Published on March 31st, 2022

OVERVIEW

This Site train-andgym.com (the “Site”) is operated by Digicast Media LTD (“Company”, “we”, “us” or “our”).  All information, tools and services (“Service”) available from this Site to you, the user (“you”, “User”), are conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein.

SECTION 1 – ACCEPTANCE OF TERMS

Thank you for using our Site! We’re happy you’re here. Please read this Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms, then you may not access Site or use any Services.

These Terms of Service apply to all users of the Site and supersede and replace any and all prior oral or written understandings or agreements between Company and you regarding the Services.

By agreeing to these Terms of Service, you represent and warrant that you are (i) at least eighteen (18) years of age or the age of majority in your country of residence and (ii) otherwise recognized as being able to form legally binding contracts under the applicable law.

Company does not target our Service to children under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s Account immediately.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 2 – YOUR USE OF THE SITE

Our Site and all its contents are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the contents and other downloadable materials displayed on the Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Site or in the contents. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Site or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Site is strictly prohibited.

Please be aware that communication with our Company through this Site may not be considered privileged or confidential.

SECTION 3 – ACCOUNT AND PASSWORD

Certain Services offered on or through the Site may require you to register an account  (“Account”) with us by following the registration process as described on the Site and purchase a subscription plan (“Subscription Plan”) in accordance with the respective section of the Site.

You must provide the information we need to complete your registration for an Account, including your valid email address, billing information and any other information we ask for during the registration process. When you create this Account, you must provide accurate and up-to-date information. Please maintain and promptly update your details and any other information you provide to us, keep such information current and complete.

Only human beings may use the Service, which you can only use if you create Account with us. We don’t allow for bots or other automation tools to register Accounts, and registering an Account this way is prohibited.

You are solely responsible for maintaining the confidentiality of the information you hold for your Account, including your password, and for any and all activity that occurs under your Account as a result of your failing to keep this information secure and confidential.

Please notify us immediately of any unauthorized access or use of your Account or password, or any other breach of security.

We reserve the right to disable your Account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your Account which, in the sole discretion of the Company, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.

SECTION 4 – SUBSCRIPTION PLANS

The extent of the provided Service, as well as other features of the Service, depends on the chosen Subscription Plan. The limitations to the Subscription Plans are specified on the Site, together with a description of other aspects of Subscription Plans.

If you purchase a Subscription Plan, it will automatically renew, unless, prior to the end of the current period of effectiveness of the Subscription Plan:

(i) you terminate your Account;

(ii) you set your Account not to auto-renew;

(iii) Company declines to renew your Subscription Plan; or

(iv) these Terms of Use are otherwise properly terminated as expressly permitted herein.

Subscription Fees and features may change over time and we may recommend a new Subscription Plan that is comparable to your previous one that is ending. If you accept the new Subscription Plan, its terms and conditions with these Terms of Service will apply thereafter.

You may cancel your Subscription Plan at any time from the Account page on the Site. To cancel, log into your Account and follow the cancelation procedures or contact our support center.

SECTION 5 – SUBSCRIPTION FEE

Where applicable, the prices, features, and options of the Services depend on the Subscription Plan selected by you. In general, we offer trial 1 to 3 days period option for £1.00 and monthly renewal packages (£59.99).

When you purchase a Subscription Plan, you shall provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. All payments will be processed by our third-party payment processor and subject to its terms of service and privacy policy.  BY AGREEING TO A SUBSCRIPTION PLAN, YOU AUTHORIZE COMPANY OR ITS AGENT TO CHARGE ITS PAYMENT METHOD ON A RECURRING (E.G. MONTHLY OR YEARLY) BASIS (“AUTHORIZATION”) FOR: (i) THE APPLICABLE SUBSCRIPTION PLAN CHARGES; (ii) ANY AND ALL APPLICABLE TAXES; AND (iii) ANY OTHER CHARGES INCURRED IN CONNECTION WITH THE CUSTOMER’S USE OF THE SERVICES. The Authorization continues until termination of these Terms of Use.

All bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which supports the payment facility to provide these services to the Users. All such bank transfers on payment facility are governed by the terms and conditions agreed to between User and the respective issuing bank.

We do not represent or warrant that a particular Subscription Plan will be offered indefinitely and reserve the right to change the prices for or alter the features and options in a particular Subscription Plan without prior notice.

SECTION 6 –  RESTRICTIONS

You agree not to engage in any of the following activities:

(i)          Violating laws and rights

You may not (a) use any of our products for any illegal purpose or in violation of any local, state, national, or international laws; (b) violate or encourage others to violate any right of or obligation to a third party, including, but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights; (c) purport to subject the Company to any other obligations; or (d) use our products for any purpose not specifically permitted in these Terms.

(ii)         Solicitation

You may not use our products or any information provided through the Site for the purpose of (a) the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation; (b) building a product using similar ideas, features, functions or graphics of the Site; (c) copying any ideas, features, functions or graphics of the Site and the Company’s intellectual property; or (d) modifying, adapting, translating, or otherwise creating derivative works based upon the Site.

(iii)        Disruption

You may not use the Site in any manner that could disable, overburden, damage, or impair the products, or interfere with any other party’s use and enjoyment of the products; including, but not limited to, by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code; (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the products; (c) violating any regulation, policy, or procedure of any network, equipment, or server; (d) cause or permit decompilation, reverse assembly, reverse engineering or otherwise attempting to discover the source code of all or any portion of the Site or the Company’s intellectual property.

(iv)        Harming others

You may not post or transmit content on or through the Site that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; you may not intimidate or harass another through our products; and, you may not post or transmit any personally identifiable information about persons under 16 years of age on or through the Site.

(v)         Impersonation, unauthorized access and unauthorized transfer of rights

You may not:

•            impersonate another person or entity, or misrepresent your affiliation with a person or entity when using our products;

•            use or attempt to use another’s Account or personal information without authorization;

•            attempt to gain unauthorized access to the products, or the computer systems or networks connected to the products, through hacking password mining or any other means;

•            rent, lease, sell, resell, loan, assign, sublicense, license, copy, distribute or otherwise commercially exploit, or otherwise transfer rights to use the Site or its content.

(vi)        Spam

At all times you may not send spam or otherwise send duplicative or unsolicited messages in violation of applicable laws.

WITHOUT LIMITING THE FOREGOING, YOU SHALL AT ALL TIMES COMPLY WITH THESE TERMS, PRIVACY POLICY, COOKIE POLICY, AND OTHER TERMS AND POLICIES ON THE SITE, AS MAY BE AMENDED AT THE SOLE DISCRETION OF THE COMPANY.

We reserve the absolute right to determine if any acts of yours breach the listed provisions.

SECTION 7 –  OUR RIGHTS

Which rights we have under these Terms:

(i)          Control of the information

At all times to edit, refuse to post, or to remove from the Site any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.

(ii)         Suspension

Suspend access to all or part of the Site for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Site, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the Site for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

(iii)        Updates

Update these Terms and our Privacy Policy and any other documentation referred to in any of these documents from time to time. If you do not agree to the changes made to the provisions of the Terms, then you have the right to stop using the Site and should do so immediately. Please note that your continued use of the Site after the date the changes have been posted will constitute acceptance of the amended Terms.

SECTION 8 –  PRIVACY

Company respects your privacy, so we do not sell the privacy data of our users to third parties, except if the Company is sold, merged, bought by the third party, to whom your data is transferred. In these occasions, we will notify you of any change in ownership.

SECTION 9 –  CONTENT ON OUR SITE

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights, service marks, names, logos, trade-marks, owned by or licensed to the Company or its respective affiliates, and are protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is the exclusive property of the Company and is also protected by U.S., European and international copyright laws. Permission to use the Contents is granted, provided that:

(i)          the above copyright notice appears on all copies;

(ii)         use of the information is for informational and non-commercial or personal use only;

(iii)        the information is not modified in any way; and

(iv)        no graphics available from this Site are used separate from accompanying text.

You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Contents or enforce limitations on use of the Site or the Contents therein.

We attempt to ensure the accuracy of the Content and information as it is posted but cannot guarantee that all the information is accurate. The materials appearing on the Site could include technical, typographical, or photographic errors. We don’t warrant that any of the materials on the Site are accurate, complete, or current. We may make changes to the materials contained on the Site at any time without notice. We may in our sole discretion update the materials.

SECTION 10 –  LINKS TO OUR SITE

You may not link to our Site without our prior consent. Where you have obtained our consent to link to our Site:

(i)          You may provide links to our Site on other Sites owned by you, provided that such Sites and the use of any links to our Site comply with these Terms;

(ii)         Wherever you post a link to our Site on any other Site, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and

(iii)        You must not link to our Site in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and, in any event, without having first obtained our prior written consent.

We may withdraw permission to link to our Site at any time. In the event that we withdraw permission to link to our Site and inform you of the same, you must immediately remove or cause to be removed any links to our Site.

SECTION 11 –  DISCLAIMER

By accessing our Site you expressly agree that the Site, and any Content or features made available in connection with it, are used at your sole discretion and risk and are provided “as is” and “as available”, without warranty of any kind, either express or implied, from Company.

We expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, correctness, accuracy and reliability. Unless otherwise expressly stated herein, we do not warrant that the Site, and any content, services or features made available on or through it (or the server that makes them available), will be uninterrupted or error-free, free of viruses or other harmful components or that defects therein will be corrected.

Please note that we are not liable for the performance of or access to the payment systems presented on our Site.

The laws of certain jurisdictions do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services, so some or all of the exclusions or limitations in this provision may not apply to you.

This disclaimer constitutes an essential part of these Terms and shall survive the termination of these Terms or your right to use this Site.

SECTION 12 –  LIMITATION OF LIABILITY

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Company and its affiliates and their respective employees, directors, officers, mandataries, agents, vendors, licensors or suppliers be liable to you or to any other person for any direct, indirect, special, incidental, punitive or consequential losses or damages of any nature, including, without limitation, damages for lost profits, loss of goodwill, loss of data, loss of use, work stoppage, accuracy of results, or computer failure or malfunction, arising out of or in connection with this Site including, without limitation,

(i)          the use of or inability to use this Site;

(ii)         any contents or materials downloaded from this Site, and any links provided on this Site;

(iii)        any inaccuracy, error or omission in relation with the tips, advice, guides and other information contained on this Site or in relation with any delay in their transmission or delivery;

(iv)        any work initiated by you and based on the directions contained on this Site or resulting directly or indirectly from the use of the information contained on this Site;

(v)         any transaction conducted on this Site; and

(vi)        any unauthorized access to or alternation of your data, even if an authorized representative of the Company has been advised of or should have known of the possibility of such damages.

The laws of certain jurisdictions do not allow the exclusion or limitation of liability or of certain damages, some or all of the exclusions or limitations in this provision may not apply to you. In such jurisdictions our liability shall be limited to the maximum extent permitted by the applicable law.

The above limitation of liability shall survive the termination of these Terms or your right to use this Site.

If you are dissatisfied with the Site, or the terms of the Terms, your only remedy is to discontinue use of the Site.

SECTION 13 –  INDEMNIFICATION

You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf):

(i)          your uploads, access to or use of the Site;

(ii)         your breach or alleged breach of these Terms;

(iii)        your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

(iv)        your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

(v)         any misrepresentation made by you.

You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

SECTION 14 –  NOTIFICATIONS

We may provide notifications to you via email notice, or through posting of such notice on the Site, as determined in our sole discretion. We reserve the right to determine the form and means of providing notifications, provided that you may opt out of certain means of notification as described herein.

Should you have any questions, complaints, or claims with respect to the Site, then please contact us at [email protected].

We will make a good faith effort to answer questions within five (5) business days.

SECTION 15 –  MISCELLANEOUS

The Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement as to your use of and our provision of the access to the Site and supersedes and extinguishes all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.

Section headings are inserted for convenience only and shall not affect the interpretation of the Terms.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Any failure or delay by us in enforcing any right, power or remedy under these Terms or applicable law shall not be deemed to be a waiver thereof unless made expressly in writing by us.

You may not assign, transfer or sub-contract any of your rights under the Terms. We may assign, transfer or sub-contract all or any of our rights at any time without notice or your consent.

You acknowledge that you have placed no reliance on any representation made but not set out expressly in the Terms.

The Terms shall be subject to the laws of Ireland and the parties shall submit to the exclusive jurisdiction of the courts of Ireland.

For any dispute that you may have with Company, you agree to first contact us via [email protected] and attempt to resolve the dispute informally. If the dispute is not solved by negotiation, you agree to try to resolve it in arbitral procedure.