moreactive 4 life

MoreActive4Life Terms and Conditions

Shift Into Sports Limited is the operator of the www.moreactive4life.com and www.shiftintosports.com websites under license from the Fitness Industry Association. Please read these Terms and Conditions carefully as they set out the terms which form a legally binding agreement between you and Shift into Sports Limited.

  1. INTRODUCTION

  2. REGISTERING WITH US – MINIMUM CRITERIA

  3. REGISTRATION AND SUBSCRIPTION OF SHIFT INTO SPORTS

  4. SHIFT INTO SPORTS SERVICES

  5. USE OF FACILITIES

  6. CANCELLATION / TERMINATION

  7. PROHIBITED USE OF THIS WEBSITE

  8. MATERIAL ON THIS WEBSITE

  9. LINKS TO ANY OTHER WEBSITES / SERVICES

  10. GENERAL TERMS AND CONDITIONS

  11. CORPORATE INFORMATION

  12. CHANGES TO TERMS AND CONDITIONS

  1. INTRODUCTION


    1. Acceptance of Terms and Conditions

      Welcome to www.moreactive4life.com (this "Website"). This Website is owned and operated by Shift into Sports Limited. References to "we", "us" or "our" are references to Shift into Sports Limited. For Corporate Information please see Clause 13 below. These terms and conditions ("Terms and Conditions") are deemed to incorporate our Privacy Policy, which should be read together with these Terms and Conditions. We recommend that you save a copy of these Terms and Conditions for your records.

    2. By using The Website you are entering an agreement (as a "Registered User" of MoreActive4Life) with us as the operators of the website. Your use of The Website and your use and/or purchase of Shift into Sports products and services are at all times subject to these Terms and Conditions as applicable to your use of the website (which forms a legally binding agreement between you and us) and all applicable laws. By accessing The Website or using and/or purchasing Shift into Sports’ products or services, including through The Website, you agree to these Terms and Conditions.
      If you do not agree to these Terms and Conditions, you must not use shiftintosports.com, www.moreactive4life.com or any Shift into Sports Limited product or service. You must cancel any subscription of service in accordance with your cancellation rights (see clause 7 below).

    3. Membership and Billing

      You can find the specific details regarding your subscription with Shift into Sports including your next billing date, at any time by clicking on the relevant section of the website.

  2. REGISTERING WITH US - MINIMUM CRITERIA


    1. Provided that you meet the Minimum Criteria outlined below you may use The Website free of charge (as a "Registered User"). To join and become a Registered User of The Website or to purchase any of our products or services, it is your responsibility to confirm that as a minimum:

      1. you must be at least 18 years of age. Persons under the age of 18 are not permitted to join Shift into Sports;
      2. you must live in the United Kingdom (including Northern Ireland);
      3. you must agree to  provide us with personal details (including your name, email address, postal address and valid payment details), that are true and current, and you must update us (through the "My account" section of this Website) if at any time your personal details change by updating the relevant sections of the website;
      4. 4. you undertake and warrant that you are in sufficient health to use the services provided by Shift into Sports. Should you believe that there is any reason that you should not exercise, you should consult a GP prior to using services provided by Shift into Sports.

    2. We reserve the right to refuse any application to become a Registered User or to use or purchase any of our products or services.

  3. REGISTRATION AND USE OF SHIFT INTO SPORTS SERVICES


    1. As a Shift into Sports Registered User you will receive access to certain sections, features and functions of The Website that are not available to non-Registered Users. The code with which you access the website will determine which offers appear as available to you.

    2. After you have become a Registered User of Shift into Sports, you may also subscribe to use and/or purchase Shift into Sports’ products and services although you will not be entitled to obtain chargeable Shift into Sports services unless you agree to the applicable conditions. Please note that there are additional Terms and Conditions prior to registering for that apply to your use and/or purchase of such products and services. For clarity, you will be purchasing access to and usage of sports facilities.

    3. Shift into Sports’ products and services include:

      1. the Membership model of facilities such as gyms, swimming pools and other such services (the additional terms and conditions for this service are set out in clauses 4, 6, 7, and 8);
      2. the Pay As You Go Service (the additional terms and conditions for this service are set out in clauses 5, 6, 7, and 8);

    4. Any terms and conditions, additional usage rules or similar on this Website relating to any product or service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.

  4. SHIFT INTO SPORTS SERVICES


    1. Payment

      As a Registered User of Shift into Sports, you agree to make payment for any products or services which you purchase through Shift into Sports where applicable. Charges will always be made clear to you at the point of purchase. For users of The Website, charges only apply to the purchase of the on-month gym offer. Payment will be made one month in advance. A start-up fee may be required for some Shift into Sports services, although this will be made clear at the point of purchase. Payments for Shift into Sports services will be charged on the same day. All fees and charges are non-refundable. We do not provide refunds for cancellations part-way through the billing period.

    2. You agree not to hold us responsible for banking charges incurred due to payments on your account.

    3. Membership Service Restrictions

      All of our Membership Service packages allow you to use certain facilities at certain times of the day. Outside of the constraints on your Membership Service, you will be liable for additional charges by the provider.

  5. USE OF FACILITIES


    1. You must use the facility for personal, private use and not for any direct or indirect commercial purpose. You must comply with the terms of any usage. You may not sell, lease, lend, license, hire out for any reward, use in a manner inconsistent with the rights of the facility owners or commercially exploit any Shift into Sports services in any way at any time.

    2. You agree that you will be responsible for any use of any facility supplied by us to you and that any use is at your own risk.

    3. You agree that you will still be liable to pay for services if the facility is used not in keeping with the rules governing its usage.

  6. CANCELLATION / TERMINATION


    1. If you have just signed up to Shift into Sports and have changed your mind about subscribing, you may in certain circumstances have a legal right to cancel your membership before the service starts and receive a full refund of your first month's subscription fee. Ordinarily you may cancel the subscription within seven working days of the day after the date on which you subscribe if we have not already commenced providing services to you. However, by subscribing you agree that we may provide you access to the facility of your choice within that seven working day period and you acknowledge that by agreeing to this, this cancellation option is not available to you if we have already provided you with access. If you are eligible to cancel in this manner, you may do so in accordance with the cancellation instructions in this clause 9 (Cancellation by you and Termination by us). In order to arrange a refund of your first month's subscription fee, you will then also need to contact us to advise us that you have cancelled in accordance with your statutory rights and to request a refund of your first month's subscription fee. Once you have completed these steps, we will cancel your subscription and process your refund.

    2. We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice.

  7. PROHIBITED USE OF THIS WEBSITE


    1. You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this Website. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to this Website.

    2. You agree not to impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, Shift into Sports will place a 'cookie' (a small text file) on any computer you use to access the Shift into Sports website. When you revisit the Shift into Sports website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.

  8. MATERIAL ON THE WEBSITE


    1. Copyright

      All materials (including software and content whether downloaded or not) contained on The Website are owned by Shift into Sports Limited (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from The Website to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, without our prior written permission.

    2. Trade marks

      Shift into Sports, the Shift into Sports logo and all other Shift into Sports product or service marks are trade marks of Shift Into Sports Ltd. All other trade marks, logos, images, product and company names displayed or referred to on this Website are the property of their respective owners. Nothing on this Website grants you any licence or right to use, alter or remove such material.

  9. LINKS TO OTHER WEBSITES / SERVICES


    1. We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion. We do not review or endorse any of those websites or services. We are not responsible in any way for: (i) the availability; (ii) the privacy practices, (ii) the content, advertising, products, goods or other materials or resources on or available from; or (iii) the use to which others make of; these websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

  10. GENERAL TERMS AND CONDITIONS


    1. Privacy

      We collect personal information about you through and in connection with your use of this website and your use and/or purchase of our products and services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms and Conditions, and which may be accessed from our home page or by clicking here is deemed to be incorporated into these Terms and Conditions.

    2. Indemnity by you

      You agree to indemnify and hold the Shift into Sports, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, including any violation by you of any applicable laws or the rights of any third party.
    3. Disclaimer of Warranties and Limitations on Liability
      1. Shift into Sports recognises no liability in the event of accident or injury caused as a result of use of facilities provided by this service.

      2. Nothing in this clause 11.3 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit Shift into Sports’ liability for:

        1. fraud;
        2. liability to the extent the same may not be excluded or limited as a matter of law.

      3. This Website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of this Website or its content. We assume no liability or responsibility for any errors or omissions in the content of this Website, any failures, delays, or interruptions in the shipment of discs, delivery or downloading or streaming of Content at our sole discretion. Subject to clause 11.3.2, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.

    4. Subject to clause 10.2.2, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this clause to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

    5. Subject to clauses 10.3.2 and 10.3.3, our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of this Website, or any website content or your use of our products and services shall not exceed in aggregate the greater of ?1 and/or the total amount paid by you to us in respect of Shift into Sports’ products and services in the month preceding any such claim.

    6. Applicable Law

      This website is controlled by Shift into Sports Ltd. Your use of this Website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from or in connection with your use of this website and/or purchase of our products or services we provide are subject to the non-exclusive jurisdiction of the English courts.

    7. Assignment/Transfer By Us

      You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party.

    8. Assignment/Transfer by You

      Shift into Sports memberships, subscriptions and your other rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.

    9. No Waiver

      If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

    10. Force Majeure

      We will not be liable to you for any lack of performance, or the unavailability or failure, of this Website or any of our products or services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

    11. In accordance with clause 1.2, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.

    12. Entire Agreement

      These Terms and Conditions (including the Privacy Policy and any other terms and conditions or usage rules incorporated into these Terms and Conditions) constitute the whole agreement between you and us relating to their subject matter and supersede any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter. Neither party has any liability to the other for a representation or statement not set out in these Terms and Conditions.

    13. Interpretation

      In these Terms and Conditions, unless the context requires otherwise: i any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

  11. CORPORATE INFORMATION


    1. Shift Into Sports Limited is the operator of the www.moreactive4life.com and www.shiftintosports.com websites under licence from the Fitness Industry Association, and its corporate details are as follows: registered office address 3rd Floor, Castlewood House, 77-91 New Oxford Street, London, WC1A 1PX; company number is 7239355.

  12. CHANGES TO TERMS AND CONDITIONS


    1. We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of our products or services will be the version that is current and displayed on this Website as at each date you access this Website or use and/or purchase our products or services (as applicable). Your use of this Website or your use and/or purchase of Shift into Sports’ products or services after changes are made means that you agree to be bound by such changes.
 
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