fbpx

Terms & Conditions

Terms & Conditions

PLEASE READ THESE TERMS BEFORE USING THIS SITE

These Terms of Conditions (“Terms” or “Terms and Conditions”) are a legal agreement between you and Actve Ltd. (“Actve”, “us,” or “we”) regarding your use of services available at www.actve.com, including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program (together, the “Service”).

By using any portion of the service, you are agreeing to be bound by and are becoming a party to these terms. If you do not agree to these terms, do not use the service.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Changes to the Terms shall become effective upon posting to our website. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. We encourage you to check the Terms periodically to stay informed of current policies.

For information about our policies and practices regarding the collection and use of your personally identifiable information, please read our Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your use of the Service is governed by our Privacy Policy in effect at the time of your use.

SERVICE DESCRIPTION

An online fitness platform where your favourite trainers, social media influencers and athletes share their real-time workouts and guided programs. We empower creators to build a subscription business and offer their exclusive content, providing all the tools needed to enhance the interactivity and experience for the consumer.

ELIGIBILITY

You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.

ACCOUNT

In order to use the Service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of Service.

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or third-party service. You must notify us immediately when you become aware of any breach of security or unauthorised use of your account.

You may not use a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use, as a username, any name that is offensive, vulgar, or obscene. 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. 

YOUR USE OF OUR SERVICES

You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You warrant that all the information you provide to us on accessing and/or using our Services is and shall remain true, correct and accurate at all times. You understand and agree that all content that you may upload, communicate or otherwise make available via our Services is your sole responsibility.

COPYRIGHT INFRINGEMENT AND CONTENT TAKEDOWN

Please note that we have no obligation to monitor, review, filter, moderate or remove any content from the Services. Nevertheless, we reserve the right to take any such actions in our sole discretion.

If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to our Services, without your authorisation, or in any other way that constitutes copyright infringement, you should notify us of your copyright infringement claim in accordance with the procedure below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. To be effective, your notification must be in writing and contain the following information:

a statement that you have identified works which infringe your copyright, or the copyright of a third party on whose behalf you are entitled to act;

a description of the works that you claim is infringing or where it is located on the Services, with enough detail that we may verify its existence;

a description of the copyright works that you claim have been infringed;

your full name, address and telephone number and a valid email address on which you can be contacted;

a statement that you believe in good faith that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or otherwise authorised to act on behalf of the owner of, the copyright work that is allegedly infringed.

Please send the notice containing the above information by email to info@actve.com.

INTELLECTUAL PROPERTY

The Service and its features and functionality are and will remain the exclusive property of Actve Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of the United Kingdom. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Actve Ltd. You have the right to view, electronically copy, and print in hard copy portions of our website and application for the sole purpose of marking purchases, or other personal use.

MEDICAL DISCLAIMER

As part of our Services, you will have access to health, fitness and wellbeing information which are provided by third party trainers via other social Platforms and we take no responsibility for such content. We are not responsible or liable for any injuries or any damages sustained that result from your use of, or inability to use, the Service. The use of any information provided on our Services is solely at your own risk. Some of the activities and classes displayed on Actve may be physically demanding and you understand that it is your responsibility to consult with your doctor pilot to participating in the class to ensure that you are fit and well enough to undertake this activity and that it will not pose any unusual or serious risks to your health and well-being. 

In case of Actve Services related to nutrition, you are responsible for verifying that the foods and nutrients recommended do not contain any ingredients or contents to which you are allergic or which may cause food intolerance. Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our training and nutritional tips on the current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge.

The services and information offered by Actve and the Actve Services do not constitute medical advice or a doctor’s advice. Nor are they a substitute for a medical examination or treatment by a doctor.

LIMITATION OF LIABILITY

Nothing in these Terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.

We will not be liable to you 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, the site, or use of or reliance on any content displayed on the site.

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.

You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. If you are unsure what these charges will be, you should ask your mobile operator or internet service provider before you access and/or use our Services.

There may be times when our Services or any part of it is not available for maintenance or technical related reasons, whether on a scheduled or unscheduled basis.

COMMUNICATIONS

By creating an Account on the Service, you agree to subscribe to newsletters, marketing, promotional materials, and other information we may send. However, you may opt out of receiving any of these communications from us by following the unsubscribe link or instructions in any email we may send.

SEVERABLITY

The parties agree that each provision of these Terms shall be constructed as separable and divisible from every other provision and that the enforceability of any one provision shall not limit the enforceability, in whole or in part, of any other provision hereof.

GOVERNING LAW

These Terms shall be governed and constructed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

NON-WAIVER OF RIGHTS

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede any prior agreements we might have had regarding the Service.

ENTIRE AGREEMENT

These Terms are the entire agreement between you and Actve Ltd regarding your use of the Service.

HOW TO CONTACT US AND FURTHER INFORMATION 

If you have any feedback, questions or complaints or any requests for technical support, then please e-mail us at: info@actve.com.

We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.

The Services are operated by Actve Ltd (registered in the UK with company number: 12537851) located at: International House, 64 Nile Street, London, N1 7SR, United Kingdom.