Welcome to BFitter. This Website is operated by BFitter a sole trader through our Website http://BFitter.com/ (“Website”), and offers physio therapy and performance Programmes (“Programmes” or “Products and Services”) for sale. BFitter offers Programmes, Products and Services for sale subject to these Terms of Use (the “Terms”), which may be updated by us from time to time. The terms “BFitter” or “BFitter Physiotherapy” refers to the owner of the Website.  The terms of use are effective from March 2019.

By accessing our Website and/or using our Programmes, Products or Services in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines for all of the Programmes, Products and Services, which may change from time to time, and to comply with all applicable laws, regulations and rules. If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our Products or Services, you should immediately discontinue use of the Website. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user.

In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. You should periodically review these Terms. BFitter reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our Products or Services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of Products or Services. You agree that BFitter is permitted to access and use any other information provided by you to provide Programme, Products or Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Programme, Products or Services we provided to you.

If you do not agree to these terms, do not use this Website. By using the Website and agreeing to these terms, you confirm that you are at least 18 years old and that you are legally competent to enter into a contract.

1. Access to our Website and restrictions on your use

BFitter gives you a limited, revocable, nonexclusive, non-transferable license to access our Website and use our Products and Services for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by BFitter. No Materials (as defined herein below) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your subscription to access the Website and also may constitute the infringement of BFitter’s copyright, trademark and/or other rights. You agree not to access or try to access any computer system of BFitter, its Programmes or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license, by implication or otherwise, in or to any patent, trademark, copyright, or proprietary right of BFitter or any third party, in connection with your use of the Website and any Materials provided by BFitter on the Website.

You agree that you will not do any of the following:

a) Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

b) Disable or interfere with the security of the Website or features that prevent, limit or restrict use or copying of the Website or any Materials.

c) Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.

d) Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs or other destructive or harmful items.

e) Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.

f) Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our infrastructure.

g) “Frame” or “mirror” the Website or any part.

h) Use the Website or any Materials for any unlawful purpose.

i) Spam or flood.

j) Resell or make commercial use of the Website or Materials; or (b) make any derivative use of the Website or Materials.

2. Purchasing Items Featured on our Website

BFitter takes reasonable precautions to try to ensure that any prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products featured on the Website, please note that BFitter does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, you should contact our customer service department at support@BFitter.com.

3. Pricing Errors and Omissions

Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that BFitter reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your card has been charged.

4. Modification or Suspension of the Website

You agree that BFitter, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so. Specifically, we strongly recommend you download all purchased content so that it is available to you in the event this Website is no longer live.

5. Content Disclaimer

The information (including, without limitation, advice and recommendations) on the Website is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment. Your use of the Website is subject to the additional disclaimers and caveats that may appear throughout the Website and with Products and Services featured by us. Further, we strongly encourage you to review these exercises, Programmes, or anything else found on this site with one of our physicians. Should your physician advise against anything on this Website you agree to notify us in writing immediately and cease following any content on this site until said time that your physician approves of the exercises, Programmes, or anything else found on this site. By using this site, you specifically agree to communicate with your physician, and you agree to indemnify BFitter for all injuries stemming from failing to review the plan with your physician or following this extremely important physician review element.

BFitter and its owners, principals, representatives and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, products, services, or materials on the Website. While BFitter strives to keep the information on the Website and on the featured Products and Services accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the Website and in Products and Services featured on the Website.

6. Physician consent and review

The requirement that you review this plan with your Physician is extremely important. Do not push yourself beyond your Physician’s advice. As such we require that in order to use this site you speak with your physician about the concepts and recommendations before heading any advice on this site. notify our team immediately if there is a disagreement with your doctor and our plans. if you do not speak with a doctor it is possible that you may be injured. You specifically indemnify us from this risk of injury or death even if such injury is caused by your doctor’s advice.

7. Disclaimer of warranties with respect to use of Website and Products and Services

The Website and all Products and Services featured on it are provided on an “as is” and “as available” basis. except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, BFitter expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.

While BFitter uses reasonable efforts to include accurate and up to date information on the Website, BFitter does not make any warranty that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. BFitter makes no warranties as to the results that may be obtained from the use of the Website or the Products and Services featured thereon, or as to the accuracy, quality, or reliability of any information obtained through the Website.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

No advice or information, whether oral or written, obtained by you from BFitter or through the Website shall create any warranty not expressly made herein.

8. Limitations of liability and damages

You agree that BFitter’s legal liability, including the liability of its affiliates, officers, directors, shareholders, employees or agents, for any claim made by you arising out of your use of the Website or purchase of Products or Services offered thereon shall be limited to the amount you paid to BFitter. Under no circumstances will special, incidental, consequential or punitive damages be awarded, even if we have been advised of the possibility of such damages. You understand that following this or any advice may lead to injury or death and you agree to assume the risk of injury or death in using this site.

9. Compliance with laws

You agree to comply with all applicable laws, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

10. Indemnity

You agree to defend, indemnify and hold BFitter, its affiliates, officers, subsidiaries, , successors, directors, shareholders, agents, service providers, lawyers, suppliers and employees, harmless from any claim or demand, including reasonable lawyer fees and court costs, made by any third party due to or arising out of your use of the Website or our Products or Services, your violation of the terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.

You acknowledge that BFitter has set its prices and has provided access to the Website in reliance on these limitations of liability and damages and the indemnity in these terms, and that those limitations are an essential basis upon which BFitter provides its Website and offers its Products and Services. You agree that the limitations of liability and damages and the indemnity in these terms survive and apply even if found to have failed of their essential purpose.

11. Links to third party sites

The Website may link to other Websites that are independent of BFitter. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the Products or Services provided or sold by, any such site. You visit any such Website at your own risk. You agree that BFitter is not responsible for any loss or damage of any sort you may incur from dealing with such third-party Website(s).

12. Ownership of content

BFitter owns and operates this Website. BFitter own all right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, colour combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, and images (collectively, the “Materials”). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of BFitter’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.

All Website design, text, graphics, and the selection and arrangement thereof, are owned by BFitter. ALL RIGHTS RESERVED.

13. Enforcement of rules and policies

We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings or suspension or termination of your rights to use our Website. You agree that BFitter shall not be liable to you or any third-party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.

In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal summons, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.

You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third-party advertisers on the Website.

14. Governing law

Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England, Northern Ireland, Scotland and Wales.

15. Miscellaneous

These Terms constitute the entire agreement between you and BFitter. They govern your use of the Website and Materials and supersede any prior agreements between you and us. BFitter’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that BFitter may have under trade secret, copyright, patent or other laws. BFitter’s employees are not authorized to modify the Terms, or to make any additional representations, commitments, or warranties binding on BFitter, except in writing signed by an authorized BFitter officer. If any provision of these Terms is found to be invalid, you agree that the other provisions of the Terms remain in full force and effect.

You warrant, represent and agree that, by using the Website and/or the Products or Services, you (i) have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.

In the event that you breach these Terms, BFitter will, in addition to all other available remedies, be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.

Privacy Policy

BFitter’s Privacy Policy, as displayed on our Website, forms part of our Terms. Please read it, because you are agreeing that it applies to our collection and use of information from you.

1. Registration; collection and use of information

Anyone completing and submitting any or part of the forms on the Site is considered a “Subscriber.” BFitter only gathers personal information that is volunteered during the registration process or in response to specific information requests. Examples of personal information that may be requested consist of name, address, email address, and telephone number. We do not collect credit card or other payment account information in connection with any purchase you make on or through the Site.  All transactions are made securely through the PayPal platform in accordance with their terms of use. The decision to provide personal information is optional on your part; however, if you decide not to register or provide such information, you may not be able to make purchases on or use certain features of the Site or other services on or through the Site.

We also may automatically collect non-personal information that does not identify an individual user, such as IP (internet protocol) address, ISP (internet service provider), the Web browser used to visit the Site, the time the Site is visited, which Web pages were visited on the Site, a unique mobile device identifier and other anonymous Site usage data.

We may also connect personal information and non-personal information from users via “cookies” (small text files placed by us on user computers), single-pixel GIF image files (also called “Web beacons”), Web server log analysis and other similar technologies. Such information may be used to track usage trends and enhance the user experience and may be shared with third parties.

We use your personal information and non-personal information for internal purposes, such as to provide you with the Site and services, to notify you of new Products or Services, and to otherwise communicate with you.

We do not allow third party advertising on our site.

2. Sharing information

BFitter reserves the right to use Subscriber personal information: (1) as disclosed at the time such information is provided and (2) as disclosed in this Policy. Your personal information and non-personal information is not shared and only used in accordance with the limited purposes outlined in this privacy policy. By clicking a submit button or taking other action on the Site to make a purchase and providing personal information on or through the Site, you agree:

  1. a) All information you have provided is true and correct to the best of your knowledge
  2. b) You are establishing a business relationship with BFitter

BFitter may disclose Subscriber personal information in order to: (1) comply with applicable laws; (2) respond to governmental inquiries; (3) comply with valid legal process; and (4) protect the rights or property of BFitter

3. Use of cookies

BFitter and our Service Providers use cookies and other technologies (such as web beacons), as well as advertising identifiers, for various reasons. For example, we use these technologies to make it easy to access our services by remembering you when you return, to provide and analyse our services. We also use cookies, as well as advertising identifiers, to learn more about our users and their likely interests, and to deliver and tailor marketing or advertising. We want you to be informed about our use of these technologies, so this section explains the types of technologies we use, what they do and your choices regarding their use.

a) What are cookies? Cookies are small data files that are commonly stored on your device when you browse and use Websites and online services. They are widely used to make Websites work, or to work more efficiently, as well as to provide reporting information and assist with service or advertising personalization.

Cookies are not the only types of technology that enable this functionality; we also use other, similar types of technologies. See below for more information and examples.

b) What are advertising identifiers? Advertising identifiers are similar to cookies and are found on many mobile devices and tablets (for example, the “Identifier for Advertisers” (or IDFA) on Apple iOS devices and the “Google Advertising ID” on Android devices), and certain streaming media devices. Like cookies, advertising identifiers are used to make online advertising more relevant.

c) Why does BFitter use cookies and advertising identifiers?

–        Strictly necessary cookies: These cookies are strictly necessary to provide our Website or online service. For example, we and our Service Providers may use these cookies to authenticate and identify our members when they use our Websites and applications so we can provide our service to them. They also help us to enforce our Terms, prevent fraud and maintain the security of our service.

–        3rd party cookies BFitter’s Website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages. Should you wish to help us get a better understanding of how you prefer to use the site please enable this cookie. Keeping this cookie enabled helps us to improve our Website.

–        Additional cookies: We do not use any additional cookies including advertising.

d) How can I exercise choice regarding cookies? For more information about cookies set through our Website, as well as other types of online tracking (including the collection of information by third parties about your online activities over time and across third-party Web sites or online services for online interest-based advertising), and to exercise choices regarding them. Click here

e) How Does BFitter use Web Beacons and other Technologies? Web beacons (also known as clear gifs or pixel tags) often work in conjunction with cookies. We and our Service Providers may use them for similar purposes as cookies, such as to understand and enhance the use of our service, improve site performance, monitor visitor traffic and actions on our site, and understand interactions with our marketing (including email and online ads on third party sites). Because web beacons often work in conjunction with cookies, in many cases, declining cookies will impair the effectiveness of web beacons associated with those cookies.

We use other technologies that are similar to cookies, such as browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). Like cookies, some of these technologies may store small amounts of data on your device. We may use these and various other technologies for similar purposes as cookies, such as to enforce our terms, prevent fraud, and analyse the use of our service.

4. Opting-Out of further communications (this should be linked to the Unsubscribe text I have provided)

From time to time BFitter may wish to contact you to provide you information on new performance exercises or send you other content and Materials it deems to be of interest. Site Subscribers may opt-out of receiving further communications from BFitter. Subscribers may, at any time, choose not to receive promotional emails from BFitter  (1) following the “unsubscribe” instructions in any such e-mail received by Subscriber, or (2) writing to options@BFitter.com. Additionally, Subscribers may at any time modify their information by writing to options@BFitter.com.

5. Right to be forgotten

Site Subscribers may by writing to options@BFitter.com request that all personal information about them be permanently deleted after providing confirmation of their identity. After such verified request all contact information and personal information will be removed from BFitter Servers.

6. Right to Your information

In certain circumstances, you have a right to access or object to the use of personal information held about you (including in relation to direct marketing). You can also ask us to rectify, update, erase, restrict or to share your information in a usable format with another BFitter. Such requests are subject to applicable law. We encourage you to contact us to update or correct your information if it changes or if the personal information, we hold about you is inaccurate. If you would like to discuss or exercise such rights, please contact us at support@BFitter.com. We will contact you if we need additional information from you in order to honour your requests.

7. Transfer in certain circumstances

At BFitter’s sole discretion we may transfer, or assign information collected on and through this Site, including without limitation, personal information  and other Subscriber-provided information, to one or more third parties, as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of BFitter.

8. Security, Fraud, and Abuse (suggest you get a SSL certificate)

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. BFitter regularly reviews these measures to better protect you. However, we do not and cannot guarantee the security or integrity of the information, and we have no liability for breaches of said security or integrity or third-party interception in transit. Please be advised that any transmission of data at or through the Site is at your own risk.

9. Must Be 18 Years or Older

BFitter’s Website it not intended for, or directed to, children under the age of 18. If we learn that a person who registers on the Site is under the age of 18, we will promptly delete that individual’s registration.

10. Links to Other Sites

The Site may contain links to other sites or allow others to send you such links. A link to a third party’s site does not mean we endorse it or are affiliated with it. We exercise no control over third-party sites and are not responsible for the privacy practices or content of those sites. Your access to such third-party sites or content is at your own risk. You should always read the privacy policy of a third-party site before providing any information to the site.

11. Change in Policy

BFitter may, from time to time, amend this Policy, in whole or part, in its sole discretion. Depending on the nature of the change, we will either announce the change (1) on the privacy policy page of the site, or (2) provide such notice via e-mail to Subscribers. Those changes will go into effect on the revision date shown in the revised Privacy Policy. Your continued use of our Site and services constitutes your consent to be bound by the revised Privacy Policy. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, you must terminate your registration by unsubscribing via email to options@BFitter.com and cease all further use of the Site.

12. Contacting Us

If you have any questions or concerns about this Privacy Policy or our privacy practices, you may write to us at: options@BFitter.com. Please provide complete information to help us facilitate your request, as well as your complete contact information.

Cookies Policy