Ten Health & Fitness Terms & Conditions, Waiver Policy and Refund Policy
This Site is owned and operated by Ten Health & Fitness.
Registered in England 6286799
These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the services provided by Ten Health & Fitness on the site and in our studio.
Please read these terms and conditions carefully. Your use of the site, the purchase of any Products or Services on this site or in a studio will be subject to these terms and conditions. And you now hereby agree to our terms and conditions.
Important Liability Statement
The information available on or through this site, and the Services supplied via or in connection with this site or at any Ten Health & Fitness studios do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor.
It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this site (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this site or provided through any Service supplied by us to you.
You, your legal representatives and your heirs release, waive, discharge and covenant, not to sue Ten Health & Fitness and its instructors for any injury or death caused by their negligence or other acts.
Ten Health & Fitness warrants that the Products and Services will be supplied with reasonable skill and care.
In these terms and conditions, the following definitions apply: “Services” means any information and services ordered and/or provided by Ten Health & Fitness through or via the Site or our studios and all services offered as part of any course or workshop. Any electronic information supplied to you by Ten Health & Fitness will constitute part of “Service” not a Product and cancellation rights will apply accordingly. “Products” means any products offered for sale on the Site or in a Ten Health & Fitness studio. “Site” means the web site at the URL www.ten.co.uk or replacement site(s) from time to time.
Site Usage and Intellectual Property Rights
You may use the Site for personal and lawful use and in accordance with these terms and you may not copy or use any material from the site for any commercial purpose.
The intellectual property rights in all contents of the site and supplied as part of the Products or Services, and in the Ten Health & Fitness brands’ trade marks and logos (“Materials”) are owned by Ten Health & Fitness. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any Materials, or remove or change anything on the site, include or create links to or from the site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. “Ten Health & Fitness” is a registered trade mark or application for a registered trade marks owned by Ten Health & Fitness. You must not use the Ten Health & Fitness brand, logos or marks without written licence.
You must not use the site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the site or any other web site or damage or destroy the reputation of Ten Health & Fitness.
Ten Health & Fitness accepts no obligation to monitor the use of the site. However, Ten Health & Fitness reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation.
Ten Health & Fitness will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security. You should refresh your browser each time you visit the site to ensure that you download the most up to date version of the site as we may change the site from time to time.
Your Personal Information
You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Ten Health & Fitness does not enter into conditions, warranties or other terms in relation to the site or the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
The site may include links to external sites and co-branded pages. Ten Health & Fitness has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting, However, Ten Health & Fitness is not responsible for the content of these site and pages or for anything provided by them.
Subject to the important liability statement, Ten Health & Fitness is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
Suspension and termination of Service
Ten Health & Fitness may suspend the operation of the site for repair or maintenance work or in order to update or upgrade the contents or functionality of the site from time to time. Access to or use of the site or any sites or pages linked to it will be not necessarily be uninterrupted or error free.
Ten Health & Fitness may terminate the Service immediately in the event you breach any of these terms and conditions or do not pay any sums due to Ten Health & Fitness (including if the credit/debit card you use is not valid or does not work for another reason).
No contract will exist in relation to the Services or Products until we have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased.
Information displayed on the site or in our studio as to pricing and availability is subject to change by Ten Health & Fitness without notice.
We reserve the right to cancel any classes, sessions, blocks or memberships and/or to refuse entry to any/all our sites at our discretion if:
- in our professional opinion, we consider that you are not medically or physically able to use our facilities safely, or that it is not in your best interests to continue attending classes or sessions at Ten
- you are in serious or repeated breach of our terms and conditions
- you have booked or have attended classes or sessions without payment
- in our reasonable opinion, we consider your behaviour or language to be offensive, abusive, harassing, threatening or discriminatory to our staff, our business or to other clients, whether in our studios or online
- your behaviour or conduct does or, may, risk the physical or mental wellbeing of our staff
Ten Health & Fitness may change these terms and conditions from time to time. By browsing the site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
Enquiries or Complaints
If you have any enquiries or complaints email email@example.com
• Traffic monitoring, for example, the IP address from which you access the site, the type of browser and operating system used to access the site, the date and time of your access to the site, the pages you visit, and the Internet address of the website from which you accessed our site;
• To recognise repeat visitors for statistical/analytical purposes; or
• Anonymous tracking of interaction with online advertising, for example, to monitor the number of times that a banner ad is displayed and the number of times it is clicked.
We may connect the information that we collect through cookies with other personal information that you provide to us. Here’s why we’ll do this:
• To customise or personalise your experience of the site
• For transactional purposes, such as credit card sales; or
• To make our communications with you as relevant as possible; for example, by sending you email communications relevant to the parts of the site that you visit most often or by letting you know about features of the site that you have not accessed previously.
We may compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related site information. However we will never pass on your identity or any specific information about you personally to a third party. If you choose not to receive cookies, you may still use most of the features of our website. Most modern browsers are set to accept cookies by default, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser.
Statutory Rights and Refunds and Cancellation
The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. An administration fee of £50.00 is applicable.