PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBeBay shop. All users of this eBay shop agree that access to and use of this eBay shop are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this eBay shop.
Copyright
The entire content included in this eBay shop, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Total Fitness (Bath) Ltd. The collective work includes works that are licensed to Total Fitness (Bath) Ltd. Copyright 2013, Total Fitness (Bath) Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this eBay shop for the sole purpose of placing an order with Total Fitness (Bath) Ltd or purchasing Total Fitness (Bath) Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the eBay shop solely for your own non-commercial use, or to place an order with Total Fitness (Bath) Ltd or to purchase Total Fitness (Bath) Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this eBay shop is strictly prohibited, unless authorized by Total Fitness (Bath) Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the eBay shop.
Trademarks
All trademarks, service marks and trade names of Total Fitness (Bath) Ltd used in the eBay shop are trademarks or registered trademarks of Total Fitness (Bath) Ltd
Warranty Disclaimer
This eBay shop and the materials and products on this eBay shop are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Total Fitness (Bath) Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Total Fitness (Bath) Ltd does not represent or warrant that the functions contained in the eBay shop will be uninterrupted or error-free, that the defects will be corrected, or that this eBay shop or the server that makes the eBay shop available are free of viruses or other harmful components. Total Fitness (Bath) Ltd does not make any warrantees or representations regarding the use of the materials in this eBay shop in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Total Fitness (Bath) Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this eBay shop or the performance of the products, even if Total Fitness (Bath) Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors & Pricing
In the event that a Total Fitness (Bath) Ltd product is mistakenly listed at an incorrect price, Total Fitness (Bath) Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Total Fitness (Bath) Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Total Fitness (Bath) Ltd shall issue a credit to your credit card account in the amount of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing the eBay shop and/or completing the registration or eBay shopping process. These terms and conditions, or any part of them, may be terminated by Total Fitness (Bath) Ltd without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Total Fitness (Bath) Ltd may deliver notice to you by means of e-mail, a general notice on the eBay shop, or by other reliable method to the address you have provided to Total Fitness (Bath) Ltd.
Miscellaneous
Your use of this eBay shop shall be governed in all respects by the laws of the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this eBay shop (including but not limited to the purchase of Total Fitness (Bath) Ltd products) shall be in the Courts of England and Wales and no where else. Any cause of action or claim you may have with respect to the eBay shop (including but not limited to the purchase of Total Fitness (Bath) Ltd products) must be commenced within six (6) years after the claim or cause of action arises. Total Fitness (Bath) Ltd's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Total Fitness (Bath) Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of eBay shop
Harassment in any manner or form on the eBay shop, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Total Fitness (Bath) Ltd or other licensed employee, host, or representative, as well as other members or visitors on the eBay shop is prohibited. You may not upload to, distribute, or otherwise publish through the eBay shop any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the eBay shop or use the eBay shop to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Total Fitness (Bath) Ltd does not and cannot review all communications and materials posted to or created by users accessing the eBay shop, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the eBay shop, Total Fitness (Bath) Ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the eBay shop. However, Total Fitness (Bath) Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Total Fitness (Bath) Ltd in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Total Fitness (Bath) Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the eBay shop using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Total Fitness (Bath) Ltd may link to eBay shops operated by third parties. However, even if the third party is affiliated with Total Fitness (Bath) Ltd, Total Fitness (Bath) Ltd has no control over these linked eBay shops, all of which have separate privacy and data collection practices, independent of Total Fitness (Bath) Ltd. These linked eBay shops are only for your convenience and therefore you access them at your own risk. Nonetheless, Total Fitness (Bath) Ltd seeks to protect the integrity of its web eBay shop and the links placed upon it and therefore requests any feedback on not only its own eBay shop, but for eBay shops it links to as well (including if a specific link does not work).
