Terms & Conditions

These terms tell you the terms on which you may use ohmyquad.co.uk (the website).

Please read these terms carefully before you start to use the site as by using it, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

ohmyquad.co.uk is operated by Oh My Quad Fitness LTD, trading as “OMQ” and “Oh My Quad” (we, us or our), a limited company registered in England and Wales. Our company number is 09369543.

We invite you to access and use our online services (the “services”), which are made available to you through a variety of platforms, including the website, the members’ area and through our social media channels. The website, the members’ area and the channels are collectively referred to as the “platform.”

We provide access to our platform to visitors and registered users subject to the following Terms of Use, which may be updated by us from time to time without notice to you.

Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any site content may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making necessary arrangements for you to access our site. You are also responsible for ensuring that anyone who accesses our site through your internet connection is aware of and complies with these terms.

If you choose, or you are provided with, a user identification code, password or any other information as part of our security procedures or membership packages, you must treat such information as confidential, and you must not disclose it to any third party.

We have the right to disable any user identification code or password, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

We provide visitors and registered users with access to the platform as described in this agreement.

Visitors. Visitors, as the term implies, are people who want to look around and see what our Services are all about. Visitors can (a) view all publicly-accessible content, and (b) e-mail us.

Registered Users. Login is required for all Registered Users. Registered Users can do all the things that Visitors can do plus the following:

Basic Members can (a) receive weekly email updates of the latest content.

Bronze Members can do all of the things Visitors and Basic Members can do plus (a) access the Members’ Area; (b) access exclusive workouts; (c) receive a specified discount on selected fitness programmes; and (d) participate in promotional offers and competitions.

Silver Members can do all of the things Visitors, Basic and Bronze Members can do plus (a) receive invites to exclusive events; (b) receive entry into monthly competitions; and (c) access private support group on FaceBook.

Gold Members can do all of the things Visitors, Basic, Bronze and Silver Members can do plus (a) receive one free Personal Training session in London; (b) receive online health and fitness email support; and (c) receive daily monitoring.

Platinum Members can do all of the things Visitors and other Members can do plus (a) receive online coaching; (b) a 45 minute goal-setting call; and (c) fortnightly check-in calls.

We are under no obligation to accept any individual as a registered user, and may accept or reject any registered user in our sole and complete discretion.

Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material (spam).

You also agree not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.

Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

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.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Disclaimer

No reliance on information
We aim to ensure that commentary and other materials posted on our site (materials) are accurate and consistent with current knowledge and practice. However, the materials are not exhaustive, presenting some but not all aspects of conditions and cannot always reflect all the most recent medical research in all areas.

Some of the materials on our site are provided by third parties. We are not in a position to verify this information and do not warrant that such information is true or accurate.

Accordingly, the materials are presented for information purposes only and are not intended to amount to advice on which reliance should be placed. The materials in no way replace the professional medical advice or treatment of a doctor or other qualified practitioner and cannot and should not be used as a basis for diagnosis or choice of treatment.

If you have health problems you should consult a doctor for a full and proper diagnosis based on an analysis of any symptoms and your medical history.

You should consult your doctor before starting any exercise programme.

The information and materials contained on the platform are provided for educational and informational purposes only. Oh My Quad and the trainers and nutritionists on our platform are not engaged in rendering medical advice or recommendations. The platform is not a substitute for professional medical advice and treatment or a consultation with a qualified medical professional regarding your individual health needs.

We make no guarantees, representations or warranties whether express or implied that the materials are accurate, complete or up-to-date.

Jurisdiction and applicable law
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its 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.

To the maximum extent permitted by applicable law, you, on behalf of yourself and your heirs, next of kin, spouse, guardians, legal representatives, agents, executors, administrators, successors, and assigns (collectively the releasing parties), agree that such releasing parties shall not have any right or cause of action, and hereby fully, finally and forever release, indemnify, discharge and acquit Oh My Quad and its past, current and future members, shareholders, employees, officers, directors, subsidiaries, parent entities, trainers on our Platform, solicitors, principals, trustees, representatives, agents, partners, affiliates, predecessors, successors, operating partnerships, general partners, insurers, reinsurers, and assigns from any and all claims, suits, obligations, costs, damages, losses, claims for sums of money, contracts, controversies, agreements, judgements and demands whatsoever, rights liabilities, actions, and causes of action of any nature, known or unknown, suspected or unsuspected, at law or in equity, fixed or contingent, which such Releasing Parties now have or may claim to have in the future arising out of, based upon, attributable to, or in connection with your interaction with the Platform.

Limitations of our liability 
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Orders and payments
You agree that Oh My Quad may immediately authorise your credit card (or other approved facility) for payment for any orders made under your password on the platform. You must keep your password strictly confidential. You are fully responsible for all activities that occur under your password, and you agree to be liable for all charges incurred under your password. Your liability for such charges shall continue after termination of this agreement. If you have a question about a transaction on your credit card statement, please use the “Contact Us” section of the Platform to contact customer service.

If you cancel a subscription with no connection within 7 days of your initial payment, you are entitled to a full refund. If you need to cancel your subscription for whatever reason, it is your sole responsibility to cancel that subscription yourself. Verbal discussion and acknowledgement of desire to cancel does not qualify as a cancellation and does not make you exempt from our refund policy.

Dealings with advertisers and sellers
Your dealings with, or participation in promotions of, advertisers and sellers found on or through our site are between you and such third parties. To the fullest extent allowed we shall not be responsible or liable for any loss or damage incurred as the result of any such dealings with such third parties on our site. Orders placed by you are subject to confirmation by, and the terms and conditions of business of, the relevant seller.

Information about you and your visits to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or harmful components, corrupted data and other malicious software or harmful data or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.

Linking to our site
You may link to our site from websites owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.

Our site must not be framed on any other site. The website in which you are linking must comply in all respects with the Content Standards. We reserve the right to withdraw linking permission without notice. If you wish to make any other use of material on our site other please contact pennie@omqfitnessmagazine.co.uk.

Links from our site
If our site contains links to third party sites and resources, these are provided for your information only. We have no control over their contents.

Termination of the agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the platform at any time without prior notice or liability. If you wish to terminate this agreement or your Oh My Quad account, you may send a request to terminate your account via the Contact Us page, which will place your account in a queue to be removed within 30 days.

Your concerns
If you have any concerns about material which appears on our site, please contact pennie@omqfitnessmagazine.co.uk

Copyright 2015 Oh My Quad Fitness LTD. All rights reserved.