Terms and Condition
Introduction
These terms and conditions (the “Terms”) apply to the use of the fitness subscription web-based service (the “Service”) provided by TCC Elevate (the “Company”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
Subscriptions
The Service is offered on a subscription basis (a “Subscription”). By purchasing a Subscription, you agree to pay the fees and charges associated with your chosen Subscription plan, as well as any applicable taxes. The Company reserves the right to change its Subscription fees and charges at any time, without notice to you. Your Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Subscription before the end of the current subscription period. You can cancel your Subscription at any time by contacting the Company through the Service. If you cancel your Subscription, you will not receive a refund for any fees or charges paid in advance prior to the effective date of your cancellation.
Programs and Services
By signing up or purchasing any fitness programs or services offered by the Company are non-changeable and non-refundable. Once purchased or signed up for, no changes or refunds will be provided.
Careful Consideration: You are advised to carefully consider the choice before signing up or purchasing any fitness programs services. We recommend thoroughly reviewing the program or service details in the description and ensuring it aligns with your fitness goals and requirements.
No Guarantee of Results: While we strive to provide effective fitness programs and services, we do not guarantee specific results. Results may vary depending on individual effort, adherence to the program, and other factors.
Cancellation Policy: In the event of unforeseen circumstances or inability to continue with the program or service, customers may not cancel or receive a refund. However for 1:1 coaching services, the notice of cancellation must be provided at least one month in advance. But exceptions may be made under special circumstances at our discretion.
Changes to the Terms
The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If the alterations constitute a material change to the Terms, the Company will notify you by posting an announcement on the web. What constitutes a material change will be determined at the Company’s sole discretion. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Terms.
Content
The Service may provide you with access to a variety of fitness-related content, including but not limited to workout routines, exercise videos, nutrition information, and other educational materials (collectively, “Content”). You acknowledge and agree that the Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Service.
Intellectual Property Rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
User Accounts
In order to use the Service, you must create a user account (an “Account”) and provide certain information about yourself as prompted by the Service’s registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. You may not create more than one Account. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify the Company of any security breach of your Account. The Company will not be liable for any losses or damages arising from unauthorized use of your Account.
License to use website
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
Acceptable Use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
Changes to the Terms
The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If the alterations constitute a material change to the Terms, the Company will notify you by posting an announcement on the Service. What constitutes a material change will be determined at the Company’s sole discretion. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Terms.
Changes to the Service
The Company reserves the right to modify, suspend, or discontinue the Service at any time, for any reason, and without notice to you. The Company will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
Restricted access
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion and without notice.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings.
Copyright Infringement
If you believe that any material on the Service infringes your copyright, you may submit a notice of copyright infringement to the Company’s email. Your notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Feedback
You may provide the Company with feedback, comments, or suggestions regarding the Service or its associated content (“Feedback”). By submitting Feedback, you grant the Company a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, distribute, and sublicense the Feedback for any purpose.
