TERMS AND CONDITIONS

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.

By using our website you accept these terms

www.phizifit.com is a website owned and operated by Phizifit Limited (“We”). We are registered in England and Wales under company number 11686199 and have our registered office at Rill House, Aylesbeare, Exeter, Devon EX5 2BW. We are a limited company. Our business address is 26A Haven Road, Poole, BH13 7LP.

If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@phizifit.com.

By using our website, you confirm that you accept these terms and conditions and that you agree to comply with them.

If you do not agree to these terms and conditions, you must not use our website.

We recommend that you print a copy of these terms and conditions for future reference.

There are other terms that may apply to you

These terms and conditions refer to the following additional terms, which also apply to your use of our website:

Changes to these terms and conditions and our website

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible. These terms and conditions were most recently updated on 7 January 2019.

We may update and change our website 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.

Customers will be notified of any planned suspension of our website which will affect their use of our services. We will endeavour to fix any unplanned downtime with minimal disruption to subscribers. We may suspend or withdraw our website

Our website is made available free of charge.

We do not guarantee that our website, 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 website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use 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 of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@phizifit.com

Ownership of rights

All rights, including copyright, in this website and in the materials published on it are owned by or licensed to Phizifit. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose without obtaining a licence to do so from us or our licensors. You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

If you print off, copy or download any part of our website in breach of these terms and conditions, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

Abuse of the materials on our website may result in suspension of subscription.

Accuracy of content

The content on our website 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 website.

Whilst, we have taken care in the preparation of the content of this website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date. Subscribers are encouraged to contact us if they identify issues which Phizifit should address.

Linking to other websites

Where our website 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 websites or resources.

Damage to your computer

We try to ensure that this website is free from bugs, viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

You must not misuse our website 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 website, the server on which our site is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Uploading content to our website

Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with the content standards set out in our Acceptable Use Policy.

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 website 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 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 site 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 site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

Rights you give us to use uploaded material

When you upload or post content to our website, you grant us a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user generated content in connection with the service provided by the website and across different media.

Linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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 website in any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our website other than that set out above, please contact info@phizifit.com

If there is a problem with the services

If you have any questions or complaints about the services, please contact us. You can do so at info@phizifit.com.

Liability

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions.  We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do or is due to events which are beyond our reasonable control.

Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Phizifit, TFF, 26A Haven Road, Poole and all notices from us to you will be displayed on our website from time to time.

Law, jurisdiction and language

If you are a consumer, please note that these terms and conditions, their subject matter and their formation are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

If you are a business, these terms and conditions, 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.

Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Privacy

We will only use your personal information as set out in our Privacy Notice.

Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

Our trade marks are registered

Phizifit is a UK registered trade mark owned by Duncan Ward and Bethany Temple and licensed to Phizifit Limited. You are not permitted to use it without our approval, unless it is part of material you are using as permitted by us.

Other important terms

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.

Contact us

To contact us, please email info@phizifit.com.

Thank you for visiting our site.