www.rushfit.com and apps associated with Rushfit are operated by The Original Fit Factory Limited (We, us or our). We are registered in Scotland with company number SC541304, and have our registered office at 160 Clober Road, Milngavie, Glasgow, Scotland, G62 7LW. Our main trading address is 160 Clober Road, Milngavie, Glasgow, Scotland, G62 7LW. Our VAT number is GB259569937.
To contact us, please email hello@rushfit.com or telephone our customer service line on 0141 406 2671
BY USING OUR APP AND PLATFORM YOU ACCEPT THESE TERMS
By using our App and Platform, you confirm that you accept these Terms and that you agree to comply with them. There are other terms that may apply to you. If you do not agree to these Terms, you must not use our App or Platform.
HEALTH & SAFETY WARNING
Please note that following any of the physical exercise workouts, routines and program in this production or elsewhere on our Platform, or replicating any of the activities shown may involve strenuous physical movement which carries the risk of injury.
You are responsible for exercising only within your own physical limits. Not all exercises are suitable for everyone. If you feel pain, discomfort, or dizziness do not continue. It is advised that you seek medical advice before embarking upon a new exercise regime, including the use of any recommended gym or other fitness equipment shown in any of the content.
Although all content is provided with your health and safety in mind, it is critical that you follow all health and safety and other instructions provided, and that you take appropriate medical advice before following any of the physical exercise workouts, routines or activities shown. This is particularly important if you have pre-existing physical or underlying medical conditions, if you are prone to injury, or if you are pregnant or breastfeeding.
Nothing contained within this workout should be construed as any form of medical advice or diagnosis. No doctor-patient relationship is created as a result of you viewing any of our content.
The warm up is essential in helping to lubricate your joints and raise your core body temperature, so reducing your risk of injury. For these reasons, we strongly recommend you never skip this element of your session.
For obvious reasons, it's best not to perform your workouts directly after eating.
Always complete the cool down at the end of each workout to avoid possible dizziness due to blood pooling in your muscles.
You may feel soreness in your muscles in the 24-48 hours following a workout but rest assured this is a positive sign, confirming you have worked your body hard enough to produce the microscopic changes that will lead to you becoming slimmer, firmer and fitter.
ADDITIONAL SAFETY GUIDELINES - EQUIPMENT
Always ensure that you use any recommended gym or other fitness equipment shown in any of the content correctly and in line with manufacturers' instructions and other safety guidelines. Always check the equipment is in safe usable condition before use.
PARTICIPATION OF CHILDREN
Our platform and fitness content is not designed for (and is not suitable for) viewing or use by children under the age of 16, unless specifically stated otherwise by means of an age-appropriate warnings. Where specific content is specified for viewing and use by children, it is essential for health and safety purposes that this is closely supervised by a parent or responsible adult at all times.
RESULTS VARY
The results you will achieve as a result of following any physical exercise workouts, routines or programs will vary. A combination of exercise and suitable diet are required to achieve and maintain desired results such as weight loss and muscle definition. The results shown in any of our productions may have been achieved by using a combination of other work-out and fitness programs as well as those shown.
We recommend that you print a copy of these Terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional terms, which also apply to your use of our App and Platform:
- Our Privacy Policy.
- Our Cookie Policy, sets out information about the cookies on our website.
- If you become a User to our App or Platform, our 'User Terms & Conditions' will apply to you.
- If you purchase goods from our App or Platform, our Terms & Conditions of Supply will apply to those sales.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use our App or Platform, please check these Terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR APP OR PLATFORM
We may update and change our App and Platform from time to time to reflect changes to our services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
WE MAY SUSPEND OR WITHDRAW OUR APP OR PLATFORM
We do not guarantee that our App or Platform, 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 Platform for business and operational reasons. We will endeavour to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our App and Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
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. 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 reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@rushfit.com
INTELLECTUAL PROPERTY RIGHTS
Rushfit and other service or product names, logos and material used on our App or Platform constitute (or include) trademarks belonging to us (or relevant third party rights holders).
Our Platform and all Platform and App Services, and in the material published on it including images, graphics, photos, audio and audio-visual recordings and other content (Proprietary Content) which is proprietary to us or relevant third party rights holders. Those works are protected by copyright laws and treaties around the world. All rights in such Proprietary Content are reserved. Subject to the terms of any separate user licence from us, you may not copy, reproduce, distribute, disseminate, republish, license, download, perform, display, post, transmit, exploit, sell, create derivative works or otherwise use any Proprietary Content in any form, by any means, or for any purpose, without our express prior written consent in each instance.
If you print off, copy or download any part of our App or Platform in breach of these Terms, your right to use our App or Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You agree that you will:
- not copy, rent, lease, sub-license, loan, provide, or otherwise make available the App or Platform Services in any form, in whole or in part to any person without prior written consent from us;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of App or Platform Services nor permit the App or Platform Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App or Platform Services on devices as permitted by us;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or Platform Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by any Platform Service.
ACCEPTABLE USE RESTRICTIONS
You must:
- not use any App or Platform Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into any App or Platform Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of any Platform Services (to the extent that such use is not licensed by these Terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of any Platform Services
- not use any Platform Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect or harvest any information or data from any Platform Service or our systems or attempt to decipher any transmissions to or from the servers running any Platform Service.
You may use our Platform only for lawful purposes. You may not use our Platform:
- in any way that breaches any applicable local, national or international law or regulation, or which is fraudulent, or has any unlawful or fraudulent purpose or effect.
- for the purpose of harming or attempting to harm minors in any way.
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Platform;
- any equipment or network on which our Platform is stored;
- any software used in the provision of our Platform; or
- any equipment or network or software owned or used by any third party.
DO NOT RELY ON INFORMATION ON THIS PLATFORM
The content on our Platform is provided for general information only. 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 Platform.
Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
YOUR CONTENT AND ACCOUNT
A. User Generated Content.
The Rushfit Platform may allow you and users of our websites to communicate, submit, upload or otherwise make available text, reviews, stories, images, photos, audio, video, media, chats, personally identifiable information (including health, wellness and nutritional data), feedback about our products and services, testimonials, success stories, or other content (“User Generated Content”). User Generated Content that you submit through the Rushfit Platform or any other associated social site will be stored, maintained and used by Rushfit in accordance with our Privacy Policy. You acknowledge certain types of User Generated Content that you submit, such as chats, photos, reviews, and message board entries, may be accessed and viewed by the public.
You may not submit or upload User Generated Content that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by Rushfit in its sole and absolute discretion. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to or consent from any other person or entity, to use and exploit, and you fully and unconditionally authorize us to use and exploit, your User Generated Content in all manners and mediums (including commercial use) desired by Rushfit including as contemplated by these Terms. You agree to indemnify and hold us and our affiliates, parent companies, and subsidiaries, and each of their respective employees, officers, and directors harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You waive any right to injunction or other equitable relief in connection with Rushfit's use or exploitation of User Generated Content.
We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the Rushfit Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of Rushfit, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by Rushfit.
B. License to Your User Generated Content. We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the Rushfit Services and on third-party sites and platforms such as Facebook, Instagram,TikTok,YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, applications, or on our websites or in any other commercial manner. We are not, however, obligated to use your User Generated Content.
C. Public Forums. Certain Rushfit Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same. You acknowledge and agree Rushfit is not responsible for any content posted on public forums by any third parties, including without limitation any content which you may find illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative, offensive or harmful.
D. Member Public Profiles. When you create an account with us (Rushfit), you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others.
Rushfit relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. Rushfit does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.
You are solely responsible for your interactions with other members. You acknowledge and agree that Rushfit does not (i) screen its members; (ii) inquire into the backgrounds of its members; or (iii) review or verify the statements of its members, including without limitation, information or representations contained in public profiles. Rushfit does not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 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 you becoming a user to our App or Platform, which are set out in our User Terms and Conditions or relating to 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 Platform 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 App or Platform; or
--- use of or reliance on any content displayed on our App or Platform
- 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 App or Platform for domestic and private use. You agree not to use our App or Platform 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.
YOUR PRIVACY - HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use any personal data we collect through your use of the App and Platform and Platform Services in the ways set out in our Privacy Policy unless you are using a specific service to which a different privacy policy applies, detailed when you access that service.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
UPLOADING CONTENT TO OUR PLATFORM
Whenever you make use of a feature that allows you to upload content to our App or Platform, or to make contact with other users of our App or Platform, you must comply with the Content Standards set out below.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our App or Platform 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 App or Platform 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 App or Platform 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 App or Platform if, in our opinion, your post does not comply with our content standards.
You are solely responsible for securing and backing up your content.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our App or Platform (Contribution), and to any interactive services associated with it.
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- be defamatory of any person.
- be obscene, offensive, hateful or inflammatory.
- promote sexually explicit material.
- promote violence.
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- infringe any copyright, database right or trade mark of any other person.
- be likely to deceive any person
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- promote any illegal activity
- be in contempt of court
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- be likely to harass, upset, embarrass, alarm or annoy any other person.
- impersonate any person, or misrepresent your identity or affiliation with any person.
- give the impression that the contribution emanates from us, if this is not the case. • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- contain any advertising or promote any services or web links to other sites.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the app or Platform Services, you agree to us collecting and using technical information about the devices you use to access those services and related software, hardware and peripherals to improve our products and to provide any App or Platform Services to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
Certain App or Platform Services will make use of location data sent from your devices. If you use these App or Platform Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our App or Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer program and platform to access our App or Platform. You should use your own virus protection software.
You must not misuse our App or Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App or Platform, the server on which our App or Platform is stored or any server, computer or database connected to our App or Platform. You must not attack our App or Platform 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 App or Platform will cease immediately.
RULES ABOUT LINKING TO OUR PLATFORM
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.
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.
You must not establish a link to our App or Platform in any website that is not owned by you.
Our App and Platform must not be framed on any other site, nor may you create a link to any part of our App or Platform other than the home page.
We reserve the right to withdraw linking permission without notice.
The website to which you are linking must comply in all respects with the content standards set out in these Terms.
If you wish to link to or make any use of content on our App or Platform other than that set out above, please contact hello@rushfit.com
BREACH OF THESE TERMS
When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our platform
- immediate, temporary or permanent removal of any contribution uploaded by you to our platform.
- issue of a warning to you.
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- further legal action against you.
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
DATED: 15/09/23
1. THESE USER TERMS
1.1 From time to time Rushfit may offer discounts to new customers.
1.2 What these User Terms cover. These User Terms are the terms and conditions governing your use of our platform to access and view TV.FIT Production content online via our web platform’Rushfit’, including all related websites, mobile application and other software, user interfaces, technology, data and documentation, features and other materials (including any updates or supplements to any of the foregoing which we provide) (our services).
1.3 Why you should read them. Please read these User Terms carefully before you accept them to access our services. They tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.4 Are you a business customer or a consumer? In some areas you will have different rights under these User Terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are Using our services wholly or mainly for your personal use (not for use in connection with your business, trade or profession).
1.5 (Business only) If you are a business customer this is our entire agreement with you. If you are a business customer these User Terms constitute the entire agreement between us in relation to your use of our services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these User Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these User Terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT U
2.1 Who we are. Rushfit is a web platform and apps operated by The Original Fit Factory Limited (We, us or our). We are registered in Scotland with company number SC541304, and our registered office and main trading address is at 160 Clober Road, Milngavie, Glasgow, Scotland, G62 7LW. Our VAT number is 259569937. TV.FIT Productions is a production team operated within The Original Fit Factory limited and who have full rights to all content produced.
2.2 How to contact us. You can contact us by telephoning our customer service team on 0141 406 2671 or by writing to us at our physical address stated in 2.1 above, or via email: hello@rushfit.com
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you, using the telephone contact number, the email address or postal address you provide to us when you register with us.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these User Terms, this includes emails (but not fax).
3. OUR CONSUMER CONTRACT WITH YOU
3.1 When a consumer contract is made. Our acceptance of your application will take place when we email you to confirm your payment was successful, at which point a legally binding consumer contract will come into existence between you and us.
3.2 Adult consumers only. You must be 16 years of age to become a consumer. Children may only use our services only under the supervision of an adult.
3.3 If we cannot accept your consumer application. If we are unable to accept your application, we will inform you of this in writing (usually via email). This might be because your stated payment method is not valid, or we have identified an error in your application.
3.4 Your ID number. We will assign an ID number and tell you what it is when we confirm your purchase is successful. It will help us if you can tell us the ID. number whenever you contact us about your contract.
3.6 What you need to have to access our services. To access our services, you must have suitable internet access and a suitable device. Details of the minimum requirements are contained on our web platform.
3.7 Internet & data charges are your responsibility. Internet access charges and data usage charges to access our services are your responsibility. Please check with your Internet Service Provider for information on these applicable charges.
3.8 Package options. We offer a complete pack at= $129 which gives you access to all content available on Rushfit.com. Rushfit 2= $99(get Rushfit 1 FOC), Strike= $20, Bonus 1= $6.99, Bonus 2= $11.99, Bonus 3=$11.99, Bonus 4= $11.99. Please note these prices can change as per (1.1).
3.9 Permitted use of our services and content. All content available within the Rushfit platfrom has been created by TV.FIT Productions (owned by The Original Fit Factory). Our services and all TV.FIT Productions content viewed through our services are for your personal and non-commercial use only, and may not be shared with individuals beyond your household. During your contract we grant you a limited, non-exclusive, non-transferable right to access our services and view TV.FIT Productions content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use our services for public performances.
3.10 TV.FIT Productions content is subject to change. Our services and all content is regularly updated, and therefore subject to change at any time without notice.
3.11 Access & geographic locations. You are permitted to view the TV.FIT Productions content worldwide.
3.12 Limitations applicable to your subscription. Your account may contain reasonable limitations (which may change from time to time) on your consumption of TV.FIT Productions content, such as the number of your devices which can access our services simultaneously. You will find specific limitations applicable to your contract with us by visiting our web platform and clicking on the “My Account” link available.
3.13 Factors affecting quality of TV.FIT Productions content. The quality of the display of the TV.FIT Productions content may vary between devices, and will be affected by a number of different factors, including the speed of your internet connection, your location and the bandwidth available (including the number of devices accessing online content at the same time). HD availability is subject to your internet service and your device specifications. Not all TV.FIT Productions content is available in all formats, and some devices may restrict access to certain content formats. Further details of these technical requirements, please refer to the guidance available on our web platform.
4. CHANGES TO YOUR ACCOUNT THESE TERMS OR THE SERVICES
4.1 Your rights to make changes If you wish to make a change to your contract, please contact us (see clause 2.2). We will let you know if the change is possible. If it is possible, we will let you know about any changes to fees, or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change.
4.2 Our rights to make changes Minor changes. We may change these User Terms or any services: 1. to reflect changes in relevant laws and regulatory requirements; and 2. to implement minor technical adjustments and improvements. These changes will not affect your use or enjoyment of the services.
More significant changes. In addition, we may make certain more significant changes to your account, these User Terms or any services, but if we do so we will notify you.
5. ACCESS & SUSPENSION OF YOUR ACCOUNT
5.1 When you can access our services. During the purchasing process we will let you know when we will be activating your account. We will activate your account so you can access our services as soon as we accept your payment.
5.2 We are not responsible for delays outside our control. If the supply of our services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us for additional support.
5.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the account to you, for example, your payment details. If so, this will have been stated in the description of the products on our web platform. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 8.1) and clause 8.2 will apply, or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for delays in activating your account, or not supplying any of our services, if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.4 Reasons we may suspend the supply of our services to you. We may have to suspend the supply of our services to: (a) deal with technical problems or make minor technical changes; (b) undertake updates to reflect changes in relevant laws and regulatory requirements; (c) make changes as requested by you or notified by us to you (see clause 4).
5.5 Your rights if we suspend our services. We will contact you in advance to tell you we will be suspending supply of our services, unless the problem is urgent or an emergency.
6. YOUR RIGHTS TO END THE CONSUMER CONTRACT
6.1 As Rushfit is a digital product, as soon as you purchase the product, you have access to all content. Therefore, you hereby acknowledge that your purchase may not be able to be cancelled, and the seller is not obliged to refund.
(a). If our services are faulty or misdescribed you may have a legal right to end the contract (or to get some or all of your money back), see clause 10 if you are a consumer.
6.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these User Terms.
6.4 How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day we email you to confirm we accept your application. PLEASE NOTE: If you start downloading and streaming TV.FIT Production content within this 14 day period, you must pay us for the services provided up until the time you tell us that you have changed your mind. See clause 7 below for details of this.
7. HOW TO END YOUR CONTRACT IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND
7.1 Tell us you want to end your contract. To end the contract with us, please let us know by emailing us at hello@rushfit.com. Please provide your name, your purchase ID and email address.
7.2 How we will refund you. If you are entitled to a refund under these User Terms we will refund you the price you paid by the method you used for payment. However, we may make deductions from the price, as described below.
7.3 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund (or charge you, where we don't hold sufficient funds from you) an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to how much content has been streamed, in comparison with the cost of purchase.
7.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
8. OUR RIGHTS TO END THE CONSUMER CONTRACT
8.1 We may end the consumer contract if you break it. We may end your contract at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due; (b) you break the consumer contract in any other way; or (c) you do not, within a reasonable time of us asking for it, provide us with any relevant information that is necessary for us to provide our services, for example, your payment details.
8.2 You must compensate us if you break the contract. If we end your contract in the situations set out in clause 8.1, we will refund you any sums you have paid in advance in respect of the period after the contract ends, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the consumer contract.
9. IF THERE IS A PROBLEM
How to tell us about problems. If you have any questions or complaints, please contact us. You can email us at hello@rushfit.com or write to us our address in clause 2.2.
10. YOUR RIGHTS IN RESPECT OF DEFECTIVE DIGITAL CONTENT IF YOU ARE A CONSUMER
10.1 If you are a consumer we are under a legal duty to supply digital content that are in conformity with the contract. See below for a summary of your key legal rights. Nothing in these User Terms will affect your legal rights.
Summary of your key legal rights (consumer only).This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice web platform www.adviceguide.org.uk or call 03454 04 05 06
The Consumer Rights Act 2015 says digital content (which includes TV.FIT Production content) must be as described, fit for purpose and of satisfactory quality: a) If your digital content is faulty, you're entitled to a repair or a replacement. b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation. See also clause 6.3.
11. PRICE AND PAYMENT
11.1 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these User Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
12.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the matters summarised at clause 10.1.
12.3 When we are liable for damage caused by defective digital content. If defective digital content which 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 which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow our instructions or to have in place the minimum system requirements advised by us.
12.4 We are not liable for business losses. If you are a consumer we only supply our services to you for domestic and private use. If you use our services for any commercial or business purposes our liability to you will be limited as set out in clause 13.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
13.1 Nothing in these User Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) any matter in respect of which it would be unlawful for us to exclude or restrict liability
13.1 Nothing in these User Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) any matter in respect of which it would be unlawful for us to exclude or restrict liability
13.3 Subject to clause 13.1 (business only): (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £1,000 (one thousand pounds) and 100% (one hundred per cent) of the total sums paid by you under such contract.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.
15. SAFEGUARDING YOUR ACCOUNT & ACCESS
15.1 Passwords and access details. You are responsible for keeping passwords and other pieces of access and account information confidential. You must not disclose these to any third party. We have the right to disable any password or access details, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with these requirements.
15.2 Notify us. If you know or suspect that anyone other than you knows your password or account access details, you must promptly notify us at hello@rushfit.com
15.3 Account control and your responsibility. As the person who created the contract (see clause 3 above) and who paid fees to us (the user), you are responsible for access and control over the contract, your account with us and all devices that are used to access our services, and therefore you are responsible for all activity that occurs through your account. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We reserve the right to terminate or suspend your account without notice to you in order to protect you, us or our partners from identity theft or other fraudulent activity.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 Our trade marks. Rushfit and other service or product names, logos and material used in our services or on our web platform constitute (or include) trade marks belonging to us (or relevant third party rights holders).
16.2 Our rights in services and content. Our web platform and all our services, and in the TV.FIT Production content published on it including images, graphics, photos, audio and audio-visual recordings and other content is proprietary to us or relevant third party rights holders. Those works are protected by copyright laws and treaties around the world. All rights in such services and content are reserved. Save as expressly provided in these User Terms, you may not copy, reproduce, distribute, disseminate, republish, license, download, perform, display, post, transmit, exploit, sell, create derivative works or otherwise use any such services and content in any form, by any means, or for any purpose, without our express prior written consent in each instance.
16.3 Restricted acts. You agree that you will: (a) not copy, rent, lease, sub-license, loan, provide, or otherwise make available any TV.FIT Production content in any form, in whole or in part to any person without prior written consent from us; (b) not translate, merge, adapt, vary, alter or modify, the whole or any part of our services or allow any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use any TV.FIT.Production content on devices as permitted by us; (c) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of any our services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited; (d) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by any our services.
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these User 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.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these User Terms to another person if we agree to this in writing. We will usually agree unless we consider that the person you are proposing is not acceptable as a user (see for example clause 3.2).
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these UserTerms
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these UserTerms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these User Terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings 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.
17.7 Online Dispute Resolution if you are a consumer. If you are a consumer and are not happy with how we have handled any complaint you may have, you may want to submit your dispute for online resolution to the European Commission Online Dispute Resolution platform, (available at https://webgate. ec.europa.eu/odr). This is an online alternative dispute resolution process where an independent body considers the facts of your dispute and seeks to resolve it, without you having to go to court.
17.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
17.9 There are other terms that may apply to you. These following additional terms also apply to your use of our web platform and services: (a) Our User Terms and Conditions (b) Our Privacy Policy (below). (c) Our Cookie Policy, which sets out information about the cookies on our Platform. (d) If you purchase goods from our web platform, our Terms and Conditions of Supply will apply to those sales. Copyright © 2019 The Original Fit Factory. All rights reserved.
Rushfit Privacy and Cookie policy
INFORMATION ABOUT OUR USE OF COOKIES
Our web platform uses cookies to distinguish you from other users of our web platform. This helps us to provide you with a good experience when you browse our web platform and also allows us to improve our web platform. By continuing to browse the web platform, you are agreeing to our use of cookies.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
Please refer to “Cookie Policy” for more information about our use of cookies.