Terms of Use of Website

Below are our terms for the use of our Websites, whether as a guest or a registered user – please read these terms carefully before using our Websites.

These terms are an agreement (“Agreement”) between you and Verve Fitness Ltd (t/a Fresh) about your use of our Websites and the information contained in or available through our Website and should be read in conjunction with our privacy policy. If you do not agree to these terms in full please leave the Website and do not make use of our services. By remaining on the Website and/or making use of our services you are deemed to accept these terms in full. Our terms and our privacy policy are updated from time to time, e.g. to reflect changes in our services and Websites. Please return to these terms from time to time and note any changes, as they are binding on you. Protecting your privacy is very important to us: please review our privacy policy, which explains how we treat your personal information and protect your privacy.

1. Definitions

  • “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 Fairwater Drive, Govett Avenue, Shepperton, TW17 8AB, whose main trading address is at Govett Avenue, 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”, “virtuallyfresh.co.uk” and “freshairoutdoortraining.com”.

2. Access to website

  • You can access many parts of our Websites without having to register any details with us. This includes all articles, guides, news and product information pages. Access to our Membership Area is free and only available to registered, current Fresh members. Registration is required to make a booking on freshairoutdoortraining.com.  Access to the Virtually Fresh website requires you to register your details. Virtually Fresh is available free to Fresh members as part of their Membership; and to those non-members of Fresh who register and pay a monthly subscription. Fresh reserve the right to reconsider this policy.
  • It is for you to make the proper arrangements for you to access our Websites. You are responsible for ensuring that all persons who access the Websites through your Internet connection are aware of this Agreement, and that they comply with it.
  • Our Websites are intended for people in the United Kingdom. Content available on our site may not be suitable or accessible from other countries. We may restrict the availability of our Websites or our services or goods to any person or country at any time without prior notice. If you access our site from outside the United Kingdom, you do so at your own risk.

3. Use of websites and services

  • 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.

4. Site uptime

  • We take all reasonable steps to ensure that our Websites are available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if our Websites are unavailable at any time. We do not guarantee that our Websites, or any content on it, will be available uninterrupted. Access to our Websites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our Websites are unavailable at any time or for any period.
  • Our Websites may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues, but shall not be obliged to do so.

5. Visitor conduct

  • 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.

6. Virtually Fresh website

6.1 Registration

In order to make use of certain facilities available through our websites (e.g. receiving/streaming regular video content) you must first register with us. For this, you will be asked to provide an individual user name and password which you will need to use each time you carry out the action which you registered for (e.g. each time you receive/stream video content). We may prompt you to change your user name and password from time to time.

It is your responsibility to keep your username and password confidential and that you do not disclose them to anyone. We also recommend restricting access to your computer to prevent unauthorised access to your account. You will be liable for all activities which occur under your username and password.

You should immediately notify us at info@trainfresh.co.uk of any unauthorised use of your username and password or any other breach of security as soon as you become aware of it. You can also use this email address if you have problems with logging in or access.

By registering you confirm that all provided information is accurate. Please ensure that all given details are correct and complete and inform us immediately of any changes to the provided information.

If in our reasonable opinion you have breached these terms of use, we may terminate your registration at any time at our complete discretion. If your registration is terminated or suspended you may not re-register with us without our written consent.

If we decide to discontinue any part of the Virtually Fresh service, we will give you at least 30 days’ prior notice (unless we need to discontinue the service (or any part of it) immediately for legal reasons, including in order to comply with a court order). If we discontinue the service, we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the service but not yet received.

6.2 You are responsible for exercising within your limits

Our videos are designed for guidance and motivational purposes only.

If you have any reservations about your suitability to take part in exercise, please seek medical advice before taking part.

You assume all risk of injury to your person or property resulting from your use of the Virtually Fresh service.

6.3 Cancellation of Virtually Fresh subscription service

You may cancel your subscription before the end of your current subscription period in order to avoid being charged for the next period’s subscription fee. There are no refunds or credits for partially used periods. You will continue to have access to the service until the end of your current subscription period.

You may not be able to cancel your subscription through your online account if you access the website from outside the country in which you created your account. See term 2. Access to website above. In this case you must email us to cancel your subscription.

If you cancel your subscription, your Virtually Fresh account will automatically close at the end of your current subscription period.

6.4 Price changes

We may change the price of your subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect.

If we notify you of a price and you do not want to continue your subscription at the new price, you can cancel your subscription before the start of the next subscription period as outlined above. If you continue to use the Virtually Fresh service after the start of your next subscription period, you consent to the price change, and you do not need to take any further steps.

6.5 Changes to the service and agreement

We may regularly make changes to any element of the Virtually Fresh service or the content. In particular, the availability of content may change from time to time. We therefore have the right to add or withdraw content at any time, with or without notice. You acknowledge and agree that content is variable and will change from time to time without notice.

There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the service. We may also update or upgrade the Service from time to time. If changes to any element of the Service are likely to materially adversely affect the Service, we will try to make sure that any changes will not adversely affect you during your current subscription period, so that you have the chance to cancel your Service before the next subscription period begins.

We may change the terms of this agreement from time to time. The circumstances in which we may change the terms of this agreement may include (without limitation), to comply with applicable laws, to provide you with additional information about the Service, where we need to make changes to the Service in order to improve it, or for safety or security reasons.

If we have to make an adverse change to the Service or agreement during your subscription period, we will give you at least 30 days’ notice and the right to cancel. If you do not cancel your subscription after we have notified you about any changes and before these changes take place, and you continue to use the Service, unless prohibited by law, you agree that this constitutes your acceptance of the changes. If you choose to cancel your subscription, we will, if required by applicable law, provide you with a refund for amounts you have paid for the Service but not received.

6.6 Events Beyond our Control

We are not responsible for any delay in delivery any services or order or breach of our obligations, due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, legislation, failure of ISP or telecommunications provider or other cause beyond our reasonable control. This does not affect your statutory rights.

7. Links to and from other websites

  • Any links to third party websites located on our Websites are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from our Websites, it is at your own risk. We will not be liable for any loss or damage that may arise from your use of them.
  • If you would like to link to our Websites, you may only do so on the basis that you link to, but do not replicate, any page on our Websites, and subject to the following conditions:
    • you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed to by us in writing;
    • you do not misrepresent your relationship with us or present any false information about us;
    • you do not link from a website that is not owned by you; and
    • your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
  • If you choose to link to our Websites in breach of Paragraph 2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

8. Disclaimer and exclusion of liability – please read carefully

  • 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 Paragraphs 8.1 to 8.8.5.
  • 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.

9. Miscellaneous

  • If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the above disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
  • Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the use of our Websites and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the use of our Websites.
  • You must not assign or otherwise transfer the Agreement, or any right granted under it, without our written consent. We can freely transfer our rights under the Agreement.
  • Any failure by us to enforce or exercise any provision of the Agreement, or any related right, will not be a waiver of that provision or right.
  • We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, postings on our Websites, or other reasonable means now known or developed in the future.

10. Governing jurisdiction

  • 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.

Version: SEPTEMBER 2020

These Terms of Use of Website have been provided by the legal resource www.legalo.co.uk.

If you have any questions relating to these Terms, please contact us.

Monday to Thurs6.30 am - 10.00pm
Friday6.30 am - 8.00pm
Saturday8.00am - 6.00pm
Sunday9.00 am - 5.00 pm

Telephone: 01932 225 953 . Email: info@trainfresh.com