Terms & Conditions

Website Usage Terms & Conditions

Welcome to our website, by browsing & using this website you are deemed to have read and agreed to the following terms and conditions in full. You are agreeing to comply with and be bound by all the terms and conditions of use hereafter, which together with our privacy policy govern Fitness Factory relationship with you in relation to this website.

These terms and conditions together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Please refer to the specific product or service 'Terms & Conditions' which have legal contracted precedence over any such 'Terms & Conditions' contained hereafter.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements herein after: "Customer", "Client", "You", "Your" and "Debtor" refers to you, the person accessing this website and accepting the Company's terms and conditions. "FITNESS FACTORY", "The Company", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by, or is licensed to us, or permission for use is granted to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may not create a link to this website from another website or document without Fitness Factory prior written consent.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and the jurisdiction of the English Courts.

Cookies Information

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

Traffic log cookies help to identify which pages are being used on a website. This helps in analysing data about web page traffic, improving websites in order to tailor it to customer needs. We don't hold or use this information for statistical analysis purposes and any data which is inadvertently logged on our system is removed from the system when it is discovered.

Overall, cookies help websites provide you with a better website experience, by enabling the website owners to monitor which pages you find useful and which you do not. A cookie in no way gives any access to your computer or any information about you, other than the data you choose to share.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of a website.

Website Use of Cookies

This website uses cookies which are stored on your browser. You can usually modify your browser settings to prevent this happening. However, by disabling cookies, or certain types of cookie, you may hinder your user experience on this and other websites, or prevent them from working entirely.

Some cookies used on this website are essential in order to enable you to move around the website and use its features. Without these cookies, services you have asked for, like shopping baskets, e-billing, contact forms or search functions cannot be provided.

Some cookies used on this website collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages.

These cookies don't collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.

Some cookies used on this website allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features.

These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and which mean they cannot track your browsing activity on other websites.

Cookies may also be used to improve the user experience and to enable some of the functionality provided by this website.

Please note that some cookies may be placed by third party service providers who perform some of these functions (or other services) for us. Cookies may be used on this website by third party websites, social media platforms or search engines, some of these services may be used to track your behaviour and we have no control over this.

By continuing to use this website and its database without adjusting your browser's cookie settings, you agree to the use and placement of cookies on your device.

As is true with most websites, our server will automatically log data regarding each visit such as your IP address, browser type, referring/exit pages, and operating system. We may use this information to monitor server errors, server administration or to monitor visitor behaviour. It is not possible for this to be disabled on a per-user basis so you must leave this website if you do not agree to this happening.

Anti-Spam Policy

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. We have a zero-tolerance spam policy.

Automated spam filtering

Our messaging systems automatically scan all incoming email [and other] messages, and filter-out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by our systems.

If you believe this has happened to a message you have sent, please advise us.

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

User spam

We provide a facility that enables users to send messages. Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for commercial purposes.

Receipt of unwanted messages from us

In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us and the matter will be investigated.

Acceptable Use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website 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.

You must not 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.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

You should not submit any sensitive, private or personal information through this website except through acknowledged secure areas. The owners of this website accept no responsibility for data submitted through insecure areas of this website.

Communication

Our contact information can be found on our contact page on our website or via company literature or via the company's published telephone number.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Service Refunds Policy

No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, may be refunded subject to any reasonable fees been deducted which the company has incurred. We reserve the right to levy a £50 (UK pounds) charge to cover any subsequent administrative expenses.

The refunds policy in not applicable to any service which is subject to a formal 'Written Contract' between 'The Client' and 'The Company', the 'Written Contract' shall have precedence over any 'Terms & Conditions' contained herein.

Complaints

At FITNESS FACTORY each of our customers is important to us, and we believe you have the right to a fair, swift and courteous service at all times. Our aim is to provide a first class service and to do everything we can to ensure you are satisfied.

If you feel that we have fallen short of this standard and you wish to complain, please contact us in writing and clearly mark it 'complaint'.

Availability

Unless otherwise stated, the products & services featured on this website are available within the country our business is located and are also available in other countries worldwide (they may be a price difference in other countries to reflect exchange rates, local taxes, postage costs or increased overheads of trading in another country). You are solely responsible for evaluating the cost, availability and fitness for a particular purpose of any service, products, downloads, programs, files, images, videos and text available through this site.

The Company does not warrant that the products, services or this website will be uninterrupted, timely or error free, although it is provided to the best of our ability.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will publish these changes on our terms & conditions page on our website.

Any changes to our terms & conditions will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read the terms & conditions on a regular basis.

Advertisements

Advertised particulars, whilst believed to be accurate are set out as a general outline only for guidance and do not constitute any part of an offer, contract, or a warranty and are subject to availability. Intending customers should not rely on them as statements of representation of fact, but must satisfy themselves by inspection or otherwise as to their accuracy.

Website Disclaimer

The information contained in this website is provided on an "as is" basis for general information purposes only. The information is provided by the company or their business partners, and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data, loss of business or profits arising out of, or in connection with, the use of this website (whether or not the loss was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. By using and continuing to use this website you fully indemnify the company, its employees, agents and affiliates against any loss, damages, claims or any other costs in whatever manner, howsoever caused.

Through this website you are able to access other websites, services & businesses which are not under the control of FITNESS FACTORY. We have no control over the nature, content and availability of those websites, services & businesses. The inclusion of any links or listings within this website does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, FITNESS FACTORY takes no responsibility for, and will not be liable for, the website being temporarily unavailable or up to date, due to any issues beyond our control.

Images are for illustration purposes only and may not show the actual product or service, nor does they give any representations about our products or services.

Company Details

Contact detail of the company can be found on the contact page of our website, you can also contact us by email or by using our contact form on our website to request our contact details.

Legal Disclaimer

This website may contain general information about law or legal practice. The information is not advice, and should not be treated as such.

No warranties

Any legal information on this website is provided without any representations or warranties express or implied. We make no representations or warranties in relation to the legal information on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

(a) Any legal information on this website will be constantly available, or available at all; or

(b) Any legal information on this website is complete, true, accurate, up-to-date, or non-misleading.

No lawyer-client relationship

No lawyer-client, solicitor-client or attorney-client relationship shall be created through the use of our website.

Interactive features

Our website includes interactive features that allow users to communicate with us. You acknowledge that, because of the limited nature of such communication, any general assistance you may receive using any such facility is likely to be incomplete and may be misleading. Any advice or assistance you may receive using any such facility does not constitute legal advice and accordingly should not be relied upon as such.

Professional assistance

You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional services provider. If you have any specific questions about any legal or professional matter you should consult your lawyer or other professional provider. You should never delay seeking legal or professional advice, disregard legal or professional advice, or commence or discontinue any legal or professional action because of information on this website.

Privacy Policy

This privacy policy sets out how FITNESS FACTORY uses and protects any information that you give FITNESS FACTORY when you use this website.

FITNESS FACTORY is committed to ensuring that your privacy is protected. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998 and the EU Privacy and Communications Directive). This includes information submitted voluntarily by you or gathered automatically as you visit this website.

Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

By submitting your contact details to us, we and our business partners may contact you or send you marketing materials. We will give you the chance to stop any marketing materials or contact from us in the future, you can also contact us at any time in writing and request that we cease to contact you.

FITNESS FACTORY may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect:

We may collect the following information: name and job title, company details, contact information including email address and phone number, demographic information such as postcode, preferences and interests, other information relevant to customer surveys and/or offers, or information which we need in order to provide products or services.

What we do with the information we gather:

We require this information to understand your needs and provide you with products or services, and in particular for the following reasons:

Internal record keeping

We may use the information to improve our products and services.

We may periodically send promotional emails about new products, services, special offers or other information which we think you may find interesting using the contact details which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Links to Other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website.

We therefore cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

This privacy policy applies to this website only and does not apply to any websites that this website may link to.

We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the products, services, privacy practices, or content, of these sites.

We encourage our users to be aware when they leave our site & to read the terms, conditions and privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Links to this Website

You may not create a link to any page, content or image of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Controlling your Personal Information

You may choose to restrict the collection or use of your personal information in the following ways:

Whenever you are asked to fill in a form on the website or provide information to us, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes. Alternatively if there is no option to opt out then clearly indicate in the message 'marketing opt out'.

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

Your records are confidential and therefore will not be divulged to any third party, however we may need to provided our manufacturer(s), supplier(s), and subcontractor(s) your information for the sole purpose of enabling the company to provide the products or services you have ordered, we may be unable to provided such goods or services if we are unable to share such information, as third parties form an integral part of the goods and services we provide.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to us.

If you believe that any information we are holding on you is incorrect or incomplete, please write to us as soon as possible. We will promptly correct any information found to be incorrect.

Copyright and other relevant intellectual property rights exists on all text relating to the Company's products and services and the full content of this website. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

You may print or download to a local hard disk extracts for your personal and non-commercial use only.

You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

You must not:

(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

Redistribution or republication of any part of this site or its content is prohibited, including such by framing, linking or other similar or any other means, without the express written consent of the Company.

Royalty Free Content

This website may contain royalty free content which may have been obtain from or provided by third parties, such royalty free content is not subject to the copyright restrictions under the terms and conditions of this website.

Payment Terms & Conditions

Payment is due in full within seven normal days from the date of invoice or the date services or goods are supplied (whichever is the soonest applies). Payment can be made by PayPal, cash or cheque, we do not accept Debit or Credit Cards.

Any payments not received within fourteen days from the date it becomes due will be subject to a statutory charge of eight percent above base rate, under the Late Payment of Commercial Debts Act 1998, and as emended in 2002.

In addition a charge will be raised in accordance with the afore mentioned act for reasonably compensation as follows: £40 for debts up to £999, £70 for debts between £1,000 and £9,999.99, £100 for debts more than £10,000.

Further cost will also be charged if the use of a debt recovery agent or court action is required for the recovery of any debts and for the processing of an overdue invoice including any other such associated costs incurred by the company will become payable by the debtor.

Returned (bounced) cheques will incur a £35 charge to cover banking fees and administrative costs.

In an instance of a failed payment, we reserve the right to terminate any products or services. In view of failed payment history and if we do agree to continue to provide products or services, we shall insist on future advance payment transactions only.

Consequently due to failed payments, all products, services, bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full and we agree to resume any cancelled product or service.

Cancellation Policy

In accordance with consumer contracts regulations, services are subject to a 14 day cooling off period, this time starts from the time the order is received, this cooling off time may be not be available in circumstances where the service is requested to start before the 14 days cooling period has expired and good or services have already started to be provided, the cooling off period does not apply to business to business contracts or services.

A minimum 48 hours' notice of cancelation is required for any service ordered via the website or over the telephone (based on normal office working days only). Notification for instance, shall be provided by email, and is subject to confirmation in writing by return email.

Cancellations may be subject to a cancelation charge where the company has undertaken any work, supplied goods or services or incurred any costs or losses.

Any service subject to a formal 'Written Contract' of service between 'The Client' and 'The Company' shall be subject to the 'Cancelation Policy' of the 'Written Contract Terms & Conditions' which will have precedence over any such 'Terms & Conditions' contained herein, but shall not be prejudicial to any such statutory requirements.

Retention of Title

Goods & services shall remain the property of the Company (FITNESS FACTORY) until payment in full has been received. Until title to the goods passes to the customer, they shall hold the goods for the company and shall store the goods in such a manner as they are readily identifiable as the property of the Company. Ownership of all goods and materials rests with the Company. The Company retains the right to recover any goods or materials which have not been paid for in full.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any 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 on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of Terms & Conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Exclusion of Third Party Rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

General

The laws of England govern these terms and conditions. By accessing this website and using our services or buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising.

If any of these terms & conditions are determined by any court or other competent authority to be invalid and/or unenforceable for any reason, then the invalid and/or unenforceable provision will be deemed severed from these terms and the remaining terms will continue in effect.

Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

These terms and conditions form part of the Agreement between the Client (customer) and ourselves. You're accessing of this website and/or undertaking of a purchase of a product or service, booking or agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Third Party Membership Processing & Payment

We use a third party company to process membership and payments, by signing up to our membership service(s) you are entering into a legally bending agreement with us and the third party company. Customers will therefore also be subject to the terms and conditions of the third party company, you can find out more about the company’s we use and the terms and conditions on their website (Ashbourne Management Services Ltd - www.ashbourne-memberships.co.uk).