The internet
website www.mywellness.com (the "Website") is operated and managed by Technogym
S.p.A. We are a company incorporated and located in Italy at the address via G.
Perticari n. 20, 47035 Gambettola (FC) ("we", "us" or the "Manager"). We are
providing web-hosting services on behalf of Mifit Cardiff Llanishen (the
"Club") for the purposes of archiving, organising and processing data,
including personal data, in a database accessible via the Internet at the
Website (the "Database"). Such data relates to the attendance and
work-outs carried out by you and other users and employees of Club, as well as
users of other fitness/wellness clubs and their employees.
The terms and
conditions set out below apply to the whole Website content and (together with
any pages/documents referred to within the terms and conditions) tells you the
terms of use on which you may make use of our Website, whether as a guest or a
registered user. Please read these terms and conditions carefully before you
start to use the Website. By using our Website, you indicate that you accept
these terms and conditions of use and that you agree to abide by them. If you
do not agree to these terms and conditions of use, please refrain from using
our Website and cease your use of our Website immediately.
- INTRODUCTION.
1.1 Some sections of
this Website can be visited by you as a guest, without logging in or
registering. Other sections of this Website require you to log-in or register
by entering the user-code provided to you by your Club. By accessing any
section of this Website, you implicitly accept and agree to comply with all of
the terms and conditions set out herein, as described above.
1.2 The Manager or
the Club have the right to change any of the terms and conditions set out
herein at any time by simply updating this page. Therefore, you agree to check
from time to time these terms and conditions for use of the Website. Please
also note that some of these terms and conditions may be expressly varied,
cancelled or superseded by special conditions or notices published in other
sections of the Website.
- INTELLECTUAL PROPERTY RIGHTS AND LICENSING CONDITIONS.
2.1 Unless otherwise
expressly provided, the Manager is the owner or licensee of all copyright and
all other intellectual property, property or private rights in the Website and
in the material published on the Website (including, by way of example only and
not restricted thereto, art-works, photographs, pictures and graphic diagrams)
are the property of the Manager or its licensing agents. Those works are
protected by copyright laws and treaties around the world. All such rights are
reserved. Any use of the contents of this Website not permitted under these terms
and conditions is strictly forbidden. If you breach any condition herein we can
automatically terminate and cancel your authorisation to visit and use the
Website and you must, at our sole option, immediately return or destroy any
material printed or downloaded from the Website.
2.2 You are permitted
to print or download any extracts from the Website for your personal use only
(and for the avoidance of doubt, not any commercial use) on the conditions
that:
- no document or graphic item of the Website is changed in any way;
- no graphic item of the Website is used separately from the reference text;
- the copyright declaration and the registered trademark declarations, together with this
licensing declaration, are attached to each copy extracted from the Website.
2.3 You must not
modify the paper or digital copies of any materials you have printed off or
downloaded in any way, and you must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any accompanying text.
2.4 Our status (and
that of any identified contributors) as the authors of material on our site
must always be acknowledged.
2.5 Notwithstanding
the provisions set out in clause 2.2, no part of the Website may be reproduced
or filed in or linked to or from any other website or included in any system of
information filing and search or service provision, without prior consent in
writing from the Manager and the Club.
2.6 Any other right
or authorisation not expressly mentioned in these terms and conditions is expressly
reserved.
- SITE ACCESS.
3.1 The Manager shall
endeavour as far as reasonably commercially possible to keep the Website
accessible. However, the Manager shall not be held liable if, for any reason,
the Website cannot be accessed at any given time and for a certain time.
3.2 Access to the
Website may be temporarily suspended, including without prior notice, in the
case of system error, need of maintenance or repair, or for any other reason
beyond the Manager's reasonable control.
3.3 You are
responsible for making all arrangements necessary for you to have access to our
Website.
- YOUR SITE USAGE AND BEHAVIOUR AND MATERIAL BELONGING TO YOU.
4.1 The Manager and
the Club process information about you in accordance with the privacy policy [INSERT
AS LINK TO WEBSITE'S PRIVACY POLICY]. By using the Website, you consent to
such processing and you warrant that all data provided by you is accurate.
4.2 Except for the
personal data that will be processed as described above, any material, content,
etc. transmitted from or entered into the Website shall be considered by us to
be non-confidential and non-proprietary. Therefore, neither the Club, nor the
Manager shall undertake any obligation with regard to this material and the
Club or the Manager (and their appointed persons) shall be free to copy,
report, disclose, distribute, include or use these materials for any commercial
and non-commercial use.
4.3 You undertake not
to enter into or transmit from the Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic,
abusive, such as to incite racial hatred, discriminatory or discriminating,
menacing, scandalous, inciting, blasphemous, damaging to obligations of
secrecy, prejudicial to privacy or that may in any way cause annoyance or harm;
or
- for which the necessary licences or approvals have not been obtained; or
- that represent or encourage forms of behaviour that may be considered to be offences, that may
determine someone's civil liability, that are in any way against the law,
public order or good conduct or that harm third-parties' rights anywhere in the
world; or
- that cause damage (including, without any restrictions whatsoever, computer viruses, logic bombs,
Trojan horses, worms, defective components, corrupt data or other software with
harmful content or capable of causing damage).
4.4 You may not abuse
the Website in any way (including, without limitation and by way of example,
hacking).
4.5 The Club and the
Manager will co-operate actively with the public authorities in charge of
performing investigations and will comply with any court order requiring or
ordering the Manager and/or the Club to disclose the identity and to identify
the subjects that transmit or enter material not in conformity with what is set
out above.
- SITE LOG-INS.
5.1 Your Website
log-in is valid for you only. Any identification code, username, password or
any other piece of information provided to you by the Manager or your Club as
part of their security procedure must be treated by you as strictly
confidential, and you must not disclose it to any third party (even within a
network). 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
opinion you have failed to comply with any of the provisions of these terms and
conditions of use.
5.2 You shall be
solely responsible for ensuring the confidentiality and use of the password and
personally assume all risks and liability relating thereto.
5.3 Your personal
data will be processed in accordance with the Privacy Policy [INSERT AS LINK
TO WEBSITE'S PRIVACY POLICY].
- PRECAUTIONS.
6.1 SITE SECTIONS
RELATING TO YOUR BIOMETRIC DATA ASSESSMENT. In an appropriate section of the
Website, you may freely enter your own biometric data, structured per category.
Formulae for preparing these data, obtained from the most highly-credited
scientific literature, will also be placed at the your disposal for information
only with the sole purpose of providing you with general directions. You
acknowledge and agree that the processing performed automatically by the system
does not provide medical diagnoses or opinions and that you may not rely on
them either, and neither the Club nor the Manager provide any guarantee or
declaration of reliability in this respect and do not intend to provide
services reserved by law for health professionals. As a result, you are asked
to have your state of health constantly checked by your own doctor or GP, who
you agree and acknowledge as having the sole right to diagnose, cure and assess
your state of health.
6.2 WEBSITE SECTIONS
WHERE PERSONAL ACTIVITIES AND NOTES CAN BE ENTERED. The Website also places at
your disposal a section in which you can organise your own diary and record
your own daily activities. You are aware of the fact that, by entering information
in this Website section, the Club may have free access to it. You therefore
hereby waive all right to confidentiality over the information entered, and in
recording it all stipulations set out in these terms and conditions shall be
observed, without prejudice to any obligatory legal limits.
6.3 The Club and/or
the Manager on behalf of the Club shall use reasonable endeavours to ensure
that the information published on the Website is correct, although in no way
give any guarantee with respect to the accuracy and completeness of any
information displayed on the Website. The Club and/or Manager may at any time
change the contents, description of the productions and/or services and any
other aspect of the Website, which may be done without prior notice. It is
understood that the Club and/or Manager undertake no commitment or obligation
to update the material published on the Website.
6.4 Notwithstanding
any laws or regulations that are mandatory under any applicable law, the Club
and/or the Manager on behalf of the Club allows you to visit the Website on the
express condition that they thereby give absolutely no declaration, guarantee,
condition or other limit (including, without any restriction whatsoever, the
implicit guarantees of good quality, suitability for the use proposed and
observance of ordinary due diligence or that displayed by the professional
that, without prejudice to what is excluded in these conditions, could have an
effect with regard to the contents of the Website).
6.5 Commentary and
other materials posted on the Website are not intended to amount to advice on
which reliance should be placed. We shall not be in any way liable or held
responsible in relation to any reliance placed on such materials by any visitor
to the Website, or by anyone who may be informed of any of its contents.
- LIABILITY.
7.1 To the extent
permitted by law, we, other members of our group of companies and third parties
connected to us hereby expressly exclude:
- All conditions, warranties and other
terms which might otherwise be implied by statute, common law or the law of
equity.
- Any liability for any direct,
indirect or consequential loss or damage incurred by any user in connection
with our Website or in connection with the use, inability to use, or results of
the use of our Website, any websites linked to it and any materials posted on
it (including without limitation, the loss or damage due to the spread of
viruses that may effect your electronic equipment (computer or otherwise),
software, data or other property used for access, use or browsing on the
Website by you or used to download material from the Website or from other
websites linked to the Website), including, without limitation any liability
for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however
arising and whether caused by tort (including negligence), breach of contract
or otherwise, even if foreseeable.
7.2 Nothing in these
terms and conditions is intended to or shall be construed to limit or exclude
the liability of any party for death or personal injury arising from our
negligence, liability for fraudulent misrepresentation or misrepresentation as
to a fundamental matter, or any other liability which cannot be excluded or
limited under applicable laws.
- LINKS FROM THE WEBSITE.
8.1 Where the Website
contains links to other sites and resources provided by third parties, these links
are provided for your information only. We have no control over the contents of
those sites or resources, and accept no responsibility for them or for any loss
or damage that may arise from your use of them.
- APPLICABLE LAW.
These conditions
are subject to Italian law. The parties irrevocably agree that all disputes
will be settled exclusively by reference to the judge of the Court based in
Bologna, Italy save that the parties hereby agree that (a) we shall have the
right to sue to recover any amounts due under these terms and conditions in any
jurisdiction in which you are operating or have assets and (b) we may commence
legal proceedings in any jurisdiction in connection with the enforcement or
protection of our intellectual property rights in the Website or otherwise
owned by us.