Terms and Conditions
Thank you for using our website! Please read the following terms and conditions carefully before you make use of the services from Direct Exercise LTD. These are our relevant general terms and conditions regarding our website, and its services, functions, content and applications.
The online platform is currently at a beta-stage, i.e., certain functions do not work properly at the current time and there exists a higher probability for errors and problems to occur. Following completion of the beta-stage or a significant enhancement of the subject of the agreement subject to the user’s consent, amended general terms and conditions will enter into force.
In order to be able to use the complete spectrum of Direct Exercise LTD's products and services, a one-time registration shall be required. Certain content, including general descriptions of Direct Exercise LTD are for viewing without registration.
Your health is very important to us. ALWAYS consult your doctor about your exercise behaviour. Direct Exercise LTD neither substitute your doctor, nor is responsible for your behaviour. The contents of the Direct Exercise LTD website (it doesn’t matter if provided by Direct Exercise LTD, partners or users) aren’t a help or an alternative to the information of a doctor or a pharmacy. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert. The authors of this web site, and all its content, cannot guarantee any exercise, health, weight loss or fitness results or improvements to the users of Direct Exercise LTD.
With the confirmation of these General Terms and Conditions, you confirm that you are solely responsible for your state of health.
1. Validity of the General Terms and Condition
Direct Exercise LTD offers the interactive online platform on the basis of these General Terms and Conditions. By registering, the user consents to the validity of Direct Exercise LTD’s General Terms and Conditions.
Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these General Terms and Conditions.
Direct Exercise LTD reserves the right to amend these General Terms and Conditions at any time. Following such amendment, the continued use of Direct Exercise LTD’s offering by any registered user is subject to such user's consent to such amended terms and conditions. At any time, the then-current version of the General Terms and Conditions is available for viewing on the Direct Exercise website.
2. Subject of the Agreement/Registration/Termination
Direct Exercise LTD operates an online platform (“Website“) aiming to offer services and information in the field of sports, fitness, nutrition and health to its users. Subject to the user's consent, relevant data is transmitted from the smartphone to the Direct Exercise Website and shared with other social networks (e.g., Facebook), respectively. The user hereby confirms its knowledge that as a result of the transmission of data from the smartphone to the Direct Exercise Website, certain costs of the mobile carrier will be incurred that have to be borne by the user.
Limitation: The service is only available to users of smartphones. Only the basic functionality of the website is available for free.
In order to be able to use the Direct Exercise Website, a one-time, free registration is required. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Direct Exercise LTD. Minors may only register with Direct Exercise subject to the explicit consent of their parents or legal guardians. A written consent shall be sent by email to email@example.com.
By registering, the user confirms its knowledge and the unlimited recognition of the content of these General Terms and Conditions.
Each user shall register with Direct Exercise only once and confirms with its registration that it has not registered with Direct Exercise before and has not deleted a previously activated user account.
All registered users are offered a free membership, where only basic features are available. All registered users can upgrade their free membership by buying a premium membership that unlocks the program builder, article composer, statistics of followers and communication facilities. The applicable fees for a premium membership is set to a £12.50 for a time period of 1 month or £125.00 for a time period of 12 months. The fees for the premium membership is binding. Payments for the entire term of a premium membership shall be due immediately upon invoicing. Payment can be made using the available online payment systems. If Direct Exercise LTD is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. Direct Exercise LTD may deliver invoices and payment reminders to the User by email. Your payment to Direct Exercise LTD will automatically renew at the end of the subscription period for the same period length, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service of Direct Exercise LTD. Direct Exercise LTD may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Direct Exercise Service after the price change takes effect, you accept the new price.
Each user shall have the right to terminate the use of Direct Exercise Ltd Website at any time. Additionally, Direct Exercise LTD reserves the right to cancel a membership for important reasons.
3. Right of cancellation
You may cancel your contractual agreement with Direct Exercise LTD in writing (e.g., by letter, or email) within 14 (fourteen) working days without stating a reason. The fourteen working day period begins for contracts, that cover the supply of goods on the date of receipt by the consumer and for contracts for the provision of services with the date of contract. The contract can be canceled by sending timely notification to:
Direct Exercise LTD Building 6000 Langstone Technology Park, Langstone Road, Havant, Hampshire, PO9 1SA United Kingdom
Email: firstname.lastname@example.org In the event of a valid contract termination, services and fees provided by both parties are to be returned, and any economic advantages gained (e.g., interest) are to be repaid. If you are not able to return the services rendered fully or in part, or only in a lesser form, you are obligated to reimburse us for the value lost. This can mean that you are required to fulfill the contractual payment obligations for the time period until cancellation. Obligations to reimburse costs must be fulfilled within 30 days. This period begins for you when you send your contract termination, for us when we receive it.
The User's right of cancellation lapses before the end of the right of cancellation period if the contract has been completely fulfilled to the satisfaction of both parties before the User exercises his or her right of cancellation
5. Disclaimer of Warranties
The Website is provided “as is”. Direct Exercise LTD and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Direct Exercise LTD nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk. The use of any software or hardware offered by Direct Exercise LTD is no substitute for the consultation by the user of a specialised doctor.
6. Limitation of Liability
In no event will Direct Exercise LTD, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (I) any special, incidental or consequential damages; (II) the cost of procurement or substitute products or services; (III) for interruption of use or loss or corruption of data; or (IV) for any amounts that exceed the fees paid by you to Direct Exercise LTD under this agreement. Direct Exercise LTD shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. In the event of slight negligence, Direct Exercise LTD shall not be liable to other businesses and shall be liable to consumers only for personal damages Direct Exercise LTD shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
7. Medical Agreement
The fitness, nutrition, and related information and recommendations provided by Direct Exercise LTD are for educational purposes only and are not intended as substitutes for medical advice from your health care provider. Direct Exercise LTD is not a medical organisation. We encourage and advise you to seek professional medical advice before beginning any fitness or nutrition effort or program. Do not start a diet or fitness routine with us if your health care provider advises against it. We cannot provide you with medical advice or diagnosis. Nothing that you may read on this site or that is otherwise provided to you by our staff should be construed as such advice or diagnosis. Such information is not a substitute for physician consultation, evaluation, or treatment. This site is intended for use only by healthy adult individuals.
In becoming a member with the intent of using this Service, you affirm that either (A) all of the following statements are true: (I) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (II) you have never felt chest pain when engaging in physical activity; (III) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (IV) you have never lost your balance because of dizziness and you have never lost consciousness; (V) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (VI) your physician is not currently prescribing drugs for your blood pressure or heart condition; (VII) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (VIII) you do not know of any other reason you should not exercise; or (B) your physician has specifically approved of your use of Direct Exercise LTD.
And if you are a woman, in becoming a member with the intent of using the sites you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of Direct Exercise LTD.
Direct Exercise LTD reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.
You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
8. Copyright and Rights of Use
The content provided by Direct Exercise LTD is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
Direct Exercise LTD reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this agreement constitutes acceptance of those changes. Direct Exercise LTD may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify and hold harmless Direct Exercise LTD, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this Agreement.
11. Applicable Law
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the website(s) or with any purchases on the websites shall be governed by UK law subject only to the conflict of law-provisions of the European law on Contracts for the International Sale of Goods.
Last updated: September, 2015