Welcome to the website of Energise with Emily www.energisewithemily.com (the “Website”). This document sets out the terms and conditions upon which you access and use the Website.
The Website is owned by Emily Turnbull (“I” or “me”). I am a sole trader providing personal training, fitness, nutritional and energy coaching and related services and products.
The term “you” refers to you as a client or prospective client of Energise with Emily and/or the user or viewer of the Website.
By entering the Website, and/or any page accessible on this Website you accept, without limitation or qualification, the terms and conditions set out below (the “Terms”). By accessing and using the Website, you acknowledge that you are bound by the Terms.
If you do not wish to be bound by the Terms you should not access or use the Website.
I may modify the Terms in my absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after the updated Terms have been posted on the Website.
Separate legal terms apply when you become a client of mine and to purchases made by you via the Website including online coaching programmes.
I own, or am licensed in respect of all the information and graphic representations or images on the Website (the “Content”). The copyright and all other intellectual property rights in the Content are either my sole and exclusive property or my licensors’.
You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
Without my written consent, you may not use, transfer, copy or reproduce any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its Content. This includes electronic reproduction by uploading or downloading.
The sole exception to the requirement for prior written consent is that you may include a short excerpt (100 words or less) from the blog on this Website in your blog or in a social media post, provided you provide an appropriate credit and link back to the blog on this Website. I reserve the right to request that any such links be removed.
You warrant that it is legal for you to view the Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction in viewing or using the Content.
Using the Website
Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide me with any optional information requested.
You agree not to:
- impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead me or others as to the identity or origin of any communications or to provide inaccurate or unreliable contact details;
- modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
- make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
- damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
- use the Website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
- publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
- make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
- falsify the true ownership of software or other material or information contained in a file made available via the Website; and
- obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
No unlawful or prohibited use
You undertake to me that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
You agree to indemnify me and my licensors in respect of any loss that I or we may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
My use of your personal details
Your privacy is important to me. This website contains information that you may browse without providing any personal details. Where you voluntarily provide personal details (such as your name, email address or telephone number) I will only use that information for the purpose for which it was intended and to communicate with you.
You agree that you use the Website entirely at your own risk.
The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
In preparing this Website, I have endeavoured to offer current, correct and clearly expressed information. However, I cannot guarantee that the information will be accurate, complete or current at all times and I accept no liability for any reliance placed by any person on the information.
I make no representation or warranty of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. I expressly disclaim all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.
This Website may contain advertisements. I am not responsible for and do not endorse the content of such advertisements, and do not accept any responsibility for any errors or inaccuracies in such advertising material.
I shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of this Website, the provision of or failure to provide services, or for any information obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, or otherwise, without limitation, even if I have been advised of the possibility of damage.
If you are dissatisfied with any portion of this Website, or with any of these Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the Website.
Notwithstanding anything in the Terms, I do not disclaim liability for death or injury caused by my own proven negligence.
I reserve the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
Content, information, materials or anything else sent by you to me (including your comments, your reviews and your star ratings) are sent entirely at your own risk. I have no obligation to publish or otherwise distribute anything sent by you. I do not have any obligation to return any materials you send me and am not responsible for lost or damaged materials. You warrant and represent that publication of any content, information, materials or anything else you send me shall not infringe the intellectual property rights, privacy or publicity rights or any other legal or moral rights of any third party, or violate any applicable laws or regulations and you shall indemnify and hold me and my officers and employees harmless from any loss, liability, claim, or demand, including legal fees, made by any third party arising out of any breach of this warranty.
I reserve the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.
Virus protection and compatibility
Whilst certain precautions have been taken to detect computer viruses and ensure security, I cannot guarantee that the Website is virus-free and secure.
I shall not be liable for any loss or damage that occurs as a result of any virus or breach of security. I do not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
Links to third party sites
This Website may contain links to websites operated by parties other than me (“Third Party Websites”). These links are provided for your convenience. When you activate one of them, you will leave the Website. I have no control over, and will accept no responsibility for or liability in respect of, material on any website that is not under my control.
The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.
You will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without my prior written consent.
I may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
- there is a regulatory or statutory change limiting the ability to provide access to the Website;
- there is any event beyond my reasonable control which prevents me from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
- I consider (in my sole discretion) that you are abusing the Website or are otherwise acting in breach of these Terms.
I reserve the right to monitor and track your visits to the Website.
Unless otherwise specified, the Website is directed solely at those who access this site from the United Kingdom. Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
A failure or delay by me in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms constitute the entire agreement between you and me as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.
The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail in each case addressed to you at the e-mail address you have given me or to me at the e-mail address displayed on the Website.
English law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts.
Copyright and trade mark notices:
All contents of this Website are copyright ©2019 Emily Turnbull