Terms and Conditions of Use
- Please read these Terms and Conditions of Use (“Terms”) carefully. Gourmet PT Ltd, trading as Gourmet PT (herein referred to as “GPT”) are a company registered in the United Kingdom, and own and operate this website (“Site”). By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand and intend these Terms to be the legal equivalent of a signed, written contract, and you accept the Terms as set forth herein and agree to be legally bound by them. If you do not agree to these Terms, please do not access this Site or any pages thereof.
- GPT provides its clients, customers, affiliates, and other parties with a range of goods and services including (but not limited to) promoting exercise, nutrition, general health and wellbeing (individually referred to as Goods and Services) for educational purposes.
User Representations and Disclaimers
- You represent and warrant to GPT that:
- you have reached, or are over, the age of eighteen (18) and have the legal right, power and authority to enter into and perform your obligations under this Agreement;
- all information, including but not limited to your health and nutritional information, that are providing GPT with is accurate;
- you are the authorised signatory of the credit or debit card provided to GPT to pay any amounts due to GPT for any Goods or Services;
- you shall comply with all terms and conditions of this Agreement;
- you agree to be financially responsible for your use of GPT and to comply with your responsibilities and obligations as stated in this Agreement, and
- you have provided and will provide accurate and complete registration information, including but not limited to your legal name, physical address, email address and telephone number.
- You agree that you are solely responsible for providing, maintaining and ensuring compatibility with all hardware, software, electrical and other physical requirements for your use of any Services provided by GPT, including, but not limited to, telecommunications and internet access connections and links, web browsers, or other gym equipment, programs or services required to access and use Services provided by GPT.
- The information presented or contained on the Site, or any third party websites on which GPT holds an account through which it promotes its Goods or Services (collectively, the “Content”) is presented for the purpose of educating athletes and coaches on fitness, general health, and related training issues and topics.
- Nothing contained on the Site or in the Content is intended to be instructional for medical diagnosis or treatment of any specific medical illnesses, ailments or maladies. Any users who are concerned about their health or wellbeing should immediately consult a qualified healthcare provider.
- Information obtained from GPT is not exhaustive and does not cover diseases, ailments, physical conditions or their treatment. Users are required to consult with a registered healthcare provider prior to embarking on any new treatment, diet or fitness program.
- No information contained on the Site or in any Content should be construed as a reason to disregard medical advice or delay in seeking it.
- The Content and other information contained on the Site is compiled from a variety of sources (“Information Providers”). Neither GPT nor any Information Providers directly or indirectly practice medicine or dispense medical services as part of GPT. GPT is not a substitution for the services of a physician, a health provider, or any trained health professional.
- Your use of this Site is subject to your acknowledgement that GPT is not engaged in the practice of medicine and that you are exclusively responsible for all decisions made by you as a result of your having read or accessed any Content.
- GPT expressly disclaims any responsibility or liability for any adverse consequences or damages resulting from your accessing and acting upon any Content as either a user, visitor, Account Holder or otherwise.
- By using this Site, you understand that any adaptation and change to your diet or physical regime should first be approved by a medical professional.
- You agree to use any Goods and Services provided by GPT at your own risk, and hereby expressly waiver any liability due to GPT, over and above those required by GPT to agree to as per law, for using any Goods and/or Services.
Disclaimers and Warranties
- Any Content available through the Site or through third party websites with which GPT holds an account is provided without express or implied warranty.
- GPT hereby waivers all implied warranties of fitness for use or purpose with respect to any Goods or Services, over and above those required as per law, and explicitly state that no warranties extend beyond the description on the face of this agreement.
- Neither GPT nor any Account Holders nor Information Providers make any warranty as to the reliability, accuracy, usefulness, completeness or suitability of any Services for the purposes of amending or changing the physical properties of an Account Holder or user.
- GPT do not warrant against any actions made by humans and/or machines which lead to errors, omissions, delays, interruptions, and/or losses (including any loss of data) through the use of this Site.
- GPT cannot guarantee that any data or information downloaded from the Site are free from infection, including, but not limited to, infection by viruses, worms, trojan horses, or any other code that contains damaging elements or properties.
- Any information contained in any statements made on this Site, or any third party websites, or in any public realm, reflect the views of their authors and do not necessarily reflect those of GPT.
- These disclaimers and warranties constitute an essential part of these terms and conditions with which a user or Account Holder agrees to use this Site or any of its Services.
- The Site may, from time to time, provide users, visitors and Account Holders with the ability to post communications on public fora or messaging boards, and may also encourage users of third-party websites to post communications under or through Content provided via GPT’s account on those websites. Any such communications are made in real time and are not necessarily edited, curated or censored by GPT. Notwithstanding the above, and subject to the terms and policies of third-party websites, GPT reserve the right to monitor and edit and/or remove any content it deems, in its sole discretion, to be unsuitable for public viewing on the Site.
- Any information you choose to share that becomes publicly available is done so at your own risk, and is considered to be non-confidential, including, but not limited to, posting messages, uploading files, voluntarily sharing personal data, or any other form of communication.
- By posting any information on any public area on the Site, or under or through any Content provided by GPT’s account on third-party websites, (subject to the terms and policies of those websites) you automatically grant (or warrant that the owner of such content has expressly granted) to GPT a perpetual, royalty- free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any of that information (including, without limitation, ideas contained therein for new or improved products or services) alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.
Copyright and Intellectual Property
- Copyright of this Site is owned by GPT, who are also the sole owners, licensees, or who otherwise have the sole permission to use or license, all content contained therein, the intellectual property rights of which are hereby fully reserved by GPT, who also reserve the right to enforce them to the full extent applicable under any copyright or trademark law in any jurisdiction.
- GPT reserve the right to assign any rights or obligations under these Terms to any third party, including but not limited to parties taking responsibility for operating this Site.
- When you become a user of this Site, GPT are granting you a limited, non-exclusive, non-transferable license to access the Content contained therein, including any references or promotions to/of Goods and/or Services. You are not permitted to reproduce, modify, distribute, post, frame, deep link, scrape, datamine, or use any Content contained on this website, in whole or in part, including but not limited to any software code, interface design, logo, written copy, video or audio content, without the prior written permission of GPT. Any printing, downloading, publishing or other copying of any material from this Site does not transfer title to any software or material to you, or to any other party. GPT reserve the right to revoke your license to the Content contained in this Site at their sole discretion.
- GPT offer access to certain areas, materials or information contained on this Site to users who agree to pay a subscription (“Core Access”). In order to avail Core Access, you will need to use a registered username and password. Once you are issued a registered username and password by GPT, you will be a holder of an account with GPT (“Account Holder”).
- Unless otherwise stated, all Goods and Services promoted on the Site are for the personal use of an Account Holder, and may not be shared with any other third party without the express written consent of GPT.
- The Account Holder agrees to keep their username and password secure, and to ensure that it is not accessible to any other third parties. In the event that the Account Holder fails to do so, GPT reserve the right to immediately remove any privileges associated with being an Account Holder, including but not limited to Core Access, and to take or keep full payment provided by you in consideration for Core Access for the term agreed, and to pursue legal remedy for any damages caused as a result of said failure.
- GPT reserves the right to immediately remove any privileges associated with being an Account Holder, including but not limited to Core Access, in the event that two ‘I.P.’ addresses are simultaneously logged into the same account, and to take or keep full payment provided by you in consideration for Core Access for the term agreed, and reserve the right to separately pursue legal remedy for any damages caused as a result.
- Account Holders agree to pay GPT, for access to Services and specific Goods accessible via Core Access, in instalments. Where payment is made by credit or debit card, Account Holders agree to be charged automatically by GPT for agreed amounts in agreed frequency over an agreed term. These instalments are not to be considered as full payment for Core Access or Services for any term or period less than as promoted upon initial agreement to pay for Core Access or Services.
- Account Holders whose credit or debit cards expire during the agreed term are fully responsible for ensuring that GPT are authorised to continue charging any new credit or debit card on their account upon immediate effect of the new credit or debit card being activated. In the event that the Account Holder fails to do so, GPT reserve the right to immediately remove any privileges associated with being an Account Holder, including but not limited to Core Access, until such time as the total funds due to GPT are recovered and future funds due are deemed recoverable.
- In order to avail Core Access, you agree to pay GPT all applicable fees and taxes as per the relevant additional terms specific to the Core Access that you are provided. Should these fees and taxes not be paid, GPT reserve the right to terminate your Core Access and/or access to the whole Site.
- In order for GPT to ensure that you honour your payment obligations for Core Access, you agree to permit GPT, or any third party that GPT uses for the facilitation of payment, to store your payment information, including any expired payment method used at any time.
- You understand that any purchase made on the Site may be subject to foreign exchange fees or a differentiation in prices, as well as applicable taxes payable as per the billing information provided at the time of purchase.
- You understand that refunds are subject to our refund policy.
- The Account Holder agrees that, at the end of any agreed term of payment for use, GPT will continue to automatically charge the same credit or debit card at the instalment amount previously in place in the same frequency, as consideration for which Account Holders will continue to avail use of Core Access and other Account Holder privileges, until such time as the Account Holder notifies GPT by email or through the Site to cease doing so, at which time the Account Holder’s membership will continue for 7 more full days and will then expire. Any instalment due during that 7 day period between that cancellation notice and the expiry of the Account Holder’s account may be recoverable by GPT.
Subject to Change
- Any information or opinions expressed on this Site do not necessarily express the views or opinions of GPT, their owners, investors, or personnel, and are subject to change or modification at any time without warning.
- Whilst GPT make all reasonable endeavours to keep the Content contained on this Site timely and up-to-date, GPT make no warranties, representations or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date.
- GPT does not warrant that functionality of this Site will run error-free, nor that any defects will be corrected, and assumes no responsibility for any damage caused to any party by viruses or any other components that are present on servers that make this Site available.
- This Site may, for your convenience, contain links to websites outside of the control of GPT. GPT does not accept any responsibility for any views or opinions held on those websites.
- These terms and conditions may require amendment or modification at any time, and GPT reserves the right to do so. By continuing to use this Site following reasonable notice of any such amendments or modifications, you will be deemed as having accepted any changes to these Terms. You agree that notice of changes to this Site is deemed reasonable notice when posted on this Site. If any modified terms or policies are unacceptable to you at any time past your agreement to these terms and conditions, your sole remedy is to cease becoming a user of GPT, its website or its Content.
- You represent and warrant to GPT that you will not use this Site for any unlawful purpose, including but not limited to attempting or successfully (i) collecting information about other users, (ii) ‘scraping’ or systematically extracting Content or other information from this Site for use on other databases or websites, or (iii) interfering with the operations and functional integrity of the Site including any security systems used by the Site.
- You represent and warrant to GPT that you will not place or submit on, or upload onto, this Site (i) any information or material which is deemed illegal, abusive, defamatory, threatening, discriminatory, or obscene, (ii) any material or information inciting any party to act in a manner that can be construed as a criminal offence under any laws, (iii) any material or information that infringed the rights of GPT or any third party, (iv) any viruses, worms, logic bombs, trojans, or other harmful or damaging material; or (iii) any other thing that interferes with the safe operation or the Content of this Site.
- The laws of England and Wales shall apply to these Terms and Conditions, and to the agreement formed by you and GPT, without regard to any conflict of law provisions. Any legal action arising out of these Terms are to be taken in the High Court of England and Wales.
- Any decision by GPT not to exercise any rights afforded to them by these Terms does not equate to a waiver of their right to it, or any other right or remedy.
- In the event that any of the terms or provisions above are held unenforceable, the validity or enforceability of the offending term of provision shall be severed from the rest and replaced with a non-offending term of provision, and shall not affect the validity or enforceability of the remainder of this page.