provide through this website is provided subject to the same general conditions set forth for content on this website.

 

Liability For Provided Content

 

Users are solely liable for any content they upload, post, share, or provide through this website. Users acknowledge and accept that the Owner does not filter or moderate such content.

 

However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to this website:

 

• upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;

• if a notice of infringement of intellectual property rights is received;

• if a notice of violation of a third party’s privacy, including their intimate privacy, is received;

• upon order of a public authority; or

• where the Owner is made aware that the content, while being accessible via this website, may represent a risk for Users, third parties and/or the availability of the Service.

 

The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

 

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this website.

 

Access To External Resources

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Through this website Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

 

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

 

Acceptable Use

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This website and the Services may only be used within the scope of what they are provided for, under these Terms and applicable law.

 

Users are solely responsible for making sure that their use of this website and/or the Services violates no applicable law, regulations or third-party rights.

 

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this website or the Services, terminating contracts, reporting any misconduct performed through this website or the Services to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

 

• violate laws, regulations and/or these Terms;

• infringe any third-party rights;

• considerably impair the Owner’s legitimate interests;

• offend the Owner or any third party.

 

“Tell-A-Friend”

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This website gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on this website.

To explore all applicable details and conditions, Users may consult the dedicated terms and conditions inside the respective section of this website.

The Owner reserves the right to end the offer at any time at its own discretion.

 

Terms And Conditions Of Sale

 

Provision of personal data

 

To access or receive some of the Products provided via this website as part of the Services, Users may be required to provide their personal data as indicated on this Application.

 

Paid Products

 

Some of the Products provided on this website, as part of the Services, are provided on the basis of payment.

 

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this website.

 

Product Description

 

Prices, descriptions or availability of Products are outlined in the respective sections of this website and are subject to change without notice.

 

While Products on this website are presented with the greatest accuracy technically possible, representation on this website through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

 

The characteristics of the chosen Product will be outlined during the purchasing process.

 

Purchasing Process

 

Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:

 

• Users must indicate the desired Product by selecting it, including, where possible, quantity and specific characteristics, to make it appear in the purchase selection.

• Within the purchase selection, Users may review their purchase selection, modify, remove or add items and, where provided for, give specific instructions (for instance, “send it with a gift receipt”).

• Users will use the checkout button to be redirected to the checkout view.

• Within the checkout view, Users are required, through consecutive steps, to specify their contact details, billing and shipping address, and a shipping and payment method of their choice.

• During the purchasing process, Users may, at any time, modify, correct or change the information provided, and add a gift card, referral code or discount code (Coupon) or altogether abort the purchasing process with no consequence.

• After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on this website, hereby accepting these Terms and committing to pay the agreed-upon price.

 

Order Submission

 

When the User submits an order, the following applies:

 

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

• In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

• Upon submission of the order, Users will receive a receipt confirming that the order has been received.

 

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

 

Prices

 

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

 

Prices on this website are displayed:

 

• either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

 

Methods Of Payment

 

Information related to accepted payment methods is made available during the purchasing process.

 

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this website.

 

All payments are independently processed through third-party services. Therefore, this website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of this website to learn more about the data processing and Users’ rights regarding their data.

 

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

 

Retention Of Product Ownership

 

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

 

Retention Of Usage Rights

 

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

 

Delivery

 

Deliveries are made to the address indicated by the User and in the manner specified in the order summary.

 

Upon delivery, Users should verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.

 

Goods are delivered to the countries or territories specified in the relevant section of this website.

 

Delivery times are specified on this website or during the purchasing process.

 

Failed Delivery

 

The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to any carrier arranged by the User and not offered or recommended by the Owner.

 

If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.

 

Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

 

Delivery Of Digital Content

 

Unless otherwise stated, digital content purchased on this website is delivered via download on the device(s) chosen by Users.

 

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.

 

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

 

Performance Of Services

 

The purchased service shall be performed or made available within the timeframe specified on this website or as communicated before the order submission.

 

Contract Duration

 

Subscriptions

 

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

 

Open-Ended Subscriptions

 

Paid subscriptions begin on the day the payment is received by the Owner.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

 

Fixed-Term Subscriptions

 

Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.

Once the subscription period expires, the Product shall no longer be accessible.

 

Termination Of Open-Ended Subscriptions

 

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this website.

Terminations shall take effect 1 days after the notice of termination has been received by the Owner.

 

User Rights

 

Right Of Withdrawal

 

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

 

The Right Of Withdrawal Does Not Apply On This Website

 

Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over this website due to the nature of its offering.

 

UK User Rights

 

Right To Cancel

 

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.

 

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

 

Exercising The Right To Cancel

 

To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires. When does the cancellation period expire?

 

• Regarding the purchase of goods, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.

• Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the cancellation period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

• Regarding the purchase of a service, the cancellation period expires 14 days after the day that the contract is entered into, unless the User has waived the right to cancel.

• In case of purchase of a digital content not supplied in a tangible medium, the cancellation period expires 14 days after the day that the contract is entered into, unless the User has waived the right to cancel.

 

Effects Of Cancellation

 

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

 

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

 

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

 

…ON THE PURCHASE OF PHYSICAL GOODS

 

Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorised by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.

 

The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.

Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.

 

The costs of returning the goods are borne by the User.

 

…ON THE PURCHASE OF SERVICES

 

Where a User exercises the right to cancel after having requested that the service be performed before the cancellation period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.

 

Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.

 

Guarantees

 

Legal Guarantee Of Conformity For Goods Under EU Law

 

Under EU law, for a minimum period of 2 years from delivery, traders guarantee the conformity of the goods they sell to Consumers.

Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on this website in accordance with the laws of the country of their habitual residence.

National laws of such country may grant Users broader rights.

Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.

 

Legal Guarantee Of Conformity For Digital Products Under EU Law

 

Under EU law, for a minimum period of 2 years from delivery or, in case of Digital Products supplied continuously for more than 2 years for the entire supply period, traders guarantee conformity of the Digital Products they provide to Consumers.

 

Where Users qualify as European Consumers, the legal guarantee of conformity applies to the Digital Products available on this website in accordance with the laws of the country of their habitual residence.

National laws of such country may grant Users broader rights.

 

Conformity To Contract For Consumers In The United Kingdom

 

Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

 

Liability And Indemnification

 

Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

 

Indemnification

 

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

 

The above also applies to any claims exercised by third parties (including but not limited to the Owner’s clients or customers) against the Owner related to Digital Products provided by the User such as, for instance, conformity claims.

 

Limitation Of Liability

 

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

 

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this website has been appropriately and correctly used by the User.

 

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

 

Common Provisions

 

No Waiver

 

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

 

Service Interruption

 

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

 

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

 

Service Reselling

 

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

 

Privacy Policy

 

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this website.

 

Intellectual Property Rights

 

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

 

Changes To These Terms

 

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

 

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

 

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

 

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

 

Assignment Of Contract

 

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

 

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

 

Contacts

 

All communications relating to the use of this website must be sent using the contact information stated in this document.

 

Severability

 

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

 

EU Users

 

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

 

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

 

Governing Law

 

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

 

Prevalence Of National Law

 

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

 

Venue Of Jurisdiction

 

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

 

Exception For Consumers In Europe

 

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

 

Dispute Resolution

 

Amicable Dispute Resolution

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Users may bring any disputes to the Owner who will try to resolve them amicably.

 

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this website or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

 

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

 

The Owner will process the complaint without undue delay and within 2 days of receiving it.

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Definitions And Legal References:

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This website (or this website)

The property that enables the provision of the Service.

 

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

 

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

 

Digital Product

Is a Product that consists of:

 

• content produced and supplied in digital form; and/or

• a service that allows for the creation, processing, storing or accessing data in a digital form or the sharing or any other form of interaction with digital data uploaded or created by the User or any other user of this website.

 

European (or Europe)

Applies where a User, regardless of nationality, is in the EU.

 

Owner (or We)

Indicates the natural person(s) or legal entity that provides this website and/or the Service to Users.

 

Product

A good or service available through this website, such as e.g. physical goods, digital files, software, booking services etc., and any other types of products separately defined herein, such as Digital Products.

 

Service

The service provided by this website as described in these Terms and on this website.

 

Terms

All provisions applicable to the use of this website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

 

United Kingdom (or UK)

Applies where a User, regardless of nationality, is in the United Kingdom.

 

User

Any user of the Service, whether a human being or legal entity.

 

User (or You)

Indicates any natural person or legal entity using this website.

 

Consumer

Consumer is any User qualifying as such under applicable law.