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Terms & Conditions

This document waives the liability of Quality Mind & Body Fitness (“QMBF”).  QMBF includes; Suzanne Vesty, any subcontractors, coaches, and trainers of QMBF.  I wish to sign up for the training program or macro course which is being offered by QMBF (the “Service”)

 

  1. Our Agreement

    1. These Terms of Use ("Terms of Use"), along with terms specific to your Subscription provided to you at the time of signing up, set out the agreement for your access to and use of the QMBF Service (together, the "Agreement").

    2. You should read this Agreement carefully, before using the QMBF Service.

    3. Your use of the QMBF Service means that you accept and agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not use the QMBF Service.

  2. Interpretation

    1. In these Terms of Use:

      • "Compatible Devices" means certain computers and other devices with internet browsers that are compatible with the use of the QMBF Service.

      • "Content" means pre-recorded audio-visual exercise presentations and any other written materials or content available to view on the QMBF Service;

      • "Payment Method" means the way you pay for your subscription, for example, by credit card or Paypal.

  3. You are responsible for exercising within your limits.

    1. Consult your doctor before using the QMBF Service and follow his or her advice. Do not use the QMBF Service if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries. Read and follow all safety guidance provided as part of the QMBF Service. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately. Nothing on the QMBF Service constitutes medical or professional advice or care. We do not guarantee any exercise, health, weight loss, or fitness results or improvements to users of the QMBF Service. 

    2. You hereby agree that the equipment and/or the gym facilities that you use are fit for the intended use.

    3. You also agree that you understand the importance of using the correct form in exercises and fitness activities.

    4.  You understand that exercise as well as any fitness equipment have varying effects on individuals based upon their size, age, physical condition, and/or state of health.

    5. By engaging in online training, you are acknowledging that you are not being monitored by any fitness instructor/personal trainer/group fitness instructor and that there is no liability to QMBF if any injury is sustained.

    6. You are responsible for exercising within your limits and assume all risk of injury to your person or property resulting from your use of the QMBF Service.

    7. You agree to assume full responsibility for any injuries or damage which you incur while participating in our service. 

    8. You hereby agree that you will indemnify and hold harmless QMBF and its affiliates, officers, directors, agents and employees from and against any and all actions, costs, claims, losses, expenses and/or damages, including legal fees, that you might have now or in the future, for any personal injuries in your manner resulting from your participation in the Service.

  4. Your Subscription

    1. To access and view Content you will need to:

      1. register a QMBF Service account ("QMBF Account"); and

      2. purchase a QMBF Service subscription ("Subscription").

    2. To create a QMBF Account, buy a Subscription and use the QMBF Service, you must:

      • be aged 18 years (or the age of majority in your territory of residence if more than 18 years old) or above;

      • have internet access; and

      • provide us with a current, valid, Payment Method acceptable to us (as confirmed during the online sign-up process).

    3. Your Subscription, which may start with a free period of access, will automatically renew for a subsequent subscription period unless and until you or we cancel it in accordance with this Agreement.

    4. During your Subscription, we grant you a limited, non-exclusive, non-transferable, non-assignable license to access the QMBF Service to view content on a streaming-only basis. Except for this license, no right, title, or interest in the content or QMBF Service shall be transferred to you. You must not reproduce, perform, display, or exhibit the QMBF Service or the Content for any commercial purpose or in any public place.

  5. Young Adult Content

    1. The QMBF Service is not generally suitable for use by children under the age of 18.

    2. We may offer limited content that is suitable for children under the age of 18 (or the local or the age of majority in your territory of residence if more than 18 years old) ("Children's Content") on the QMBF Service. Such children's content will be expressly labeled as suitable for children.

    3. Individuals under the age of 18 (or the local or the age of majority in your territory of residence if more than 18 years old) may use the QMBF Service to watch Children's Content using their parent or legal guardian's QMBF Account only:

      • with the consent and supervision of the applicable parent or legal guardian; and

      • subject to the terms of this Agreement.

    4. You, if you are the parent or legal guardian of a child, are responsible for monitoring and supervising your child's use of the QMBF Service when viewing any Children's Content.

    5. If you are the parent or legal guardian of a child that is permitted to use the QMBF Service, you should consult with your child’s doctor before using the QMBF Service with your child and follow his or her advice. Do not allow your child to use the QMBF Service if your child has a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries. Read and follow all safety guidance provided as part of the QMBF Service. If at any time you feel your child is exercising beyond their current fitness abilities, or your child feels discomfort, pain, dizziness, or nausea, your child should discontinue exercising immediately. Nothing on the QMBF Service is intended to be medical or professional advice or care. We do not guarantee any exercise, health, weight loss or fitness results or improvements to users of the QMBF Service.

  6. Location and Device Restrictions

    1. The availability and quality of the QMBF Service and Content may vary from computer to computer, and device to device due to a variety of factors, such as your location, your carrier, the bandwidth available through and/or speed of your internet connection.

    2. If your Compatible Device or any other devices, hardware or equipment, supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer, rather than us, about the problem.

    3. You are responsible for all third-party services required to allow you to access the QMBF Services (including your internet service provider and your electricity service provider) and all obligations and charges you may owe (including but not limited to broadband or mobile data charges, and electricity charges). If there is a problem with a service provided for you by another supplier, you need to contact that supplier about the problem.

  7. Changes to the Service

    1. We may regularly make changes to any element of the QMBF Service or the Content. In particular, the availability of Content may change from time to time (for various reasons, such as when relevant rights-holders withdraw or restrict our right to use that Content on the QMBF Service). We, therefore, have the right to add or withdraw Content at any time, with or without notice. You acknowledge and agree that Content are variable and will change from time to time without notice.

    2. There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the QMBF Service. We may also update or upgrade the QMBF Service from time to time. If changes to any element of the QMBF Service are likely to materially adversely affect the QMBF Service, we will try to make sure that any changes will not adversely affect you during your current subscription period.

  8. Changes to this Agreement

    1. We may change the terms of this Agreement from time to time. The circumstances in which we may change the terms of this Agreement may include (without limitation), to comply with applicable laws, to provide you with additional information about the QMBF Service, where we need to make changes to the QMBF Service in order to improve it, or for safety or security reasons.

    2. If you continue to use the QMBF Service following any change to the terms of this Agreement, you agree that this constitutes your acceptance of the amended terms of this Agreement. The most up to date terms of this Agreement will always be available on the QMBF Service from the effective date of those updated terms of this Agreement.

  9. Differing Subscriptions and Activation Codes

    1. We may offer a number of subscription plans, including subscriptions with differing subscription periods, conditions and limitations. Any specific terms relating to a particular subscription plan will be notified to you via the QMBF Service before you sign up for a Subscription. These specific terms will take precedence over the terms set out in this Agreement, to the extent that a conflict arises.

    2. We may make available promotional subscriptions and offers ("Promotional Offers"). Please check the relevant terms and conditions, which apply to any Promotional Offer for full details. Promotional Offers may also be offered by third parties, including in conjunction with their own products and services. We are not responsible for the products and services provided by these third parties.

    3. From time to time, activation codes that grant you access to use the QMBF Service may be available from us. Activation codes may be redeemed and will grant you access to the QMBF Service, as further described in the specifics of the relevant Promotional Offer, or may allow you to enter an activation code during sign-up on the QMBF Service. Activation codes can only be used once cannot be redeemed for cash and may not be combined with other offers, including a free period of access, unless otherwise determined by us in our sole discretion. If you received an activation code through a Promotional Offer from a third party, additional conditions may apply.

  10. Free Period of Access

    1. Your Subscription may start with a free period of access. The duration of any free period of access will be specified during your online sign-up. For combinations with Promotional Offers, restrictions may apply, which will be confirmed in the terms accompanying any applicable offers. Free periods of access are for new subscribers to the QMBF Service only (one per subscriber) and are subject to availability.

    2. We will begin charging your Payment Method for subscription fees at the end of the free period of access of your Subscription, unless you cancel prior to the end of the free period of access. You can cancel your subscription during the free period of access by contacting us in writing via email to qualitymindandbodyfitness@gmail.com

  11. Subscription Fees

    1. By purchasing a Subscription and providing or designating a Payment Method, you authorize us to charge you the relevant fee at the then-current rate ("Subscription Fee") to your Payment Method. As used in these Terms of Use, "charge", "charging" etc., shall indicate either a charge, debit, or other payment clearance, as applicable, against your Payment Method.

    2. The Subscription Fee will be charged at the start of the paying portion of your Subscription, following any free period of access, and at the start of each subscription period thereafter, unless and until your subscription is canceled. For example, if you subscribe with an initial 10 day free period of access on 16 April, the paying portion of your subscription will begin on 26 April following your free period of access and you will be charged on 26 April for the applicable Subscription Fee.

    3. You must give written notice 14 days in advance to cancel your subscription.

    4. Unless required by law, there are no refunds or credits for partially used periods. However, following any cancellation, you will continue to have access to the QMBF Service through to the end of your current billing or subscription period.

    5. All charges shall be in the currency specified at the time you signed up for your Subscription.

    6. If payment is not successfully settled and you do not edit your Payment Method information or cancel your QMBF Account, we may suspend your access to the QMBF Service until we have obtained a valid payment method. When you update your Payment Method in your QMBF Account, you authorize us to charge the updated Payment Method for any uncollected amounts and your on-going Subscription Fee. This may result in a change to your payment dates or subscription period.

    7. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

  12. Price changes

    1. We may change the price of your Subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect. If you have purchased a Subscription via a third party, price changes will be subject to that third party's terms and conditions.

    2. If we notify you of a price change and you do not want to continue your Subscription at the new price, you can cancel your Subscription before the start of the next subscription period by following the steps in clause 9 (Cancellation and Termination) below. If you continue to use the QMBF Service after the start of your next subscription period, you consent to the price change, and you do not need to take any further steps.

    3. We will ensure that the price of your Subscription will not change until the start of your next subscription period. If a price change is going to come into effect during your current subscription period, you can cancel your Subscription before the price change comes into effect.

  13. Cancellation

    1. You may cancel your Subscription at any time, and you will continue to have access to the QMBF Service through to the end of your current subscription period.

    2. To cancel your Subscription, you must email us at qualitymindandbodyfitness@gmail.com to cancel your Subscription. Text messages, phone messages, or any other means other than email will not be accepted.

    3. If you cancel your Subscription, your QMBF Account will automatically close at the end of your current subscription period.

    4. To the extent permitted by applicable law, when you purchase a Subscription from us you agree:

      • we will provide you, unless otherwise stated, with access to the QMBF Service immediately; and

      • where we get your consent when you sign up, you waive any statutory right you may have to:

        1. change your mind about your Subscription; and

        2. receive a refund within any applicable cooling-off period.

  14. Ending your right to use the Service

    1. We may end your right to use all or any part of the QMBF Service or your Subscription immediately if we have a reasonable belief that you have breached this Agreement or if you are using the QMBF Service, the Content or your Subscription in any manner other than for its intended purpose, fraudulently or illegally. If what you have done can be put right we may give you a reasonable opportunity to do so.

    2. If we end your rights to use the QMBF Service or your Subscription you must stop all activities authorized by this Agreement, including your use of the QMBF Service or your Subscription.

    3. Your access to the QMBF Service may be conditional upon you having a valid membership to a participating fitness facility. In those situations, we reserve the right to immediately terminate your Subscription if you do not have or no longer have, a valid membership to a participating fitness facility. You will be made aware of this at the point of sign-up.

  15. Your obligations

    1. You must not, and must not allow third-parties, to:

      • attempt to copy, reproduce, publish, transmit, broadcast, archive, download (other than through caching necessary for personal use), distribute, modify, display, perform, license, transfer, exchange, translate, create derivative works from, offer for sale, or use (except as explicitly authorized in this Agreement) content and information contained on or obtained from or through the QMBF Service without express written permission from us;

      • use the QMBF Service for public performances including, without limitation, performance in or for any fitness facility;

      • use the Content (including, without limitation, the choreography or music contained therein) to teach or instruct any fitness class;

      • circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the QMBF Service;

      • use any robot, spider, scraper or other automated means to access the QMBF Service;

      • decompile, reverse engineer or disassemble any software or other products or processes accessible through the QMBF Service;

      • insert any code or product or manipulate the content of the QMBF Service in any way;

      • use any data mining, data gathering or extraction method;

      • infringe any third party's rights;

      • transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the QMBF Service. We may modify or delete any material that is considered defamatory, offensive or otherwise unlawful, or that infringes the rights of anyone else;

      • access, view and/or purchase the QMBF Service using a virtual proxy network;

      • register multiple times for a free period of access (which would constitute a breach of this Agreement); or

      • upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the QMBF Service, including any software viruses or any other computer code, files or programs.

    2. You agree to:

      • pay the Subscription Fees;

      • comply at all times with the terms of this Agreement;

      • use the QMBF Services for your own personal and non-commercial use, and not for any commercial or business purpose;

      • ensure all information you give us is correct at all times, and notify us immediately of any changes to your contact details;

      • follow the instructions and directions we provide about using the QMBF Service and only use the QMBF Service in accordance with all applicable laws, rules, and regulations;

      • be responsible and liable for any use by any other person (authorized or unauthorized) of the QMBF Services we provide to you, including, without limitation, any charges associated with that use and any consequences if an applicable person misuses the QMBF Services or breaches this Agreement or suffers any injury or damage to their property;

      • make sure everyone you are responsible for and who may use or do anything in relation to the QMBF Services also meets the responsibilities set out in this Agreement; and

      • be responsible for configuring your information technology, computer Content, and Compatible Devices in order to access our website, app and the QMBF Service. You should use your own virus protection software.

  16. Passwords & Account Access

    1. Your control over your QMBF Account is exercised through your login and password. To maintain exclusive control over your QMBF Account, you should not reveal your password to anyone. You are responsible for all access to and use of the QMBF Service through your QMBF Account. You agree to notify us immediately if you become aware of or suspect any unauthorized use of your password or username. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your QMBF Account.

    2. In order to provide you with ease of access to your QMBF Account and to help administer the QMBF Service, we may implement technology that enables us to recognize you and provide you with direct access to your QMBF Account without requiring you to retype any password or other user identification when you revisit the QMBF Service, which includes access via Compatible Devices or our website.

    3. We reserve the right to place any QMBF Account on hold anytime, with or without notification to the subscriber, in order to protect ourselves and our partners from what we reasonably believe to be a fraudulent activity (once a hold has been put in place, we will notify you as soon as possible). Any hold placed on a QMBF Account will not last any longer than 10 working days, after which we will either terminate this Agreement, or re-open your QMBF Account. We are not obligated to credit or discount a Subscription for holds placed on a QMBF Account in circumstances where your act or omission constitutes fraudulent activity on your QMBF Account or you are in breach of your obligations under this Agreement.

  17. Intellectual Property

    1. You have no intellectual property rights in or to the QMBF Service or any Content, other than the right to use them in accordance with this Agreement.

    2. You may not remove, alter, or in any way tamper with any proprietary markings included in the QMBF Service or any Content. Any copying, access, transfer, public performance or communication to the public or other use of the QMBF Service or any Content other than as expressly authorized by applicable law or this Agreement shall constitute an infringement of applicable intellectual property rights and a breach of this Agreement. In the event of applicable infringement, we may, without notice or prior intervention of a court or arbitral body, block your access to the QMBF Service and terminate any Subscription you may have and pursue any rights or remedies available to us.

    3. The Content contains a selection of licensed original recordings.

    4. All of our service marks and logos and our products and services described in our websites may not be copied, imitated or used, in whole or in part, without our prior written permission. For the avoidance of doubt, you may not use any of our service marks in any domain names or in any account name or user ID for any social media site or blog. All page headers, custom graphics, button icons, and scripts may not be copied, imitated, or used, in whole or in part, without our prior written permission.

    5. We respect the intellectual property of others. If you believe that your work has been copied and has been used on the QMBF Service in a way that constitutes copyright infringement, please notify us immediately, (Qualitymindandbodyfitness@gmail.com), and provide the following information:

      • A description of the copyrighted work that you claim has been infringed;

      • A description of the location in the QMBF Service of the material that you claim has been infringed;

      • Your address, telephone number, and e-mail address;

      • Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

      • Your statement that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

      • Your physical or electronic signature.

  18. Privacy

    1. Any personal information you supply to us or that we collect from you when using the QMBF Service will be used by us in the ways set out in our Privacy Policy.

  19. Our liability to you

    1. We are not responsible for:

      • any use of the QMBF Service which isn't authorized by us;

      • any malfunction of or interruption to the QMBF Service due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;

      • errors, viruses or bugs present in or arising from your use of the QMBF Service;

      • incompatibility of the QMBF Service with any other software or hardware (including any of your devices); and

      • any act or default of any third-party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.

    2. WE CANNOT GUARANTEE THAT THE QMBF SERVICE WILL BE FREE FROM BUGS OR ERRORS OR THAT YOUR ACCESS WILL BE FREE FROM INTERRUPTIONS (FOR EXAMPLE THERE MAY BE DOWNTIME FOR MAINTENANCE OR UPDATES OR ANY POWER OR SERVER OUTAGES OR OTHER REASONS OUTSIDE OUR CONTROL), HOWEVER WHERE WE ARE MADE AWARE OF TECHNICAL ISSUES THEN WE WILL ALWAYS TRY TO FIX THEM.

    3. PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE QMBF SERVICE, OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION, YOUR FAILURE TO DOWNLOAD THE MOST RECENT PUBLISHED VERSION OF THEQMBF SERVICE OR MEET THE COMPATIBILITY REQUIREMENTS OR THE CONSEQUENCES OF YOU CHANGING YOUR EQUIPMENT, DEVICE, OPERATING SYSTEM OR INTERNET CONNECTION.

  20. Severability

    • If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If a modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

  21. Transfer of rights

    • The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under this Agreement to any company, firm, or person provided that your subscription will not be adversely affected as a result of this type of transfer. You may not transfer your rights or obligations under this Agreement to anyone else.

  22. Notices

    • We will send you information relating to your account and your subscription (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, content and feature updates, and other service or transactional messages) by email to the email address provided during sign up. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that applicable communications be in writing.

  23. Complaints

    1. For any complaints or feedback on QMBF and its service, please email  qualitymindandbodyfitness@gmail.com.​

  24. Contacting us

    1. You can contact us by writing to us at qualitymindandbodyfitness@gmail.com