Terms of Use

"trainfresh.com and trainfresh.co.uk", "virtuallyfresh.co.uk", "freshairoutdoortraining.com", "Us", "Our" and "We" all refer to our Websites, or the owner of them, which belong to Verve Fitness Ltd (t/a Fresh) (company number 6136052), a private company registered in England and Wales with its registered office address at Fresh Gym and Fresh Sports Centre, Govett Ave, Shepperton TW17 8AB, whose main trading address is at Fresh Gym and Fresh Sports Centre, Govett Ave, Shepperton TW17 8AB. Fresh is a trading name and registered trademark of Verve Fitness Ltd. "You" refers to you the visitor and, or customer. "Website" means our websites at "trainfresh.com" and "trainfresh.co.uk".

Any material that is available free of charge on our Websites you are permitted to use for your own personal use, but not for distribution (including sharing or making available for use by others by any means, whether free of charge or for payment) or resale. You promise that you will not resell or otherwise attempt to commercially benefit from our Website content. All intellectual property (including without limitation copyright) in our Websites and their content belongs to us or our licensors and are protected by copyright laws around the world. You have permission to print one copy and download extracts of any web page(s) from our Websites for (a) your personal use and (b) to mention to colleagues in your organisation. You do not have permission to use any illustrations, photographs, video or audio files separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material must always be acknowledged and you must not use the material on the Websites in a derogatory manner. Otherwise than in accordance with clause 3.1, no part of our Websites may be used without our prior permission. If, in breach of these terms of use, you print off, copy or download any part of our Websites, then your right to use our Websites and its contents is automatically revoked – you must then immediately destroy any copies you have made of any part of our Websites. We do not guarantee that our Websites will be free from bugs or viruses or protected at all times against hacking. You are responsible for setting up your computer to access our Websites and using appropriate firewall and virus protection software.

With the exception of personally identifiable information, the use of which is covered under our privacy policy, any material you send or post to our Websites shall be considered non-proprietary and not confidential. Unless you advise us to the contrary, we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes. When using our Websites you must not attempt unauthorised access to our Websites, the servers on which our Websites or database are stored or any servers, computer or database connected to our site, and you shall not post or send to or from our Websites any material: • for which you have not obtained all necessary consents; • that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; or • which is harmful in nature, including, and without limitation, denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data. 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 site will cease immediately. We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to our Websites in breach of Paragraph 2. If a third party alleges that content posted by you on our sites are in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third party. We reserve the right to remove any posting you make on our Websites for any reason and without notice, but particularly if your post does not comply with these terms of use.

We take reasonable steps to ensure that the information on our Websites are correct at the time of first publishing. However, we do not guarantee the correctness or completeness of material on our Websites or the absence of inaccuracies, omissions or typographical errors. We may make changes to the material on our Websites at any time and without notice, including corrections. The material on our Websites may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date. We are not liable to send you notice of any changes or corrections made. The material at our Websites is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of our Websites on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to our Websites. All information and services are provided "as is" without warranty or condition of any kind. We disclaim all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. Any information on our Websites in many cases will be an abbreviated and simplified summary for general use or general guidance only, and is not a substitute for taking specific advice on your own situation from an appropriate expert. Before taking, or refraining from, any action on the basis of the content of our Websites, you must obtain suitable advice from a professional or specialist. You use the Websites at your own risk – neither we, nor our agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the websites (whether under these terms and conditions or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence). Neither we nor any other party (whether or not involved in producing, maintaining or delivering our Websites) shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Websites. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with our Websites. We shall have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) relating to: • use of, or inability to use, our Websites; or • use of, or reliance on, the contents of our Websites. In addition if you are a business user, we will not be liable to you for: • lost profit or turnover; • interruption or disruption of your business; • your failure to make anticipated savings; • lost business opportunities or damage to your goodwill or reputation; or • indirect or consequential losses. In addition if you are a consumer, you agree not to use our site for any commercial or business purposes, and we shall have no liability to you for anything mentioned in section 7. We shall have no liability to you for any losses caused by a distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software and data from your use of our Websites or your downloading of any content on it, or on any website linked to it. Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.

These Terms shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.