PLEASE READ THIS DOCUMENT CAREFULLY. Bhangra Blaze Xpress (“BBX,” “we,” or “us”) is an online health, fitness, and activity community located at BBX.FITNESS (the “BBX Site”) with related mobile applications and desktop applications, (collectively, the “BBX Service”). By registering as a member or by using the BBX Service in any way, you accept these Terms and Conditions (“Agreement”), which forms a binding agreement between you and BBX. If you do not wish to be bound by the Agreement, do not use the BBX Service.
- Who May Use the BBX Service
AGE REQUIREMENT: You must be at least 18 years old to use the BBX Service.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the BBX Service. If your child is using the BBX Service unsupervised and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about BBX, please contact us at admin@BBX.fitness.
- License to Use the BBX Service
LICENSE: BBX grants you a limited, non-exclusive license to access and use the BBX Service for your own personal, non-commercial purposes. This includes the right to view content available on the BBX Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by BBX in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the BBX Service. Nor will you take any measures to interfere with or damage the BBX Service. All rights not expressly granted by BBX are reserved.
- Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information
We do not store your credit card information for your ‘Payment Method”. All payment processing is handled by Stripe.
- Membership Requirements
REGISTRATION: To fully use the BBX Service, you must register as a member by providing your name, a valid email address and password. You must provide complete and accurate registration information to BBX and notify us if your information changes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorised users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the BBX Service. If you become aware of an unauthorised access to your account, you must change your password and notify us immediately at admin@BBX.fitness.
COOKIES: BBX requires the use of cookies to store information on your computer, to facilitate access to our website and to personalize your online experience. The cookies used may be essential for parts of the site to operate. By registering as a member or by using the BBX Service in any way, you give your consent for BBX to use cookies. You may delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of our website may not function properly.
- Membership Structure, Billing, Cancellation, Refunds, Guarantees
BILLING: By starting your BBX membership, you are expressly agreeing that we are authorised to charge you a recurring membership fee at the then current rate, and any other charges you may incur in connection with your use of the BBX service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice, however your membership fee will remain at the same level for the lifetime of your membership. As used in the Agreement, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and at the same cost and same duration as your initial purchase thereafter unless and until you cancel your membership. We automatically bill your Payment Method. Membership charges are fully earned upon payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If you are eligible, and have signed up for a free trial, your Payment Method will be authorised for up to approximately ten days of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorise your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by logging into your account on the BBX website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorise us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
ONGOING MEMBERSHIP: Your BBX membership will continue unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews in order to avoid billing of the next period membership fees to your Payment Method. We will bill the membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
CANCELLATION: You may cancel your BBX membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS. To cancel, visit our website and click on the “Settings” link at the top of any page. Then follow the instructions to cancel your subscription.
- Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the BBX Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time.
TERMINATION FOR BREACH: BBX may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if BBX determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage BBX’s reputation and goodwill. If BBX deletes your account for the foregoing reasons, you may not re-register for the BBX Service. BBX may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by BBX will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. BBX shall not be responsible for the loss of such content.
- Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
- Violates any law.
- Code of Conduct
In using the BBX Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the BBX Site.
BBX has the right, but not the obligation, to monitor all conduct on and content submitted to the BBX Service. BBX reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion or to satisfy or comply with applicable laws, regulations and/or legal processes.
- Submissions
As between you and BBX, you own all content that you submit to the BBX Service. You grant BBX and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” in your content. You further grant all users of the BBX Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to BBX on improving or adding new features to the BBX Service, BBX shall have the right to use your suggestions without any compensation to you.
- Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to BBX and grant the licenses set forth above; (ii) BBX will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
- Indemnification
You agree to indemnify, defend, and hold harmless BBX and its affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that: (i) arise from your activities on the BBX Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to BBX violates any law or infringes any third party right, including any intellectual property or privacy right.
- Third Party Links and Content
The links on the BBX Sites and/or the BBX Service will let you leave the particular BBX Site or BBX Service you are accessing in order to access a linked site (the “Linked Sites”). BBX neither controls nor endorses these linked sites, nor has BBX reviewed or approved the content which appears on the
linked sites. BBX is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any linked sites. You acknowledge and agree that BBX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties. Your participation, correspondence or business dealings with any third party found on or through the BBX Sites and Service, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that BBX shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
- Disclaimers
BBX reserves the right to modify the BBX Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the BBX Service. BBX has no obligation to screen or monitor any content and does not guarantee that any content available on the BBX Service complies with this Agreement or is suitable for all users.
BBX provides the BBX Service on an “as is” and “as available” basis. You therefore use the BBX Service at your own risk. BBX expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, BBX makes no representations or warranties:
- That the BBX Service will be permitted in your jurisdiction;
- That the BBX Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That the BBX Service will meet your personal or professional needs;
- That BBX will continue to support any particular feature of the BBX Service.
- Concerning sites and resources outside of the BBX Service, even if linked to from the BBX Service.
To the extent that a secondary party may have access to or view BBX content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the BBX Service, and no warranties shall apply after such period.
- Limitation of Liability
The views expressed by Instructors and other Users are theirs and unless specifically stated are not shared by us. We are not responsible for any information provided by Instructors and other Users via the BBX Service.
We are not responsible for the availability or content of any third party sites that are accessible through the BBX Service. Any links to third party websites from the BBX Service do not amount to any endorsement of that site by us and any use of that site by a User or Instructor is at his own risk.
The BBX Site and all materials and information thereon, (including the information, names, images, pictures, logos and icons regarding or relating to us, our products and services (or to third party products and services)), is provided “AS IS” and on an “AS AVAILABLE” basis. To the fullest extent permitted by law, we exclude all representations, warranties and endorsements (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the BBX Service or any of the content. While we try to ensure that all content provided by us is correct at the time of publication no responsibility is accepted by us for any errors, omissions or inaccurate content on the website.
Nothing in the Agreement limits or excludes our liability for death or personal injury caused by our proven negligence. Subject to the previous sentence, we shall not be liable for any consequential loss or damage of any nature whatsoever and howsoever arising (whether such damage or loss was foreseen, foreseeable, known or otherwise) out of or in connection with the viewing, use or performance of the BBX Service or the content, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants or agents, or any other person. Such shall include (but not be limited to) loss of data, loss of revenue or profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of the BBX Service regardless of the form of action.
We do not warrant that the BBX Service or any aspect of them will be uninterrupted or error free, that defects will be corrected, or that the BBX Site or the server that makes it available are free of viruses or bugs. All Users and Instructors acknowledge that it is their responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and output.
No warranty or representation express or implied is given in respect of any Instructor or User. We accept no liability for any loss, damage, cost, expenses or other claims for compensation arising from the introduction of Users to Instructors or vice versa. Neither do we accept liability for the failure of the Instructor to meet a User’s requirements.
- Professional Advice Disclaimer / Medical Disclaimer
Professional Advice Disclaimer.
The BBX SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR DOCTOR BEFORE BEGINNING A NEW FITNESS OR NURTITIONAL PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A GENERAL PRACTITIONER (DOCTOR) OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON THE BBX SITE. THE USE OF ANY INFORMATION PROVIDED ON THE BBX SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE BBX SITE OR AVAILABLE THROUGH ANY BBX SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THE BBX SITE IS CONTINUALLY UNDER DEVELOPMENT AND BBX MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE BBX SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Medical Disclaimer
In becoming a Member of BBX with the intent of using the BBX Service, you affirm that either (A) all of the following statements are true: (i) no Doctor or other health-care professional has ever informed you that you have a heart condition or that you should only do physical activities recommended by a Doctor or health-care professional; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your Doctor or health-care professional is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or (B) your Doctor has specifically approved of your use of BBX.
If applicable, You further affirm that (A) you are not pregnant, breastfeeding or lactating or (B) your Doctor or other health-care professional has specifically approved your use of BBX.
BBX reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.
- Intellectual Property
You acknowledge that the BBX Site and Services contain software, graphics, photos, or other material (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All BBX-generated Content and Content provided to BBX by its partners and licensors is copyrighted individually and/or as a collective work under the United Kingdom copyright laws; further, BBX owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the BBX Site. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including commercial use, or use of any such Content on any other Web site or networked computer environment is strictly prohibited.
The BBX name, logos and affiliated properties, are the exclusive property of BBX Ltd. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
- Copyright
BBX respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the BBX Site do not infringe any third party copyright.
BBX will promptly remove materials from the BBX Site in accordance with the Copyright, Designs and Patents Act 1988 if properly notified that the materials infringe a third party’s copyright. In addition, BBX may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Filing a Notice to Remove Copyrighted Content-for Copyright Holders
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the BBX Site the material that you claim is infringing may be found, sufficient for BBX to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorised by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
- Your electronic or physical signature.
You may submit this information via:
- Email: admin@BBX.fitness (email subject: Copyright)
- Offline (sent by post to): BBX, 14, Kineton Road, Sutton Coldfield, West Midlands, B73 5DN
- General Provisions
GOVERNING LAW: This Agreement shall be governed by and construed in accordance with English law, and any disputes relating to this Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the BBX Service must be commenced in accordance with English Law (and you consent to the jurisdiction of these laws). In any such action, BBX and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by BBX in exercising any right hereunder will waive any further exercise of that right. BBX’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without BBX’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from BBX electronically. BBX may provide all such communications by email or by posting them on the BBX Service. For support-related inquiries, you may send an email to admin@BBX.fitness or the following address:
BBX
14 Kineton Road
Sutton Coldfield
West Midlands
UK
B73 5DN
MODIFICATION: This Agreement may not be modified except by a revised Terms and Conditions posted by BBX on the BBX Site or a written amendment signed by an authorised representative of BBX. A revised Terms and Conditions will be effective as of the date it is posted on the BBX Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between BBX and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
