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Website Terms of Use (UK)

These terms of use set out important information regarding your rights, obligations and the restrictions that apply when you use our website at https://powerplate.com (the "Website"). We recommend that you read these terms of use carefully before using the Website.

Any reference to "you" or "your", means you as a customer of our goods and/or as a user of our Website. Any reference to "we", "us", "our" or "Power Plate" is to Performance Health Systems UK Ltd. ("PHS UK")

These terms of use govern the relationship between you and us when you access and use our Website. By accessing and continuing to use the Website, you agree to be legally bound by these terms of use. Please note that we may update and amend these terms of use from time to time and any changes will be posted on the Website. However, it is your responsibility to ensure you review these terms of use regularly to familiarise yourself with any changes.

If you do not agree with any of our terms of use then you should not use our Website. You may be asked to agree to further terms and conditions when using specific parts of our Website, for example purchasing goods via the Website (see here: https://powerplate.com/legal/sales-terms-conditions-uk). If there is any inconsistency between these terms of use and any such terms and conditions, the latter terms and conditions shall prevail.

INFORMATION ABOUT US

We operate the Website, https://powerplate.com. We are Performance Health Systems UK Ltd, a company registered in England and Wales under company number 08102963, and with our registered office at Business Design Centre, Unit 115, 52 Upper Street, Islington, London N1 0QH United Kingdom. Our main trading address is Business Design Centre, Unit 115, 52 Upper Street, Islington, London N1 0QH. Our VAT number is 150519040.

ACCESSING OUR WEBSITE AND AVAILABILITY

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

While we endeavour to ensure that this Website is normally available 24 hours a day, we cannot promise that our Website will be free from errors or omissions or that it will be available uninterrupted and in a fully operating condition. The Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Website is discontinued, modified or changed in any way.

We shall not be liable for any failure, any suspension or any termination of access to the Website in connection with or arising out of events outside our control. In these terms of use, an "event outside our control" shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, interruption or failure in communications networks and facilities (including the internet), fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

SUBSCRIBING / REGISTERING WITH US

You may be required to register your details and/or open an account to access some areas of the Website, including subscribing to our mailing list, or to order any goods. You undertake to complete the registration form(s) fully, and that all information provided is up-to-date, true, accurate and complete.

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

YOUR USE OF THE WEBSITE

You agree that you will not use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity or that is fraudulent, or has any unlawful or fraudulent purpose or effect. Furthermore, you agree not to do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access any users' data or penetrate or circumvent any Website security measures or attempt to do any such acts.

You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any of your activities.

You accept that you are able to stop using the Website at any time and at your sole discretion. We reserve the right to suspend, restrict or terminate your access to the Website or any part of it at any time at our sole discretion.

We may also ban or suspend you as a user of the Website if you do not comply with these terms of use and, in such an event, your permission to use this Website shall terminate and you must immediately destroy any downloaded or printed extracts from this Website.

LICENCE

You grant to us a worldwide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform or display any content (in whole or part) you upload, post or email and/or to incorporate such content in other works in any form, media or technology now known or developed.

COMPENSATION

You agree to compensate us, (including our affiliates, employees, officers, agents or partners) and hold us harmless from and against any direct or indirect loss or damage we suffer arising from any third party claim in relation to any content you upload, post or email on or through our Website, your use of our Website, or your breach of the provisions of these terms of use.

SANCTIONS

As soon as we are made aware of activities that breach our terms of use or our privacy policy (see here: https://powerplate.com/legal/sales-terms-conditions-uk), prompt action will be taken. If you witness such breaches anywhere on our Website, please get in touch with us by email at [email protected] as soon as you can.

On being made aware of any such breaches, we may ban, delete or prohibit any content that relates to those breaches or that we judge harmful to individuals or the rights of Performance Health Systems UK Ltd or any of our affiliates, licensors or partners. We reserve the right to take whatever action we deem necessary to prevent such breaches including issuing warnings or banning you from our Website generally.

In addition we may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of our terms of use (see here: https://powerplate.com/legal/sales-terms-conditions-uk), any applicable laws or regulations, or where our rights or third party rights are threatened or infringed.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all copyright and other intellectual property rights in our Website, and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

The names, images and logos identifying us, companies in our group, our partners or third parties and our/their products and services are proprietary marks and may not be reproduced or otherwise used without express permission.

The contents of the Website including (without limitation) web pages, computer codes of elements comprising the Website, and any software provided to you by us may not be copied, reproduced, communicated and/or made available to the public, republished, downloaded, posted, recorded, broadcast or transmitted or used in any other way except for your own personal, private and non-commercial use, unless otherwise expressly permitted by us.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference, and you may draw the attention of others within your organisation to material posted on our Website.

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 material on our Website must always be acknowledged.

You must not use any part of the materials on our Website 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 Website 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.

This restriction does not include your ability to use any of our "sharing" functions (for example, liking and sharing our Website on Facebook) in accordance with that third party's own terms and conditions.

OUR WEBSITE CHANGES REGULARLY

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

RELIANCE ON INFORMATION POSTED AND DISCLAIMER

While we endeavour to ensure that the information on this Website is correct, we make no promise or guarantee regarding the accuracy and completeness of the material on our Website. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information, commentary and materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

OUR LIABILITY

Nothing in these terms of use shall restrict your statutory rights (more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau), nor shall anything in these terms of use exclude or limit our liability for death or personal injury resulting from our negligence or from any fraud or fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

If we breach these terms of use, we shall only be liable to you for any losses that you suffer as a result of our breach which are a reasonably foreseeable consequence of such failure. We will not be liable for losses that result from our failure to comply with these terms of use that fall into the following categories: loss of income or revenue (whether direct or indirect); loss of business (whether direct or indirect); loss of profits (whether direct or indirect); loss of anticipated savings (whether direct or indirect); loss of data (whether direct or indirect); or waste of management or office time (whether direct or indirect). However, this will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in the former categories.

The material displayed on our Website is provided "as is" without any guarantees, conditions or promises as to its accuracy.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE

We process information about you in accordance with our privacy policy (see here: https://powerplate.com/legal/sales-terms-conditions-uk). By using our Website, you consent to such processing and you promise that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR WEBSITE

Contracts for the supply of goods formed through our Website or as a result of visits made by you are governed by our terms and conditions for the sale of goods (see here: https://powerplate.com/legal/sales-terms-conditions-uk).

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not 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 Misuse Act 1990. 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.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.

If you wish to make any use of material on our Website other than that set out above, please contact us by email at [email protected].

LINKS FROM OUR WEBSITE

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

SEVERANCE

If any provision of these terms of use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms of use which shall remain in full force and effect.

LAW AND JURISDICTION

These terms are governed by English law and you can bring legal proceedings in respect of our Website or goods in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.

This Website is based in England and is intended for users in the United Kingdom. We make no representations that the materials and Website are suitable for users outside the United Kingdom, and if you choose to access the Website from outside of the United Kingdom you are solely responsible for ensuring compliance with all relevant local laws.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.

YOUR CONCERNS

If you have any concerns about material which appears on our Website, please contact us by telephone on +44 20 7317 5000 or email us at [email protected].

    1. These terms and conditions were last updated on 30th December 2017.

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