Terms of Use

Website Terms of Use

Who Are We?

Suzy Wills Personal Training (We) trades as a partnership. Our registered address is Michael House, Castle Street, Exeter, Decon, EX4 3LQ. https://suzywillspt.com is a website (Website) operated by us.

By using our Website you accept these terms

By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Website.

We recommend that you print a copy of these terms for future reference.

These terms of use refer to the following additional terms, which also apply to your use of our Website:

Our Privacy Policy https://suzywillspt.com/pages/privacy-notice. See further under: Your Privacy.

Our Cookie Policyhttps://suzywillspt.com/pages/cookie-policy, which sets out information about the cookies on our site.

Prohibited Use of The Website

By accessing the Website, you agree that you will not:

• Use the Website in violation of these Terms of Use;

• Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Website, or otherwise attempt to discover any source code, or allow any third party to do so;

• Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the content or service in any way;

• Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;

• Use the Website in any manner that damages, disables, overburdens, or impairs the Website or interferes with any other party’s use and enjoyment of the Website;

• Mirror or frame the Website or any part of it on any other website or web page;

• Attempt to gain unauthorized access to the Website, the server on which our Website is stored, or any server, computer or database connected to our Website;

• Access the Website by any means other than through the interface that is provided by Suzy Wills Personal Training for use in accessing the Website;

• Attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Security Act 1992. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately;

• Use the Website for any purpose or in any manner that is unlawful or prohibited by this Agreement;

• Any unauthorized use of any content or the Website may violate patent, copyright, trade mark, and other laws.

Website Content

We own all the rights to all the materials contained in the Website, and the information the Website collects (we refer to all this as ‘the content’). This includes intellectual property, current or future patents, copyright, database rights and trade marks. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Any content included on our Website is only for general information, and we provide it as it becomes available. We take reasonable care to check that the content is accurate and complete before we publish it on the Website. However, because we get the content from a number of different sources and because of the issues involved with providing information through the Internet – we cannot guarantee that the content will always be accurate, available, complete or fit for any particular purpose.

It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We do not guarantee: that the content is free from malware; or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs; or that you will always be able to use the Website without any interruption or error. If you download any content or files to your computer or take the content from the Website in any other way, you do so at your own risk. We will not be responsible for any damage to your computer or any of the information on it.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own anti-malware software.

Website content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

We do not accept any responsibility for any mistakes, errors or other faults in the Website and the content, or for how you use the Website and the content.

When using this Website, you may:

• View and display the content on a computer screen;

• Print individual pages on paper or make a reasonable number of photocopies (or both); and

• Store the content in electronic form on your computer’s hard drive for your personal, non-commercial use only.

The content includes a number of trade marks that are owned by us. By making the trade marks available on our Website, we are not giving you any permission to use them.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Availability of our Website

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Disclaimers and Limitations of Liability

Suzy Wills Personal Training and its service providers, licensors and suppliers make no representations about the suitability, reliability, availability, timeliness, security or accuracy of the Website or the content for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, service and related graphics are provided “as is” without warranty or condition of any kind. Suzy Wills Personal Training and its service providers, licensors and suppliers hereby disclaim all warranties and conditions of any kind with regard to the Website and the content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. No statement or information, whether oral or written, obtained from Suzy Wills Personal Training in any means or fashion shall create any warranty not expressly and explicitly set out in this agreement.

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our Website; or
• use of or reliance on any content displayed on our Website.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Indemnity

You understand and agree that you are personally responsible for your behaviour on the Website. In using the Website, you agree fully to indemnify, defend and hold Suzy Wills Personal Training, its parent company, our officers, directors, employees, business partners, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Information You Post or Provide

You represent that you have all right, title, and interest to information you post on the Website or provide to Suzy Wills Personal Training (“Information”), including but not limited to any consent, authorisation, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Information, and that posting such Information does not violate or constitute the infringement of any patent, copyright, trade mark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.

You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all Information contained in the posted Information is true and your own work or work you are authorised to submit, and that the posted Information do not contain any illegal, threatening, harassing, libellous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.

You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Information you supply do not violate these Terms of Use and you will be liable to us and indemnify us for any breach of these warranties. This means you will be responsible for any loss or damage we suffer as a result of your breach of any of these warranties.

Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with our standards.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Third Party Links

Links on the Website to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Suzy Wills Personal Training of the third party, the third-party website, or the information there. We are not responsible for the availability of any such websites. We are not responsible or liable for any such websites or the content thereon. If you use the links to the websites of our affiliates, partners or service providers, you will leave the Website and will be subject to the terms of use and privacy policy applicable to those websites.

Your Privacy

We take your privacy very seriously and observe UK and EU data protection laws. Any personal information that you give to us, or we collect from you, when you use the Website shall only be used in line with our Privacy Notice. A copy of which can be viewed at https://suzywillspt.com/pages/privacy-notice.

General Provisions

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our Website is directed to people residing in the United Kingdom and the United States of America. We do not represent that content available on or through our Website is appropriate for use or available in other locations.

Applicable law

Should any court, with the appropriate authority, finds that any part of these terms are not valid, this will not affect the validity of any of the other terms in this notice. If you or we fail to take advantage of any right we have under these terms, it does not mean you or we are giving up that right.

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by The Law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by The Law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.

We may make changes to any part of the Website or the content to reflect changes to our products, the law, our users’ needs and our business priorities (including these terms) at any time. We will tell you about any changes to these terms by showing the date of the changes in the ‘Last updated’ section below. By using the Website after the date we make any changes, you are agreeing to the changes.

Last updated: 23 Aug 2022