Terms and Conditions

Disclaimer

Activ8 Fitness Club, It’s Class Programme information and its associates (individually and collectively, “Activ8” and/or “us“) operate the website currently located at http://www.activ8fitness.club and/or other websites on the Internet, now or that may be located on the Internet hereafter (individually and collectively the “Website”), on which Activ8 offer a membership to its Programme for members and Products (as such terms are defined in  our Terms and Conditions).

Terms and Conditions 

If you do not agree to these Terms & Conditions and/or to any revised version of these Terms & Conditions, you should not use the Website and should cancel your membership.

You hereby warrant and represent that you are of legal age to accept these Terms & Conditions and that you are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

Activ8 hereby reserves the right, in our sole discretion, to change, modify, add or remove any or all of these T&C’s at any time by posting a revised version of these T&C’s on the Website. Your use of our Website, Programme after the post of any revised version, shall be deemed as your agreement to and acceptance of any changes made therein from the original, whether or not you have reviewed them.

1. Parental or Legal Guardian Permission
The Website is not meant to be used by or otherwise accessed by children. Activ8 does not provide services or sell Products (as defined below) and/or its Programme (as defined below) to children.  Some of the Content (as defined below) that appears on or that is accessible through the Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITE. Children between the ages of 13 and 18 may use the Website only with the permission and active involvement of a parent or legal guardian.

If you are a minor, please do not provide Activ8 or other visitors to the Website with any personal information; and if you believe that a minor has submitted personal information without the permission and involvement of a parent or legal guardian, please contact Activ8 so that we may take appropriate action.

b.     Privacy

Activ8 is committed to protecting your privacy and security. For more information, please review the Privacy Policy, which is hereby incorporated into these Terms & Conditions by this reference.

c.     Health Disclaimer
The Website provides weight loss management and information applications and content published over the Internet and is intended only to assist users in their personal weight loss efforts. Activ8 is not a medical organisation and its staff cannot give you medical advice or diagnosis. Nothing contained on or made available to you through the Website should be construed as medical advice or diagnosis. The information and reports furnished by Activ8 should not be interpreted as a substitute for a doctors consultation, evaluation, or treatment. You are urged and advised to seek the advice of a doctor before beginning any weight loss effort or regime. The Website is intended for use only by healthy adults.

The Website is not intended for use by minors, pregnant women, or individuals with any type of health or medical condition. Individuals with health or medical conditions are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regime.

2. Website Access
Activ8 hereby grants you a revocable, limited license to access and make personal, non-commercial use of the Website. There is no cost associated with the registration as a user of the Website (a “Registered User”) and you do not have to be a Registered User in order to browse the Website. However, in order to access or use some features of the Website, you may have to become a Registered User. As a Registered User, the Website may afford you greater opportunities to use and/or purchase certain products, offerings, features, resources or services contained on or offered through the Website including, without limitation, information in the form of merchandise.

For the purpose of these Terms & Conditions a “Community Area” means any news, personal page, group page, message board, bulletin board, recipe swap, or similar activity area where you can communicate with other Registered Users and/or post Submissions (as defined below).  In Activ8’s sole discretion and without prior notice or liability to you, Activ8 may discontinue, modify or alter any aspect of the Website including, but not limited to restricting the time the Website is available, restricting the amount of use permitted and/or restricting or terminating any user’s right to use the Website.

3. PRICING
Activ8 may offer products and services on the Website that require payment of a fee(s). The price of a subscription to Activ8’s Fitness Club (the “Programme”) will vary based on which fee-based membeship you select and/or subscribed to. You may choose to make a one-time payment or recurring payments, as will be clearly shown on the applicable order form. if you purchase a membership to Activ8’s Programme and/or related Product that requires recurring payments and you later wish to discontinue making recurring payments after the Refund Period (as defined below) has ended, you will be required to cancel your membership.

4. REFUND POLICY
You have a full 30 days (the “Refund Period”) to try Activ8’s Programme. If for any reason during the Refund Period you are dissatisfied with the Programme and related Products, simply submit a request by the contact page to cancel your membership. Activ8’s customer service team will process the request, and you shall be refunded according to your means of payment, within 5 business days. All purchases made after the expiration of the Refund Period are final.

5. Conduct Guidelines and Community Standards.

a. You acknowledge that all Content (as defined below) posted, emailed, or otherwise transmitted to or on the Website, whether posted at Activ8’s’s request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings“), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Website. Activ8 does not control the Postings posted, emailed or otherwise transmitted to or on the Website by others and, as such, Activ8 does not guarantee the accuracy, integrity or quality of such Postings. Although Activ8 has adopted community standards and conduct guidelines for its Members (as described below), you hereby acknowledge that by using the Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances shall Activ8 be liable to you in any way for any Postings (other than for Content written by Activ8) including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use by you of any Postings posted, emailed or otherwise transmitted to or on the Website.

b.     You agree not to use the Website (including any Community Area) to:

i.      Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in Activ8’s sole discretion);

ii.     Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;

iii.    Impersonate any person or entity, including, but not limited to any Registered User of the Website, a director, instructor, employee, or representative of Activ8 or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Activ8 or any other person or entity;

iv.    Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Website;

v.    Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, copyright, right of privacy or publicity or other proprietary rights of any party;

Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas of the Website, if any, that are specifically designated for such purpose;

vi.  Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or systems;

vii. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

viii.   “Stalk” or otherwise harass another user Website or employee of Activ8;

ix.  Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other Registered Users of the Website, including user names or other identification or passwords; or

x.   Access or attempt to access another Registered User’s Registered User Account without such Registered User’s consent.

xi.   Your right to use the Website (including any Community Area) and contribute to discussions on any Community Area is conditioned upon your compliance with these community standards and conduct guidelines set forth herein. Activ8 may revoke your access to all or a portion of the Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to Activ8’s attention. Further, if you fail to adhere to Activ8’s community standards and conduct guidelines, or any of these Terms & Conditions, Activ8 may, in its sole discretion, terminate your use of, or participation in, any Community Area.

c.     Except as may otherwise be provided in Activ8’s Privacy Policy, all Community Area communications including, but not limited to, chat, message board, news, group, and profile communications, are public, not private, communications. Activ8 reserves the right to monitor some, all, or no areas of the Website (including any Community Area) for adherence to these community standards and conduct guidelines set forth herein or for any other purpose. You hereby acknowledge that by providing you with the ability to distribute Postings in any Community Area, Activ8 is acting as a passive conduit for such distribution and Activ8 is not undertaking any obligation or liability to you or any third party relating to any Postings or activities in any Community Area, nor does Activ8 endorse any such Postings. Although Activ8 hereby reserves the right to remove, without notice, any Posting for any reason, Activ8 has no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. Activ8 is not responsible for maintaining a copy of any material that has been removed from the Website, and Activ8 is not liable for any loss you may incur in the event that Content you post or transmit to the Website has been removed.

6. Restrictions on Use of Materials
The Website contains information, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content“) that are protected by copyrights, patents, trademarks, and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is protected under the United Kingdoms copyright laws (and, if applicable, similar foreign laws), and Activ8 owns the copyright in the selection, coordination, compilation, arrangement and enhancement of such Content. All trademarks appearing on the Website are trademarks of their respective owners. Activ8 Fitness Club is the trade name service of Activ8 Fitness, its, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any purpose other than as specifically permitted hereunder including, but not limited to, use of any Content on any other website or networked computer environment is strictly prohibited unless you receive Activ8’s prior written consent.

7.  Law
The Website is hosted by Activ8 in the United Kingdom, and is not intended to subject Activ8 to the laws or jurisdiction of any country or territory other than that of the United Kingdom (as applicable). Activ8 does not warrant or represent that the Website, Programme and/or the Products or any part thereof made available on or through the Website are appropriate or available for use in any particular jurisdiction other than the United Kingdom. Those who choose to access the Website and/or who purchase any Programme and/or Products do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

8.  Miscellaneous Terms
In any action against Activ8 arising from the use of the Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, and reasonable legal fees.  If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with the, Privacy Policy, and the Health Disclaimer, and any terms and/or policies posted on the Website other constitute the entire agreement between you and Activ8 relating to the subject matter herein.

Any questions or concerns about these terms and conditions of use should be brought to Activ8’s attention via Activ8’s contact page. You may also mail your concerns to  carol@activ8 fitness.club and acceptance of any changes made therein from the original, whether or not you have reviewed them.

Health Disclaimer

This health disclaimer (“Health Disclaimer”) specifically incorporates the Terms & Conditions, and any terms not specifically defined herein shall have the same meanings as those terms are ascribed in the Terms & Conditions.

As an express condition to using the Website, you must agree to the terms of this Health Disclaimer.
If you disagree with any of the terms of this Health Disclaimer, do not use the Website, Program and/or Products.
Your use of the Website, Program and/or Products, including participation in any of the activities mentioned on the Website means that you are agreeing to be legally bound by the terms of this Health Disclaimer.

If you do not agree to this Health Disclaimer or to any revised version of this Health Disclaimer, you should not use our Website, Program and/or Products and should not participate in any of the activities mentioned on the Website.

  • The Website, Program and advice provide help to weight loss management and information “as is” and without warranties of any kind, either express or implied, and are intended only to assist users in their personal weight loss efforts and keeping fit for a healthier lifestyle.
  • Activ8 is not a medical organization and our staff cannot give you any medical advice or diagnosis. Nothing contained on or made available to you through the Website, should not be construed as medical advice or diagnosis.
    The information furnished by Activ8 should not be interpreted as a substitute for a doctor’s consultation, evaluation, or treatment. You are urged and advised to seek the advice of a doctor before beginning any weight loss effort or active regime.
    The Website is intended for use only by healthy adults, and is no way intended for use by minors, pregnant women, or individuals with any type of health or medical condition.  Individuals with health or medical conditions are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regime.
  • The Website’s Content is not a substitute for direct, personal, professional medical care and diagnosis. None of the diet plans or exercises mentioned on the Website or otherwise furnished by Activ8 should be performed or otherwise used without clearance from your doctor or health care provider.
    The information contained herein is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or entity and should not be relied upon in that regard. Activ8 is not medical professional and nothing on the Website, Program should be misconstrued to mean otherwise.
  • There may be risks associated with dieting and/or participating in activities mentioned on the Website for people in poor health or with pre-existing physical or mental health conditions or with any type of health or medical condition. Because these risks exist, you should not participate in such activities, including without limitation diet plans, if you are in poor health or have a pre-existing mental or physical condition or with any type of health or medical condition. If you choose to participate in these diet plans, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities.
  • Facts and information are believed to be accurate at the time they were published on the Website. All data provided in our Website is to be used for information purposes only.
  • You shall hold Activ8, the Website, instructors, and employees harmless from any and all liability for all claims for damages due to injuries, including legal costs, incurred by you or caused to third parties by you, whether directly or indirectly, arising out of the Website, Fitness Programmes including without limitation diet plans discussed on the Website in class and activities mentioned on the Website, excepting only claims for gross negligence.
  • Testimonials, quotes and examples found on the Website or otherwise furnished by Activ8 have been sent to us by class members, each person has unique experiences, exercise habits, eating habits, and applies the information and advice given in a different way. These experiences may not reflect your experience, may not apply to you, and are not intended to represent or guarantee that you will achieve the same or similar results. However, you should always perform due diligence and not take such results at face value.

8.    Advice, information and guidelines published are all correct at time of website being published.

If you have any questions about these disclaimers or about testimonials, case studies, found on the Website or otherwise furnished by us, please e-mail carol@activ7fitness.club

Privacy Policy

Activ8 Fitness Club and its affiliates (individually and collectively, “Activ8”) operate the website located at Activ8 http://www.activ8fitness.club and/or at other websites on the Internet, now or that may be located on the Internet hereafter (individually and collectively the “Website”), on which Activ8 offers a membership to its Programme and Products (as such terms are defined in Activ8’s Terms & Conditions).

As a routine part of transacting business on the Website, Activ8 may receive personally identifiable information from you such as, without any limitation, your name, address, email address, telephone number, email address, birth date, sex, weight and height, as well as information secured by Activ8’s service providers such as your credit card number or paypal account details, telephone number and address (individually and collectively the “Personal Information”).

In an effort to secure your trust and confidence, Activ8 has taken various measures to protect your privacy as it relates to your transactions conducted on the Website, or through any of BActiv8’s active service providers (individually and collectlvely the “Affiliate(s)”), including without limitation.

By using the Website, you hereby agree, without limitation or qualification, to be bound by this Privacy Policy.  This Privacy Policy specifically incorporates Activ8’s Terms & Conditions and any terms not specifically defined herein shall have the same meanings as those terms are ascribed in the Terms & Conditions.

Activ8 hereby reserve the right, in its sole and absolute discretion, to change, modify, add or remove any or all of this Privacy Policy at any time by posting a revised version of this Privacy Policy on the Website. Your use of the Website after the post of any revised version of this Privacy Policy, shall be deemed your agreement to and acceptance of any changes made therein from the original, whether or not you have reviewed them. If you do not agree to this Privacy Policy or to any revised version of this Privacy Policy, you should cease using this Website immediately.

When you provide Personal Information to the Website, you hereby consent to the manner in which Activ8 and/or the Affiliates collect, manage, protect and disclose your Personal Information in accordance with the terms and conditions of this Privacy Policy.

Please note that this Privacy Policy applies only to Personal Information collected by the Website or through purchase of a membrship to Activ8’s Programme or through purchase of its Products. Activ8 is not responsible for the privacy of any Personal Information you reveal or post in any public forum or Community Area (e.g., message board, news page, personal page, etc.), or for the privacy practices.

Security of Personal Information:

Activ8 Fitness Club maintains administrative, safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information.

INFORMATION COLLECTED ON THE WEBSITE OR THROUGH YOUR SUBSCRIPTION TO THE PROGRAM OR THROUGH YOUR PURCHASE OF THE PRODUCTS

Personal Information.

Activ8 may request Personal Information from you when you become a member on our Website, sign up or purchase any Products. In all of these cases, Activ8 will collect Personal Information from you only if you voluntarily submit such Personal Information. Activ8 will not sell, share, your Personal Information other than as specified in this Privacy Policy. You do not have to provide Activ8 with any Personal Information to visit the Website. However, if you choose to withhold requested information, you may not be able to visit all sections of the Website or have access to all of the Products or other features of the Website, such as the online tools or submitting Postings to any Community Area on the Website.

Promotional Information and Marketing Materials
Activ8 would like to inform you of Products, sales and special offers that might benefit you. We greatly respect your time and attention by controlling the frequency of promotional information and marketing e-mails.

You will have the opportunity to sign up for e-mails about the Products, sales and special offers. If you would like to stop receiving such promotional information from Activ8 please click the link at the bottom of the email correspondence, which allows you to opt out of receiving further correspondence.