Terms and conditions of use

1.Introduction
1.1These terms and conditions shall govern your use of our website.
1.2By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2.Copyright Notice
2.1Copyright (c) FamilyFitt 2019.
2.2Subject to the express provisions of these terms and conditions:
  1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
  2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.Licence to use website
3.1You may:
  1. view pages from our website in a web browser;
  2. download pages from our website and App for caching in a web browser;
  3. print pages from our website and App;
  4. stream audio and video files from our website and App; and
  5. use our website and App services by means of a web browser and downloading from App store,
subject to the other provisions of these terms and conditions.
3.2Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website and App or save any such material to your computer.
3.3You may only use our website and App for your own personal and business purposes, and you must not use our website and App for any other purposes.
3.4Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website or App.
3.5Unless you own or control the relevant rights in the material, you must not:
  1. republish material from our website and App (including republication on another website and App);
  2. sell, rent or sub-license material from our website and App;
  3. show any material from our website and App in public;
  4. redistribute material from our website or Apps, unless agreed to FamilyFitt Ltd.
3.6We reserve the right to restrict access to areas of our website and App or indeed our whole website and App, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4.RSS feed
4.1You may access our RSS feed using an RSS reader or aggregator.
4.2By accessing our RSS feed, you accept these terms and conditions.
4.3Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form on any non-commercial website and App owned and operated by you, providing that you must not aggregate our RSS feed with any other feed when displaying it in accordance with this Section 4.3.
4.4It is a condition of this licence that you include a credit for us and hyperlink to our website and App on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).
4.5We may revoke any licence set out in this Section 4 at any time, with or without notice or explanation.
5.Acceptable use
5.1You must not:
  1. use our website and App in any way or take any action that causes, or may cause, damage to the website and App or impairment of the performance, availability or accessibility of the website and App;
  2. use our website and App in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use our website and App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  5. access or otherwise interact with our website and App using any robot, spider or other automated means, except for the purpose of search engine indexing
  6. violate the directives set out in the robots.txt file for our website; or
  7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2You must not use data collected from our website and App to contact individuals, companies or other persons or entities.
5.3You must ensure that all the information you supply to us through our website and App, or in relation to our website and App, is true, accurate, current, complete and non-misleading.
6.Registration and accounts
6.1To be eligible for an account on our website and App under this Section 6.
6.2You may register for an account with our website and App by completing and submitting the account registration form on our website.
6.3You must not allow any other person to use your account to access the website and App.
6.4You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5You must not use any other person's account to access the website and App, unless you have that person's express permission to do so.
7.User login details
7.1If you register for an account with our website and App, we will provide you with OR you will be asked to choose a user ID and password.
7.2Your user ID must not be liable to mislead and must comply with the content rules set out in Section 12; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3You must keep your password confidential.
7.4You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5You are responsible for any activity on our Website and App arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8.Cancellation and suspension of account
8.1We may:
  1. suspend your account;
  2. cancel your account; and/or
  3. edit your account details,
at any time in our sole discretion without notice or explanation.
8.2If you wish to Cancel your account please contact admin@familyfitt.com.
9.Social networking
9.1Registered users will have access to such additional features on our Website and App as we may from time to time determine, which may include:
  1. facilities to complete a detailed personal profile on the Website and App, to publish that profile on the Website and App, and to restrict the publication of that profile to particular groups or individuals registered on the Website and App;
  2. facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members;
  3. the facility to send private messages via the Website and App to particular groups or individuals registered on the Website and App; and
  4. the facility to post and publish text and media on the Website and App.
9.2You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the Website and App, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 15.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
9.3You agree to the publication of posts relating to you, by others, on our Website and App; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 15.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.
10.Personal profiles
10.1All information that you supply as part of a personal profile on the Website and App must be true, accurate, current, complete and non-misleading.
10.2You must keep your personal profile on our Website and App up to date.
10.3Personal profile information must also comply with the provisions of Section 5 and Section 12.
11.Your content: licence
11.1In these terms and conditions, FamilyFitt content means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Website and App for storage or publication on, processing by, or transmission via, our Website and App.
11.2You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this Website and App and any successor Website and App OR reproduce, store and, with your specific consent, publish your content on and in relation to this Website and App.
11.3You grant to us the right to sub-license the rights licensed under Section 11.2.
11.4You grant to us the right to bring an action for infringement of the rights licensed under Section 11.2.
11.5You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
11.6You may edit your content to the extent permitted using the editing functionality made available on our Website and App.
11.7Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
12.Your content: rules
12.1You warrant and represent that your content will comply with these terms and conditions.
12.2Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
12.3Your content, and the use of your content by us in accordance with these terms and conditions, must not:
  1. be libellous or maliciously false;
  2. be obscene or indecent;
  3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  4. infringe any right of confidence, right of privacy or right under data protection legislation;
  5. constitute negligent advice or contain any negligent statement;
  6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  7. be in contempt of any court, or in breach of any court order;
  8. be blasphemous;
  9. be in breach of official secrets legislation;
  10. be in breach of any contractual obligation owed to any person;
  11. depict violence in an explicit, graphic or gratuitous manner;
  12. be pornographic, lewd, suggestive or sexually explicit;
  13. be untrue, false, inaccurate or misleading;
  14. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  15. constitute spam;
  16. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  17. cause annoyance, inconvenience or needless anxiety to any person.
12.4Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
12.5You must not use our Website and App to link to any Website and App or web page consisting of or containing material that would, were it posted on our Website and App, breach the provisions of these terms and conditions.
12.6You must not submit to our Website and App any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
13.Report abuse
13.1If you learn of any unlawful material or activity on our Website and App, or any material or activity that breaches these terms and conditions, please let us know.
13.2You can let us know about any such material or activity by email or using our abuse reporting form.
14.Limited warranties
14.1We do not warrant or represent:
  1. the completeness or accuracy of the information published on our Website and App;
  2. that the material on the Website and App is up to date; or
  3. that the Website and App or any service on the Website and App will remain available.
14.2We reserve the right to discontinue or alter any or all of our Website and App services, and to stop publishing our Website and App, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website and App services, or if we stop publishing the Website and App.
14.3To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and App and the use of our Website and App.
15.Limitations and exclusions of liability
15.1Nothing in these terms and conditions will:
  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law.
15.2The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:
  1. are subject to Section 15.1; and
  2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
15.3To the extent that our Website and App and the information and services on our Website and App are provided free of charge, we will not be liable for any loss or damage of any nature.
15.4We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
15.5We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
15.6We will not be liable to you in respect of any loss or corruption of any data, database or software.
15.7We will not be liable to you in respect of any special, indirect or consequential loss or damage.
15.8You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website and App or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
16.Indemnity
16.1You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Website and App or any breach by you of any provision of these terms and conditions.
17.Breaches of these terms and conditions
17.1Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
  1. send you one or more formal warnings;
  2. temporarily suspend your access to our Website and App;
  3. permanently prohibit you from accessing our Website and App;
  4. block computers using your IP address from accessing our Website and App;
  5. contact any or all of your internet service providers and request that they block your access to our Website and App;
  6. commence legal action against you, whether for breach of contract or otherwise; and/or
  7. suspend or delete your account on our Website and App.
17.2Where we suspend or prohibit or block your access to our Website and App or a part of our Website and App, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
18.Third party Website and Apps
18.1Our Website and App includes hyperlinks to other Website and Apps owned and operated by third parties; such hyperlinks are not recommendations.
18.2We have no control over third party Website and Apps and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
19.Trade marks
19.1FamilyFitt, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
19.2The third party registered and unregistered trade marks or service marks on our Website and App are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
20.Competitions
20.1From time to time we may run competitions, free prize draws and/or other promotions on our Website and App.
20.2Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).
21.Variation
21.1We may revise these terms and conditions from time to time.
21.2The revised terms and conditions shall apply to the use of our Website and App from the date of publication of the revised terms and conditions on the Website and App, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. Or we will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our Website and App from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our Website and App.
21.3If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the Website and App, and you must stop using the Website and App.
22.Assignment
22.1You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
22.2You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
23.Severability
23.1If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
23.2If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
24.Third party rights
24.1A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
24.2The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
25.Entire agreement
25.1Subject to Section 15.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Website and App and shall supersede all previous agreements between you and us in relation to your use of our Website and App.
26.Law and jurisdiction
26.1These terms and conditions shall be governed by and construed in accordance with English law.
26.2Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
27.Statutory and regulatory disclosures
27.1We are registered in St. Johns Chambers, Love Street, Chester, United Kingdom, CH1 1QN; you can find the online version of the register at https://beta.companieshouse.gov.uk/company/11701156, and our registration number is 11701156.
27.2We are registered as FamilyFitt Ltd within the United Kingdom and are subject to UK rules.
28.Our details
28.1This Website and App is owned and operated by FamilyFitt Ltd.
28.2We are registered in England and Wales and our registered office is at St. Johns Chambers, Love Street, Chester, United Kingdom, CH1 1QN
28.3Our principal place of business is at Duddon Lodge, Nr Tarporley, Cheshire, CW6 0EP.
28.4You can contact us:
  1. using our Website and App contact form;
  2. by email, using: admin@familyfitt.com