Terms & Conditions For Clubpass, Train On Demand, And Training Camp Apps
Last updated 29/09/2020
Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and UBX Global Limited, doing business as UBX, located at Queensland House, 393 Strand, London WC2R 0LT, United Kingdom (12RND. UBX, 12RND Fitness, UBX Training, We, Us), concerning your access to and use of the following applications:
- The Training Camp
- TRAIN: On Demand
You agree that by accessing the applications/services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the applications/services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
The supplemental policies set out below, as well as any supplemental terms and condition or documents that may be posted on this Site from time to time, are expressly incorporated by reference.
We may make changes to these Terms and Conditions at any time. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the applications/services represents that you have accepted such changes.
We may update or change the applications/services from time to time to reflect changes to our products, our users' needs and/or our business priorities.
The applications/services are intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the applications/services or use the Services without parental permission.
Additional policies which also apply to your use of the applications/services include:
- Our Privacy/GDPR Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the applications/services, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use policy, which sets out the permitted uses and prohibited uses of the applications/services. When using the applications/services, you must comply with this Acceptable Use Policy.
- If you purchase services, software, and/or content from any of our applications/services, our Terms of Supply & Payment will apply to the sales, use, and licence.
- Certain parts of our applications/services can be used only on payment of a fee. If you wish to use such Services, you will, in addition to our Terms and Conditions, also be subject to our Terms of Supply & Payment.
Our full Acceptable Use policy, sets out all the permitted uses and prohibited uses of our sites, applications, and services.
You may not access or use the applications/services for any purpose other than that for which we make the site and our services available. The applications/services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of our applications/services, you agree not to:
- Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
- Make any unauthorized use of our applications/services and sites, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
- Use any of our sites, applications or services to advertise or sell goods and services
- Circumvent, disable, or otherwise interfere with security-related features of the applications/services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
- Engage in unauthorized framing of or linking to our applications/services
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
- Make improper use of our support services, or submit false reports of abuse or misconduct
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
- Interfere with, disrupt, or create an undue burden on our sites, API's, and the networks and services connected to our Sites and Applications
- Attempt to impersonate another user or person, or use the username of another user
- Sell or otherwise transfer your profile (Clubpass account)
- Use any information obtained from our Sites, Applications and Services in order to harass, abuse, or harm another person
- Use the applications/services or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Applications
- Attempt to access any portions of our Site/Applications/Services that you are restricted from accessing
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
- Delete the copyright or other proprietary rights notice from any of the content
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the applications/services, or any material that acts as a passive or active information collection or transmission mechanism
- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or our applications and services
- Use the our applications/services in a manner inconsistent with any applicable laws or regulations
- Misrepresent experience, skills, or information about a User
- Threaten users with negative feedback or offering services solely to give positive feedback to users
- Advertise products or services not intended by us
- Falsely imply a relationship with us or another company with whom you do not have a relationship
Information you provide to us
You represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete and relate to you and not a third party;
- You will maintain the accuracy of such information and promptly update such information as necessary;
- You will keep your password confidential and will be responsible for all use of your password and account;
- You have the legal capacity and you agree to comply with these Terms and Conditions;
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the applications/services.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at email@example.com.
If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
As part of the functionality of the our Applications, and "Clubpass", you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either:
- Providing your Third Party Account login information through the Site;
- Allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any Third Party Accounts, you understand that:
- We may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "Network Content") so that it is available on and through the Site via your account, including without limitation your name, personal details, location, and other key information required to complete your Clubpass profile;
- we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on our Sites, Applications, and Services. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Network Content may no longer be available on and through our Applications, Sites, and Services.
Content you provide to us
There may be opportunities for you to post content to our applications/services or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on our applications/services and Sites, and that they may be able to see who has posted that User Content.
You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.
In posting User Content, including reviews or making contact with other users on our applications/services, and Sites you shall comply with our Acceptable Use policy.
You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
We have the right to remove any User Content you put on our applications/services and sites if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the our applications/services do not represent our views or values.
If you wish to complain about User Content uploaded by other users please contact us at firstname.lastname@example.org.
Unless otherwise indicated, our Site, Applications and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
Except as expressly provided in these Terms and Conditions, no part of our Sites, Applications, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the our applications/services, you are granted a limited licence to access and use the applications/services and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
You shall not:
- Try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the applications/services;
- Make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
- Prepare the applications/services and Our Content with reasonable skill and care;
- Use industry standard measures against the uploading of content to the Site that contains viruses or malware as part of our service.
The content on our applications/services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of our applications/services.
Although we make reasonable efforts to update the information on within our applications/services, we make no representations, warranties or guarantees, whether express or implied, that Our Content is accurate, complete or up to date.
Link to third party content
Our applications may contain links to other websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.
We reserve the right at our sole discretion, to:
- Monitor our Applications for breaches of these Terms and Conditions;
- Take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions;
- Refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions;
- Remove from our Site, Applications and Services or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems;
- Otherwise manage the our Applications in a manner designed to protect our rights and property and to facilitate the proper functioning of the applications/services.
We do not guarantee that our applications/services will be secure or free from bugs or any malicious content, however as expressed in 'Our Content', we will take due care to ensure that our Applications are prepared reasonable skill and care.
You are responsible for configuring your information technology, computer programs and platform to access our applications/services.
Modifications to and availability of our Applications
We reserve the right to change, modify, or remove the contents of our applications/services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
We cannot guarantee the applications/services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the applications/services during any downtime or discontinuance of the applications/services. We are not obliged to maintain and support the applications/services or to supply any corrections, updates, or releases.
There may be information on our applications/services that contains typographical errors, inaccuracies, or omissions that may relate to the applications/services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
Disclaimer/Limitation of Liability
Our Applications and Services are provided on an as-is and as-available basis. You agree that your use of the applications/services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of our applications/services content and are not liable for any:
- Errors or omissions in content;
- Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our servers;
- Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our servers;
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.
We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- If we fail to comply with these Terms and Conditions, we will not be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, additionally we will not be responsible for any loss or damage that were not foreseeable at the time you started using the applications/services.
If you are a consumer user:
- Please note that we only provide our applications/services for domestic and private use. You agree not to use our applications/services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
Term and Termination
These Terms and Conditions shall remain in full force and effect while you use our applications/services or are otherwise a user of our Sites, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at email@example.com.
Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our applications/services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the applications/services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
The term 'account' may represent any standalone user accounts you create in our platform, or your unified Clubpass account.
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use our applications/services on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
For consumers only: If you are a customer in the European Union, you have certain rights to decompile the Software if:
- This is necessary to obtain the information that you need to make the software interoperable with other software
- We have not made that information available to you.
Before reverse engineering or decompiling any of our software, you must first write to us and ask us to provide you with the interoperability information that you need. Please provide us with full details of your requirements so that we can assess what information you need. We may impose reasonable conditions on providing you with interoperability information. You must use that information only for the purpose of making the software interoperable with other software. You must not use that information for any other purpose.
The following terms apply when you use a application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
- The licence granted to you for our applications are limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
- We are responsible for providing any maintenance and support services with respect to the application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the application;
- In the event of any failure of the application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies. An App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
- You represent and warrant that:
- 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;
- You are not listed on any U.S. government list of prohibited or restricted parties;
- You must comply with applicable third party terms of agreement when using our applications, e.g. agreements provided by your telco/data provider, etc.
- You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
By Visiting our sites, using our applications/services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Sites and applications/services , satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via our applications/services, and Sites.You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
These Terms and Conditions and any policies or operating rules posted by us on both our websites, and applications or in respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of our applications/services.
For consumers only: - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that 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 have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr.
Except as stated under the iOS/Android Applications section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at firstname.lastname@example.org or by post to:
UBX GLOBAL LIMITED
Queensland House, 393 Strand
London WC2R 0LT