Terms And Conditions

BACKGROUND:

These Terms & Conditions, along with any other papers linked to herein, describe the terms under which you may use our website, www.votaprovenzano.org (“Our Site”). Please read and comprehend these Terms & Conditions thoroughly. Upon your initial use of Our Site, you are assumed to have accepted and agreed to be legally bound and Conditions. If you do not agree to abide by and be governed by these Terms & Conditions, you must immediately cease using Our Site.

Definitions and Explanation

Unless the context otherwise dictates, the following terms have the following meanings in these Terms and Conditions:

“Content” refers to all text, pictures, music, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on Our Site or is a component thereof;

“System” refers to any online communications tool that We currently or in the future make available on Our Site. This may contain contact forms, email, and live chat, among others; and

Top Local Trainer Ltd., a limited liability company formed in England under company number: 213213213, is referred to as “We/Us/Our.”

Colcot Road, Barry Vale of Glamorgan, CF62 8UJ is the address of the organization’s registered office.

Information Regarding Us

Our Site is owned and administered by Top Local Trainer Ltd, a limited liability company incorporated in England with company number 132131232.

Colcot Road, Barry, Vale of Glamorgan, CF62 8UU is the address where the business is formally registered.

Accessibility to Our Site

3.1 Our website is accessible without charge.

3.2 You are responsible for making all required arrangements to get access to Our Site.

3.3 Access to Our Site is made available “as is” and “as available.” Our Site (or any portion of it) may be modified, suspended, or discontinued at any time and without notice. We are not responsible in any manner if Our Site (or any portion of it) is inaccessible at any time or for any length of time.

Protection of Intellectual Property

4.1 Unless expressly labelled otherwise, all Content provided on Our Site and all copyright and other intellectual property rights subsisting in that Content belong to Us or have been licenced by Us. All Content is safeguarded by United Kingdom and international intellectual property laws and conventions.

4.2 Except as permitted by sub-Clauses 4.3 and 4.6, you may not copy, duplicate, distribute, sell, rent, sub-license, store, or otherwise re-use Content from Our Site unless we grant you specific written permission to do so.

4.3 You may:

4.3.1 Access, view, and utilise Our Site using a web browser (including any web-browsing functionality incorporated into other types of software or apps);

4.3.2 Download Our Site (or any portion thereof) for caching purposes;

4.3.3 Print a single copy of any page on Our Website;

4.3.4 Download portions of pages from Our Website; and

4.3.5 Save pages from Our Site for viewing later or offline.

4.4 Our position as the owner and creator of the Content on Our Site must always be recognised (as well as that of any relevant licensors).

4.5 You may not use any Content downloaded or stored from Our Site for business reasons without obtaining a licence from Us (or our licensors, as applicable). This does not preclude business users or consumers from accessing, viewing, or using Our Site for general information reasons.

4.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988, “Acts Permitted in Relation to Copyright Works,” including in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quote, and news reporting; caricature, sendup, or pastiche; and the incidental inclusion of copyright mate­rial.

Links to Our Web Site

5.1 You are permitted to link to Our Site provided:

5.1.1 You act in a just and lawful manner;

5.1.2 You may not imply any type of affiliation, endorsement, or approval on Our behalf when none exists.

5.1.3 You may not use any trademarks or logos shown on Our Site without Our clear written authorization; and

5.1.4 You do not act in such a way as to intentionally harm Our reputation or take undue advantage of it.

5.2 You are permitted to link to any page on Our Site.

5.3 Framing or embedding Our Site on other websites is prohibited absent Our clear written consent.

5.4 You are not permitted to link to Our Site from any other website whose content contains:

5.4.1 contains sexual content;

5.4.2 is profane, intentionally insulting, hateful, or otherwise inciting;

5.4.3 fosters violence;

5.4.4 encourages or aids any type of illegal action;

5.4.5 discriminates against or defames any individual, group, or class of individuals based on race, sex, religion, nationality, handicap, sexual orientation, or age;

5.4.6 is designed to threaten, harass, irritate, frighten, inconvenience, upset, or embarrass another individual;

5.4.7 is calculated or is likely to deceive another individual in another way;

5.4.8 is intended or otherwise likely to violate (or threaten to violate) the privacy of another person;

5.4.9 falsely impersonates a person or otherwise mischaracterizes the identity or affiliation of a particular person with the intent to deceive (obvious parodies are not covered in this definition as long as they do not fall under the other requirements of this subclause 5.4);

5.4.10 suggests a relationship with Us when none exists;

5.4.11 violates or aids in the violation of the intellectual property rights (including copyright, trademark, and database rights) of any other party; or

5.4.12 is created in violation of any legal responsibility due to a third party, including contractual responsibilities and duties of confidentiality.

5.5 The content limits of subclause 5.4 do not apply to user-submitted content if the principal purpose of the site complies with the provisions of subclause 5.4. You are not forbidden from publishing links on general-purpose social networking sites, for instance, just because another user may post similar information. You may not, however, publish links to websites that feature or promote the submission of such content by users.

Links to Other Web Pages

Our site may include links to other sites. Unless clearly specified, We do not control these websites. For the content of 3rd websites, we neither claim nor accept responsibility or obligation. The inclusion of a link to some other site on Our Site is for informational purposes only and does not constitute an endorsement of the linked sites or their operators.

Utilization of Our System

7.1 You may use Our System to contact Us at any time. Please observe the following prohibitions:

7.1.1 Communicate in an indecent, intentionally insulting, hateful, or otherwise incendiary manner;

7.1.2 provide content that encourages violence;

7.1.3 transmit information that encourages or facilitates any illegal action;

7.1.4 Submit information that differentiates against or is defamatory of any individual, group, or class of individuals based on race, sex, religion, nationality, handicap, sexual orientation, or age;

7.1.5 Submit information with the intent or likelihood of threatening, harassing, annoying, alarming, inconveniencing, upsetting, or embarrassing another individual;

7.1.6 Submit information that is calculated or otherwise likely to be misleading;

7.1.7 Submit information with the intent or likelihood of violating (or threatening to violate) the privacy of a third party;

7.1.8 Falsely assume the identification of another individual or otherwise misrepresent your identity or connection with the intent to deceive;

7.1.9 falsely indicate any type of association with Us;

7.1.10 violate or aid in violating the intellectual property rights (including, but not limited to, copyright, trademark, and database rights) of any third party; or

7.1.11 Submit information in violation of any legal obligation due to a third party, including contractual responsibilities and duties of confidentiality.

7.2 We reserve the right to monitor any and all conversations using Our System.

7.3 Any information you transmit to Us via Our System may be amended by Us, and by giving such information to Us, you forfeit your moral right to be recognised as the creator of that information.

7.4 Any personal information supplied to Us, whether through Our System or elsewhere (including, but not limited to, your name and contact information) will be collected, processed, and stored in accordance with your rights and Our duties under the Data Protection Act 1998, as set forth in Clause 13.

Disclosures

8.1 No portion of Our Site can be construed as advice upon which you should depend. It is supplied solely for informational reasons. Before taking any action relating to personal training and health and fitness, one should always consult a professional or specialist.

8.2 We make no assurance, warranty, or guarantee, to the extent permissible by law, that Our Site will satisfy your expectations, will not infringe the rights of third parties, will be compatible with all software and hardware, or will be secure.

8.3 We make reasonable steps to guarantee the completeness, accuracy, and currency of the Content on Our Site. We make no representations, warranties, or guarantees (express or implied) regarding the Content’s completeness, accuracy, or currency.

8.4 No portion of Our Site is intended to represent an offer that can be accepted. No goods or services are sold on Our Site, and all product and service information given on Our Site is for informational purposes only.

8.5 We make reasonable measures to guarantee that all price information shown on Our Site is accurate at the time it is published online. We have the right to alter pricing at any time and to add or remove limited-time offers and promotions at our discretion.

8.6 Although every effort has been taken to ensure that all illustrations and descriptions of products and services offered from Us match to the real products and services available, there may be slight discrepancies or inaccuracies. In case of discrepancies, please contact us at

[email protected]

8.7 We make no representation, warranty, or guarantee that the products and services displayed on Our Site will be offered by Us. If you like to inquire about the availability of any items or services, please contact Us.

Our Liability

9.1 We accept no liability to any user, to the fullest extent permitted by law, for any loss or damage, whether probable or otherwise, in contract, tort (including recklessness), for breach of the contract, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance on any Content included on Our Site.

9.2 We exclude, to the maximum extent permitted by law, any representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content on Our Site.

9.3 Our Site is meant for for personal, non-commercial use. We accept no duty for loss of profits, sales, business, or revenue; loss of business potential, goodwill, or reputation; loss of expected savings; disruption of business; or any indirect or consequential loss or damage if you are a business user.

9.4 We make every effort to guarantee that Our Site is free of viruses and other malware. We are not liable for any loss or damage resulting from a computer virus or other spyware, a distributed denial of service, or any other harmful material or event that may adversely affect your devices, software, data, or other components as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

9.5 We neither assume nor accept responsibility or liability for any disruption or non-availability of Our Site caused by external causes, including, but not limited to, ISP equipment malfunction, host equipment failure, communication system failure, natural events, acts of war, or legal restrictions and censorship.

9.6 Nothing in these Terms and Conditions excludes or limits Our responsibility for fraud or fraudulent misrepresentation, for death or bodily injury caused by negligence, or for any other types of liability that cannot be excluded or limited by law. Contact your local Citizens Advice Bureau or Trading Standards Office for comprehensive information on consumer rights, particularly those pertaining to digital material.

Malware, Viruses, and Security

10.1 We make every effort to guarantee that Our Site is safe and free of viruses and other malicious software.

You are responsible for safeguarding your hardware, software, data, and other content from malware, viruses, and other internet security threats.

10.3 You may not intentionally introduce viruses, other malware, or other malicious or technologically damaging content to or through Our Site.

10.4 You are prohibited from attempting to gain unauthorised access to any portion of Our Site, the server on which Our Site is housed, or any other server, computer, or database connected to Our Site.

You may not attack Our Website via a denial of service or distributed denial of service attack, or any other method.

10.6 Violating the restrictions of paragraphs 10.3 to 10.5 may constitute a criminal offence under the Computer Misuse Act of 1990. All such violations will be reported to the appropriate law enforcement authorities, and we will fully comply with these agencies by providing your identify to them. Your permission to use Our Site shall terminate immediately upon such a violation.

Policy on Acceptable Use

11.1 You may only use Our Site for legitimate purposes. Specifically:

11.1.1 You shall comply with all applicable local, national, and international laws and/or regulations;

11.1.2 You may not use Our Site in any manner or for any illegal or fraudulent purpose;

11.1.3 You may not use Our Site to email, upload, or otherwise transfer data containing any kind of computer virus or other malware, or any other code designed to harm computer hardware, software, or data in any manner; and

11.1.4 You may not use Our Site in any manner or for any purpose intended to cause harm to any person or individuals.

11.2 We retain the right to suspend or terminate your access to Our Site if you violate this Clause 11 or any other provision of these Terms and Conditions in a substantial way. We may take one or more of the following specific actions:

11.2.1 terminate, temporarily or permanently, your access privileges to Our Site;

11.2.2 send you a warning in writing;

11.2.3 bring legal action against you for repayment of any relevant expenses incurred on an indemnity basis as a result of your violation;

11.2.4 take additional legal action against you as necessary;

11.2.5 provide such information to law enforcement agencies where requested or when We think it reasonable to do so; and/or

11.2.6 any additional steps that We judge to be reasonable (and lawful).

11.3 We thus disclaim all liability arising from any actions (including, but not limited to, those listed above) that We may take in response to violations of these Terms and Conditions.

Security and Cookies

Our Cookie and Privacy Policies govern the use of Our Site as well. These policies are incorporated by reference into these Terms and Conditions.

Data Security

13.1 We will collect, use, and store your personal information (including, but not limited to, your name and contact information) in accordance with the Data Protection Act 1998 and the General Data Protection Regulation (EU Regulation 2016/679) (“GDPR”), as well as your rights and Our obligations under these Acts.

13.2 We may use your personal information for the following purposes:

13.2.1 Respond to any correspondence you provide to Us;

13.2.2 Send you vital alerts as specified in Clause 14;

13.3 Please refer to our Privacy Policy for further details on GDPR.

Information from Us

14.1 If we have your email address, we may occasionally send you crucial information through email. Notifications may include, but are not limited to, service changes and modifications to these Terms and Conditions.

14.2 We will never send you marketing emails without your explicit permission. If you do provide consent, you may withdraw it at any time. All marketing emails sent by Us have a link to unsubscribe. If you opt out of getting emails from Us at any time, your updated choices may take up to seven business days to take effect.

14.3 For inquiries or complaints regarding communications from Us (including, but not limited to, marketing emails), please contact Us at the following address:

[email protected]

Modifications to the terms and conditions

15.1 We reserve the right to modify these terms at any moment. Any such modifications will become effective upon your first usage of Our Site following their implementation. You are consequently urged to periodically check this page.

15.2 In the case of any inconsistency between the current version of these Terms and Conditions and any prior version(s), the current and effective terms shall govern, unless otherwise clearly specified.

How to Contact Us

To reach Us, please utilise Our System or send an email to:

You can reach us at [email protected] or any of the options listed on our contact page.

Legality and Authority

17.1 These Contract terms, as well as the connection between you and Us (whether commercial or otherwise), shall be governed by and interpreted in accordance with English and Welsh law.

17.2 As a consumer, you are protected by any required provisions of the legislation in your home country. Nothing in Subsection 17.1 affects or eliminates your consumer rights to depend on these provisions.

17.3 If you are a consumer, any dispute, controversy, proceedings, or claim arising out of or relating to these Terms & Conditions or the connection between you and Us (whether contract law or otherwise) shall be subject to the exclusive jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, depending on where you reside.

17.4 If you are a company, any disputes relating to these Terms and Conditions, the connection between you and Us, or any matters arising thereon or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the English and Welsh courts.