TERMS & CONDITIONS
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. WE RECOMMEND YOU PRINT A COPY FOR FUTURE REFERENCE.
1. ABOUT THESE CONDITIONS
These are the terms and conditions, which apply to your use of this Website and the purchase of Goods and Services from us. By accessing and using this Website, you acknowledge that you have read and agree to these Conditions. If you do not agree to these Conditions, you must not use this Website.
This Website and the Goods and Services displayed on it are provided by Velocity Live (including Revolution Holdings AG, Velocity AG, Velocity Zürich AG, Velocity Zug AG and its subsidiaries), collectively referred to in these Conditions as “we”, “us” and “our”. Further information about us is set out at Clause 14. When we refer to “you” and “your” we mean the user of this Website, purchaser of Goods or user of our Services.
You should read these Conditions carefully before using this Website or purchasing any Goods or Services from us.
We reserve the right to change these Conditions at any time. Any changes to the Conditions will be effective after the change is published on this Website. You should check these Conditions before each order or booking as they may have changed since your last visit.
If you have any questions about the Conditions, the Services or this Website, please contact us using the contact details in the “Contact Us” section of this Website.
When the following words with capital letters are used in these Conditions, they shall have the following meaning:
a. “Workout” any exercise workout provided by us on this website as part of the Services;
b. “Conditions” the terms and conditions as set out in this document and as amended from time to time in accordance with Condition 2.iv;
c. “Subscriptions” purchased via our Website and used to access Workouts;
d. “Goods” any Goods offered for sale from this Website;
e. “Services” services available to you via this Website, including the Workouts
f. “Website” HTTP://VELOCITY-LIVE.COM...
You are entitled to use the Website provided that we may at any time without notice withdraw all or part of its services for any period or periods and with notice, where practicable, in connection with any repair, alteration or maintenance work or for reasons beyond the control of the company.
We reserve the right to refuse you access to the Website and suspend or terminate your use of our Services if in our reasonable opinion your conduct is damaging to our reputation, is in breach of these Conditions or would otherwise not be in the interests of other users of our Website or participants in our workouts. Following such suspension or termination any privileges shall be forfeited and you shall not be entitled to any refund.
3. FITNESS AND HEALTH
Fitness workouts involve intensive exercise. You agree to familiarize yourself with what the workouts involve prior to assessing whether you are fit to participate in a Workout. You should refer to our Website or speak to a contact person for further information.
By agreeing to these terms and conditions you confirm that (a) you have no health problems;(b) on each occasion that you use our Website, you are in an appropriate physical condition to participate in workouts;(c) you know of no medical or other condition that would render you incapable of engaging in the workouts or exercises provided by us; and (d) such workouts or exercises would not be detrimental to your health, safety or physical condition.
You are advised not to undertake any physical activities without first seeking medical advice to ask if they have concerns over your physical condition.
You should not use our Website if you are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to your health or safety, comfort or physical condition. If there is any doubt, you should consult your doctor and must notify us of any circumstances affecting your health, which may be exacerbated through continued use of our Workouts.
You agree to follow the instructions of the coach at all times.
4. CREDITS AND BOOKING WORKOUTS
To join a Workout, your account must include at least a Subscription. One Subscription entitles you to attend all of our On Demand Workouts.
We make every effort to ensure that there are a suitable number of new Workouts available on the Website. However, new workouts are subject to availability and we do not guarantee that a certain number of Workouts will be available in a specific period.
You may cancel your subscription at any time. You can cancel by signing into your account on our Website. Once you cancel, you will not be charged for the next billing period. There is no claim to a refund or partial refund for the billing period in which you cancelled.
Price details for Subscriptions are available on our Website, and shall be priced as determined by us from time to time.
Subscriptions are not transferable to any other person and you should not allow anyone else to use your subscription.
Subject to any statutory right of cancellation, payments for Subscriptions are non-refundable unless otherwise stated in these Conditions.
If you change your mind about any Goods purchased from us, you may return them to any of our Studios or by post within 30 days with your receipt, and we will give you a full refund provided that the Goods are unused and are not damaged. You are responsible for the cost to return the Goods. This does not affect your statutory rights as a consumer.
6. USE OF OUR WEBSITE
Use of our site includes accessing, browsing or registering to use our Website. By using our Website, you are confirming that you accept these Conditions and that you agree to abide by them.
We may update this Website from time to time and may change the content at any time. Any of the materials on our Website may be out of date at any given time, and we are under no obligation to update such materials. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
This Website, including all information, content, and services made available on this Website, is provided “as is.” We make no representations or warranties of any kind whatsoever regarding the content or services of this website, or hypertext links to other outside websites. We disclaim any express or implied warranties of any kind or nature whatsoever, including without limitation, warranties related to any course of dealing, trade practice, and implied warranties of non-infringement, merchantability and fitness for a particular purpose. We do not guarantee that our Website, or any content on it, will always be available, error free and uninterrupted, that defects will be corrected, or that this website and material accessible from this website are free of viruses or other harmful components. Any product, offering, content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material. Access is permitted on a subscription basis and we may suspend, withdraw, discontinue or change all or any part of our Website without notice.
By accessing this Website, you agree that you will access its contents solely for your own use. You must not modify the copies of any materials on this Website in any way and you must not use any video, audio, illustrations, photographs, sequences or any graphics separately from any text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors. If you print, copy, modify or download any part of our Website in breach of these Conditions, your right to use this Website will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.
Except as expressly permitted by clause 7., you may not (except to the extent required in order to use this Website in accordance with these Conditions) copy, store in any medium (including in any other Website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of this Website or systematically extract material from this Website or any document available through it, create any derivative works from it or in any other way exploit commercially all or any part of this Website or any document available through it without our prior written consent.
This Website should only be accessed using a computer, tablet or mobile device linked to a secure network environment.
We cannot guarantee that this Website will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website please contact us by email at email@example.com and we will endeavor to correct it.
It is our policy to virus check documents and files before they are posted on this Website. However, we cannot guarantee that documents or files downloaded from this Website will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using this Website.
We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period. We further will not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or performance of, or the inability to use, our Website or information or functions of our website, including, without limitation, loss of income, pain and suffering, emotional distress or similar damages, even if we have been advised of the possibility or could have foreseen such damages. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with any damage or loss caused by (A) errors, computer viruses, other malicious code or harmful components originating or contracted from the Website or from any third party Website linked to this Website and (b) any interruptions in your access to the Website.
You must not misuse our Website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to our Website, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of–service attack or a distributed denial-of-service attack.
By breaching Clause 6 you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately and you will indemnify us for any breach, which means that you will be responsible for any loss or damage we suffer as a result of you not complying with this clause.
7. YOUR USERNAME AND PASSWORD
You must not share your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. It is recommended you do not share your account details in your Internet browser if you use a shared computer. If you have any reason to believe your account details have been obtained by another without consent, you must contact us at firstname.lastname@example.org as soon as possible.
We reserve the right to disable any user identification code or password used to access to this Website at any time if in our reasonable opinion you have failed to comply with these Conditions.
You shall not obtain or attempt to obtain unauthorized access to an area of this Website which is only accessible with a username and password other than that which has been identified as being available to you through the logins and passwords notified to you and you will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.
You should be aware that some the documents, files and other information may contain personal data subject to applicable data protection legislation. You must not use that data contrary to such legislation.
To the fullest extent permitted by law, we shall not be liable for any losses you suffer as a result of unauthorized access to your account.
If you are accessing an area of our Website protected by a username and password to use the Services available through it other than in the course of your business, you have certain statutory rights as a consumer regarding the performance of Services. These statutory rights will not be affected by any statement contained in these Conditions.
8. INTELLECTUAL PROPERTY
The Intellectual property rights in all content, including information, graphics, logos, trademarks, trade names, and photographs, of this Website and in the supply of products and Services are owned by Velocity Live or other third parties. You are not allowed to copy, download, produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of this Website’s content, or use any of the trademarks, logos or trade names, without prior written consent or the consent of such third party who may own the marks.
Likewise, the design, code, and layout of this Website are protected by copyright, database right, design rights and other similar laws. You are not allowed to copy, produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part.
We and our suppliers own the intellectual property rights in the software that runs this Website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, modify, create derivative works from, interfere with or attempt to interfere with that software without our prior written consent.
9. LIMITATION OF LIABILITY
By enrolling with Velocity Live and streaming our on-demand videos, you acknowledge that there are inherent risks and dangers in participating in our workouts and programs. It is your responsibility to ensure that you comply with Clause 3 regarding Fitness and Health, and that your physical condition is appropriate for participating in our workouts and programs. You accept the inherent dangers and risks associated with the Workouts, and will not make any Claim against or seek any compensation from the Velocity Live in respect of any loss or damage suffered, or damage to or loss of property you sustain as a result of participation in the Workouts. You agree to hold harmless Velocity Live from any loss or liability (including any reasonable legal fees they may incur) defending any Claim (excluding personal injury or death caused by the gross negligence or willful intent of that Released Party). You acknowledge and agree that Velocity Live shall not be liable for any personal injury, illness or death, unless caused by the gross negligence or willful intent of Velocity Live.
10. OTHER RELEVANT POLICIES
11. VIOLATIONS AND INDEMNIFICATION
We may take any actions we deem appropriate, including but not limited to, restricting your access to this Website or terminating our Services to you if we determine, in our sole discretion, that you have violated these Conditions.
You agree to defend, indemnify and hold us harmless from and against all claims and expenses, including attorneys’ fees, arising out of your use of this Website, including but not limited to your improper use of the Website, your violation of these Conditions, and your infringement (or the infringement or improper use by any other user of your account) of any intellectual property or other right of any person or entity.
12. INFORMATION ABOUT US
Velocity Live is owned by Velocity AG, a subsidiary of Revolution Holdings AG.
Velocity AG is a company registered in Switzerland under Handelsregister Number CH-020.4.054.756-4 whose registered place of business is Naphtastrasse 6, CH-8005 Zürich. Its UID is CHE-139.404.521.
Velocity Zug AG is a company registered in Switzerland under Handelsregister Number CH-170.3.042.453-8 whose registered place of business is Gubelstrasse 5, CH-6300 Zug. Its UID is CHE-422.006.881.
Velocity Zürich AG is a company registered in Switzerland under Handelsregister Number CH-020.3.046.595-3 whose registered place of business is Gutenbergstrasse 1, CH-8002 Zürich. Its UID is CHE-422.950.076.
Revolution Holdings AG is a company registered in Switzerland under Handelsregister Number CH-150.3.476.735-0 whose registered place of business is Engelbergstrasse 20, CH-6370 Stans. Its UID is CHE-465.142.009.
13. ENTIRE AGREEMENT
We reserve the right to vary or amend these Conditions from time to time. Any changes shall take effect upon posting to this Website and our provision of Goods and Services to you.
If any of these Conditions are or become illegal, invalid or unenforceable in any jurisdiction, they shall not affect:
In that jurisdiction: the legality, validity or enforceability of any other term or condition, which shall continue to have full force and effect ; or
In any other jurisdiction: the legality, validity or enforceability of that or any other term or condition, which shall continue to have full force and effect.
No waiver of any of these Conditions shall be valid unless provided by us in writing.
17. GOVERNING LAW AND JURISDICTION
The place of jurisdiction is Zurich and Zug. The substantial laws of Switzerland are applicable.