Medical Disclaimer

Please consult your doctor before beginning any exercise programme. By continuing, you agree to our full terms and conditions

 

Terms and Conditions

Please read through carefully our full Terns and Conditions as set out below before using the Peak application (the Services) provided by Reach My Peak Ltd (We, Us or Our).

 

Acceptance

By downloading the Peak application or by using any of our Services or content, you agree to abide by and accept our complete and full Terms and Conditions (T&C).

 

Eligibility

By agreeing to our (T&C) you are at least 18 years old and have no physical or mental impairment that would make your use of our services detrimental to your well-being in any way.

 

Alterations

We reserve the right to modify any part of the conditions listed within this document at any time without giving prior warning or notice. We reserve the right to alter or modify or terminate, suspend the Service at any time also without giving notice.

 

Use of Service

The Service provides fitness advice and does not constitute or replace any form of medical advice, diagnosis or treatment.

By using our Service you confirm that your doctor has given their approval for you to participate in such exercises and fitness work outs stipulated by our Service and that you have no history and no current medical condition that would jeopardise your health whilst using our Service.

 

In particular, you will not have:

Any history of cardiovascular disease including high blood pressure, chest pains or ischaemic heart disease

 

Any Neurological disorder including undiagnosed fainting or loss of consciousness episodes, epilepsy or degenerative diseases

 

Any Rheumatological or joint disorder including osteoarthritis, rheumatoid arthritis and tendon disorders

 

Any Metabolic disorders including insulin and non-insulin diabetes, liver or kidney disease or any bowel or bladder issues

 

Any Respiratory disorders such as uncontrolled asthma, bronchiectasis or chronic obstructive pulmonary disease

 

Any Mental health disorders including psychosis, depression or anxiety.

 

By using our Services, you do so at entirely at your own risk and although we provide video content, written descriptions and fitness workouts, Reach My Peak Ltd (including all its employees and directors) will not be liable for any physical or mental injury that arises indirectly or indirectly through the use of any of our Services – either on the website or via the application.

We stipulate that you use our Services in a suitable and safe environment such as the gym, fitness club or home. The Services are not to be used whilst driving, operating machinery or any other task that could potentially be distracting or unsafe.

When using any fitness equipment, you are responsible that it is both safe to do so and that the equipment is well maintained and appropriate for the designed use.

 

Content

Content is defined as and includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.

 

Licence

Subject to these T&C, we grant each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable personal license to use (i.e., to download and display locally) Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. As between you and Reach My Peak, Reach My Peak Ltd shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or parts thereof. It is within our right to terminate this licence at any time with or without any expressed reason given.

 

Proprietary Rights

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos), and all Intellectual Property Rights related thereto, are the exclusive property of Reach My Peak. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

Rules of Conduct

You are responsible for all your activity on connection with our Service and therefore

  1. You will not interfere with the proper working of our Service in any way
  2. You will not place an improper demand on our infrastructure
  3. You will not spam/bulk email to any or contact addresses
  4. You will not revere engineer or try to derive any source code of our Service
  5. You will not impersonate any individual or organisation

 

3rd Party Services

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. The Services may also permit you to connect to third party hardware and equipment. When you access third party resources, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, resources, hardware or equipment. The inclusion of any such link or connection does not imply our endorsement or any association between us and their providers. You further acknowledge and agree that we 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 or reliance on any such content, goods or services available on or through any such website, resource or hardware or equipment.

 

Warranty Disclaimer

We have no special relationship with or fiduciary duty to you. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material of the Content contained in or accessed through the Services.

 

The Services and Content are provided “As Is”, “As Available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that:

  1. The services will be secure or available at any particular time of location
  2. Any defects or errors will be corrected
  3. Any content or software available at or through the services is free of viruses or other harmful components
  4. The results of using the services will meet your requirements

 

Your use of the services is solely at your own risk.

The foregoing disclaimer shall not apply to the extent prohibited by applicable law.

 

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, that arise from or relate to your:

  1. Use or misuse of, or access to, the Services, Content, or from your User Content
  2. Your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above
  3. Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights
  4. Your violation of any law, rule or regulation of the United Kingdom or any other country
  5. Any other party’s access and use of the Service with your unique username, password or other appropriate security code
  6. Any physical or mental injury or death occurring, whether to you or a third party, in connection with your use of the Service

 

Limitation of liability

In no event shall We, nor our directors, employees, partners or suppliers be liable under any legal or equitable theory with respect to the service for any

  1. Data loss
  2. Profit loss
  3. Goods or general services procurement costs
  4. Damages direct or indirect
  5. Physical or mental harm
  6. Bugs, viruses, Trojan Horses that may be transmitted to or via our Service
  7. Offensive, defamatory or illicit content brought via a Third party provider

IN NO EVENT SHALL REACH MY PEAK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO REACH MY PEAK HEREUNDER.

 

Jurisdiction

The terms are under the governing law and jurisdiction of the United Kingdom

 

Privacy Policy

We may collect the following information:

Aggregate and anonymous crash and analytical information using Crashlytics. Crashlytics’ privacy policy is available at: http://try.crashlytics.com/terms/.

Aggregate and anonymous analytical information using Google Analytics. Google Analytics’ privacy policy is available at: http://www.google.com/privacypolicy.html

We will never divulge this data to any third parties.

 

Updated: April 24th 2015