Terms & Conditions

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, BROWSING, REGISTERING OR OTHERWISE USING THIS WEBSITE.

By using the VirtualGym TV Ltd ("Company") website, you agree to these Terms and Conditions of Use ("Terms & Conditions"). We reserve the right to modify, add, or remove elements of these Terms & Conditions at any time. If we change the Terms and Conditions, we will email you a copy of the revised Terms & Conditions to your registered email address. You are responsible for regularly reviewing these Terms & Conditions prior to each time you access or use the website, and ensuring that you notify us of any changes to your contact email address. By using the VirtualGym TV website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this website or the content contained therein.

1. Scope

Unless otherwise indicated, these Terms & Conditions apply to your use of the VirtualGym TV website including without limitation, all content (defined as all information and data that is part of this website, including without limitation, classes, videos, written text, posted graphics and images), code, software, tables, scripts and data.

2. Binding Agreement

BY ACCESSING OR USING THIS SITE, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES SET FORTH IN THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THIS SITE UNDER ANY CIRCUMSTANCES.

3. Restrictions of Use

You acknowledge that this website contains content, code, software, tables, scripts, data and other information ("Content") that are protected by trademarks, patents, copyrights, trade secrets and/or other proprietary rights. Our commercial partners, instructors, contractors, and other third parties may also have additional proprietary rights to content which they make available on this website. You may not publish, modify, sell, distribute, broadcast, or participate in the transfer or sale of any of the Content, in whole or in part under any circumstances.

4. Becoming a Regular Subscriber

You do not have to be a regular subscriber to use this website. You can join our site as a Pay As You Go (PAYG) Member. However, if you are not a regular subscriber, you may be precluded from using certain areas and products of our website. If you choose to become a regular subscriber, you agree to provide us with accurate and complete information about yourself and you further agree to maintain and update this information. If you provide any information that is inaccurate or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your access to and any future use of our website.

As a regular subscriber, you will be given an opportunity to establish a password that you will be used to access and use the protected and secured areas of the website. You are solely responsible for protecting the security and confidentiality of the password. You shall immediately notify the Company of any unauthorised use of the password, or any other breach or threatened breach of this website’s security.

If you do not abide by these Terms & Conditions at any time or are found to be abusing or misusing the website in any way, you agree that the Company may immediately restrict or terminate your access to this website. Irrespective of the foregoing, the Company reserves the right in our sole discretion and without prior notice of liability to restrict or terminate your account, your password, and/or access to this website at any time. You agree that we shall not be liable to you for any termination or cancellation of your access to, or use of, our website due to such misuse.

5. Use by Minors

VirtualGym TV is not designed for use by children under the age of 18 at this time. By using or becoming a member/subscriber of VirtualGym TV of any membership type, you agree and warrant that you are 18 years old or older.

6. Contractual Agreements

From time to time, the Company will offer promotional or other extended term offers. By choosing to participate in one of these programs, you acknowledge and agree that you are entering into a contract to pay for the services for the term of the agreement regardless of use.

7. Privacy and Security

We are absolutely committed to protecting and maintaining your privacy and security. Please review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

8. Links to other Internet Websites

This website may contain links to internet websites owned, operated or maintained by third parties not under the control of VirtualGym TV. These links are provided for your convenience and reference only. Such links are not to be deemed as an endorsement of the organisation or individual associated with the linked site. You assume sole responsibility and liability for your use of such linked sites. Any views expressed on these third party sites are those of the individual who authored them and are not representative of VirtualGym TV in any way.

9. Health Disclaimer

You are specifically warned and advised to seek the advice of a doctor, general practitioner (GP), physician or other suitably qualified health professional before beginning any exercise or weight loss programme. Use of the VirtualGym TV website should be considered by you as being a exercise or weight loss programme. VirtualGym TV is not, and should not be considered as being a substitute for consultation with a doctor, GP, physician or other suitably qualified health professional or any such treatment from the same. No part of this website, or any linked website, should be construed as giving medical advice or diagnosis of any health condition. By using this site and agreeing to the Terms and Conditions, you are agreeing that you have sought the professional advice of a suitably qualified health professional and that they have agreed that you are suitable to partake in a weight loss or other exercise programme.

10. Warranty Disclaimer

(a) ALL CONTENT, OFFERINGS, EDUCATIONAL CLASSES AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS SITE MAY INCLUDE MISTAKES, OVERSIGHTS, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

(b) THE COMPANY DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT HOST THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(c) NO INFORMATION OBTAINED BY YOU FROM THE COMPANY OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS SHALL NOT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WE FURTHER DISCLAIM ANY LIABILITY CAUSED BY UNINTENTIONAL NEGLIGENCE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOU SHOULD CONTACT US THROUGH THE “CONTACT US” SECTION OF THE WEBSITE.

12. Termination And Cancellation Of Membership

If you join as a regular member/subscriber, and subsequently cancel or suspend your membership, your account will remain active until the natural expiry of your chosen membership package. The natural expiry date of your current membership is displayed when you order it, and can be viewed in the “My Account” section of the website at any time. It is not possible to cancel your current subscription package early and obtain a refund of the remainder of the subscription period. Your membership will remain active and you will continue to be re-billed for your chosen subscription package until you either suspend or cancel your active membership of VirtualGym TV.

If you join as a PAYG member/subscriber and subsequently cancel or suspend your membership, your account will remain active until the natural expiry of your chosen membership package. The natural expiry date of your current membership is displayed when you order it, and can be viewed in the “My Account” section of the website at any time. It is not possible to cancel your current subscription package early and obtain a refund of the remainder of the subscription period. Your membership will remain active and you will continue to be re-billed for your chosen subscription package until you either suspend or cancel your active membership of VirtualGym TV.

13. Recurring And Monthly Membership Billing

• If you join as a regular member/subscriber, you will pay for your membership package in advance. We will continue to rebill you at the end of each subscription period automatically, and you will continue to remain an active member until you suspend or cancel your subscription membership.
  
  As a regular member/subscriber, you will not be charged for any of the individual sessions or classes that you watch or download. Your monthly subscription gives you full and unlimited access to our core gym sessions with no further cost to you whilst you remain an active subscribing member. VirtualGym TV reserve the right to offer chargeable additions to the core product (classes) and to charge regular members/subscribers should you choose to purchase these offerings.
  
  For example, if you join us on the 1.1.08 as a regular monthly subscriber, we will re-bill you on the 1st day of each subsequent month automatically until you tell us to stop. Your membership will be continuous as a result.
  
  For example, if you join us on the 1.1.08 as a half-yearly regular subscriber, we will re-bill you on the 1st day of January and July (twice a year) automatically and continuously until you tell us to stop. Your membership will be continuous as a result.
• If you join as a PAYG member/subscriber, you will pay an annual fee in advance. We will continue to rebill you at the end of each subscription period automatically, and you will continue to remain an active member until you suspend or cancel your membership.
  
  As a PAYG member, you will be billed monthly in arrears for the sessions and content that you either watch live or download from the website. The costs for each session vary and are clearly advertised with each class listing. You can view what you will be billed each month in the “My Account” section of the website, and we will charge your chosen payment method on the 28th day of every month for any classes you have purchased. If you have not purchased or downloaded any classes in a particular billing month, there will be no further charge made for that billing month. Your membership will remain active until you tell us to stop, by suspending or cancelling your membership.
  
  For example, if you join us on the 1.1.08 as a PAYG member, we will rebill you once a year on the 1st January for the annual fee automatically until you tell us to stop. Your membership will be continuous as a result.

12. Indemnification

You agree to indemnify, defend and hold harmless the Company and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including solicitors/attourneys fees) and damages arising out of claims resulting from your access or connection to, or use of this website, including without limitation claims arising out of information or content submitted to this website by you, your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by you of these terms and conditions. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company’s defense of such claims.

13. Assignment

You shall not assign or otherwise transfer these Terms & Conditions or assign, delegate or otherwise transfer any of your rights, interests or obligations under these Terms & Conditions and any such assignment, delegation or other transfer shall be void. These Terms & Conditions shall endure to the benefit of the Company’s successors, assignees and licensees.

14. Governing Law and Choice of Forum

These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. You consent to the jurisdiction and venue of the county, magistrate, crown and high courts of England and Wales, in all disputes arising out of or relating to the use of this website, provided, however, that the Company may enforce its rights under this Agreement in any jurisdiction.

15. Miscellaneous Terms

If any provision of these terms shall be ruled as unlawful, void, or for any reason unenforceable by a court of law whose jurisdiction we are bound by in point 14 above, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

16. Reservation of Rights

The Company reserves to itself any and all rights not expressly granted herein.