ACCEPTANCE OF TERMS OF USE
By accessing, browsing, and/or using the Site and/or any facility operated by RAW Fitness, you accept and agree to be bound to these terms. In addition, when using particular RAW Fitness services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.
Package holders receive the number of classes commensurate with the package purchased. Such classes may be redeemed at any studio operated by RAW Fitness until such time that the Package is exhausted whether through consumption or expiry.
Package holders may transfer or gift classes to third parties, including to other RAW Fitness users, this makes no guarantee on the availability of classes as access to classes is on a space-available basis.
Your Package starts on the date that you attend the first class. Packages contain between one and 20 classes. If unused they will expiry in three months, with exception to the 20 classes within 30 days for £60 expiry dates are as stated on the buy page.
Payment Methods.
You may edit your Payment Method information by logging into your RAW Fitness account and updating accordingly.
RAW Fitness may also in its sole discretion and at any time discontinue providing access to the Site and/or Club, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof and/or Club may be effected without prior notice, and you agree that RAW Fitness will not be liable to you or any third party for any such termination, provided that, if RAW Fitness terminates your account other than due to breach by you of these Terms, RAW Fitness shall refund a pro-rata proportion of the fee paid for the Package in which such termination takes effect.
RAW Fitness does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringes. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site and/or Club may be referred to appropriate law enforcement bodies. These remedies are in addition to any other remedies that RAW Fitness may have at law.
ELIGIBILITY;
REGISTRATION INFORMATION
AND PASSWORD; SITE ACCESS
The site is not intended for use by persons outside the United Kingdom or to any users suspended or removed from the site by RAW Fitness. By using the site, you represent that you are a United Kingdon Resident who has not been previously suspended or removed from the site.
Applicable only to corporate accounts authorized by us:
If you are using or opening an account on the Site on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms.
You agree that the information you provide to RAW Fitness on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
PRIVACY
Your privacy is important to RAW Fitness. The RAW Fitness Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to RAW Fitness’s collection, use, and disclosure of your personal information.
PROHIBITED CLUB CONDUCT
By using the Site, you promise to:
Respect our facility
Respect our procedures
Respect our teams
Respect our customers
Respect our product
PROHIBITED SITE CONDUCT
By using the Site, you promise not to:
Harass, threaten, or defraud Site users;
Make unsolicited offers, advertisements, proposals, or send junk mail to users;
Impersonate another person or access another user’s account without that person’s permission;
Share RAW Fitness-issued passwords with any third party or encourage any other user to do so;
Permit third parties to use any classes booked under your 1R Pass, including other 1R Pass holders;
Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
Upload material (e.g., virus) that is damaging to computer systems or data of RAW Fitness or users of the Site;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
PROHIBITED SITE USES
Those who choose to access the Site do so at their own initiative and are responsible for compliance with all applicable laws.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site.
You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You much be 18 years of age or older to use this Site or to purchase a package. Under 18s may use our facility with a parent/guardian.
USER SUBMISSIONS
General.
The Site provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by RAW Fitness.
RAW Fitness cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not RAW Fitness, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
Right to Remove or Edit User Submissions.
RAW Fitness makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice.
License Grant by You to RAW Fitness.
You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to RAW Fitness, you hereby grant RAW Fitness and its affiliates, sub-licensees, partners, designees, and assignees of the Site (collectively, the “RAW Fitness Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and RAW Fitness’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
User Submissions Representations and Warranties.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that:
(1) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize RAW Fitness to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by RAW Fitness and these Terms, and to grant the rights and license set forth above, and
(2) your User Submissions, RAW Fitness’s or any RAW Fitness Licensee’s use of such User Submissions pursuant to these Terms, and RAW Fitness’s or any of RAW Fitness Licensee’s exercise of the license rights set forth above, do not and will not:
(a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(b) cause injury to any other person;
(c) violate these Terms or any applicable law or regulation; or
(d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
RAW Fitness may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that RAW Fitness determines in its sole discretion to be violative of the standards of this Site. RAW Fitness takes no responsibility and assumes no liability for any User Submissions.
Inaccurate or Offensive User Submissions.
You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that RAW Fitness does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You acknowledge and agree, to the fullest extent permitted by applicable law, that neither RAW Fitness (nor any member of the RAW Fitness group of companies (and any subsidiary of such entity)), has any liaibility to you in respect of any such user submissions.
Feedback. If you provide RAW Fitness with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), RAW Fitness shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant RAW Fitness a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
ADDITIONAL TERMS
When using the Site and/or the Club, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the “FAQs”). All such FAQs are hereby incorporated by reference into these Terms.
OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by the RAW Fitness Limited.
The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by RAW Fitness (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of RAW Fitness or its subsidiaries or affiliated companies and/or third-party licensors.
All trademarks, service marks, and trade names used by us on the Site are proprietary to RAW Fitness or its affiliates and/or third-party licensors. Except as expressly authorized by RAW Fitness, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Site may include links to other web sites or services (“Linked Sites”) solely as a convenience to users. RAW Fitness does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, RAW Fitness makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
WAIVER
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same.
A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
LIMITATION OF LIABILITY AND DAMAGES
Nothing in these terms (including but not limited to the “disclaimers” above and limitations of liability below) is intended to exclude or limit any liability that we may have to you by operation of applicable law. This includes liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. It is acknowledged however, that we accept no liability for the negligence of third parties.
Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Under no circumstances, including, but not limited to, negligence, will RAW Fitness or its affiliates, contractors, employees, agents, or third party partners, or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages arise fromor related to the use of the club and/or the site, including those that result from the use or te inability to use the facilities in the club ir the materials on the site, or any other interactions with RAW Fitness, even if RAW Fitness or a RAW Fitness authorized representative has been advised of the possibility of such damages.
Applicable law may not allow limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, RAW Fitness’s liability will be limited to the fulles extent permitted by applicable law.
DISPUTE RESOLUTION
General.
Generally, if a dispute arises between RAW Fitness and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and RAW Fitness agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law; Forum.
These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against RAW Fitness must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.
MISCELLANEOUS
Severability.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement.
This (including the documents referred to herein), is the entire agreement between you and RAW Fitness relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by RAW Fitness as set forth in the Preamble to these Terms.
Disclosures.
The services hereunder are offered by RAW Fitness Limited, a limited liability company incorporated and registered in England and Wales with company number