Terms & Conditions

Terms & Conditions

This website, www.aomfitness1.com (the “Site”) is owned and operated by AOM Fitness Ltd, a company registered in Ireland.

Access to and use of this Site and the products and services available through this Site are subject to the following terms and conditions and notices. By contributing material or making an order you agree to be bound by these terms and conditions, as may be changed or updated by AOM Fitness from time to time. Please check this page regularly to be aware of changes we may have made.

AOM Fitness may withdraw or amend the Site, or restrict access to part or all of the Site, at any time without notice and shall not be liable if for any reason at any time all or part of the Site is unavailable for any period.

On our Site there may be links to other websites, which are not created or controlled by AOM Fitness (the “Linked Sites”). If you access these Linked Sites please note that use of them will be subject to the terms and conditions of that site. AOM Fitness has no control over the Linked Sites and accepts no liability for any loss or damage that may arise from your use of any Linked Site.

Intellectual Property
The intellectual property rights in all the designs and all content and software made available on or through this Site, including all Site design, graphics, text, the arrangement thereof, and all software compilations, underlying source code and all other material on this Site, remains the property of AOM Fitness or its licensors. All such rights are reserved.

You may electronically copy and print in hard copy portions of the Site for the sole purpose of using the Site as a learning resource. Any other use, modification, republication, distribution or reproduction of designs or materials on this Site without AOM Fitness prior written permission, is strictly prohibited.

Except where expressly stated otherwise, all persons or third party trademarks, including their respective names and images, and all third party products and services featured on this Site are owned by the respective trademark owners and are in no way associated or affiliated with AOM Fitness. Third party trade marks or brand names referred to on the Site are used solely to describe or identify the products and services and their use is in no way an assertion that such products or services are endorsed by or connected to AOM Fitness. Please do not rely on the existence of such an association or affiliation. No permission is given in respect of the use of any of these names or titles. Any such use may constitute an infringement of the holders’ rights.

How you may Link to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link; from any website that is not owned by you; or in such a way that might suggest any form of association or endorsement on our part where none exists.

You are not permitted to create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.

Ordering
When you place an order on the Site you undertake that all details you provide are true and accurate and you Warrant that: you are legally capable of entering into binding contracts; you are at least 18 years old; and you are an authorised user of the credit or debit card used to place your order.

To place an order you first add the product(s) you wish to purchase to your shopping basket, then once you have created an account, or logged into your existing account, you enter your payment details where indicated and then finally submit your order.

Once your order has been submitted it constitutes an offer to AOM Fitness to buy the products specified in your order on and subject to these terms and conditions.

When we receive your order, we will send you an Order Confirmation email acknowledging receipt to the email address which you have provided. This email will contain your order reference number and details of the goods ordered. Please note that this acknowledgement email is not acceptance by us of any offers to purchase goods.

We reserve the right to refuse any order prior to our acceptance.

All orders are subject to acceptance by us. Acceptance is confirmed when we send you an Order Dispatch email. This email will include details of the products ordered; confirmation of the taking of payment from your credit/debit card; and details of when the goods are being prepared for dispatch. The contract between us will only be formed when we send you the Order Dispatch email, whether or not you receive such email.

If we do not take payment in full from your credit/debit card we cannot accept your order.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Dispatch email.

Risk and title
The Products will be at your risk from the time of delivery.

Ownership of the ordered products will only pass to the customer when AOM Fitness receives full payment of all sums due in respect of the products, including delivery charges if any.

Vouchers & Discount Codes
Discount codes – We may from time to time offer Discount codes to account holders. These codes will only be applicable to the particular account it was offered to and to purchases made through that particular account.

Promotional discount codes – We may from time to time offer Promotional discount codes which may apply in respect of any, or certain specified, purchases made through this Site.

Returning Goods

Due to the nature of these digital download products we are unable to offer refunds once you have downloaded the product. Please only download if you are certain you have purchased the correct product. Please only download if you are certain you have purchased the correct product.

We are unable to revoke access to your files.

AOM Fitness Liability
AOM Fitness warrants to you that any product purchased from us through this Site is of satisfactory quality and reasonably fit for its purpose. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased.

The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law AOM Fitness and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, consequential, special, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect AOM Fitness liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Events outside our control
AOM Fitness will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract formed with a customer under these terms and conditions that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event is an act, event, omission or accident beyond our reasonable control, and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.

During any period that the Force Majeure Event continues AOM Fitness’s duties and performance under any contract formed with a customer under these terms and conditions is deemed to be suspended and we will have an extension of time for performance for the duration of that period. AOM Fitness will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

Severability
If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Material you submit
We may from time to time provide interactive services on the Site, including chat rooms, bulletin boards and areas on the Site where customers may submit their opinions or comments generally.

Where we do provide any interactive service, we will we will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and AOM Fitness will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, AOM Fitness is under no obligation to oversee, monitor or moderate any interactive service provided on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not.

Content Standards
These content standards apply to any and all material which you contribute to the Site (“Contributions”), and to any interactive services associated with it.

You must comply with the spirit of the following standards. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from AOM Fitness, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

By submitting any material to us, you automatically grant AOM Fitness the exclusive right and royalty-free license to use, reproduce, edit, publish, incorporate with other works in any form or media, translate, create derivative works from, modify, distribute and display such material, or part of it, worldwide.

AOM Fitness is not obliged to publish any material submitted by users on any AOM Fitness publication.

We advise you not to submit personal information about yourself or anyone else (telephone number, address or email address or other details that might allow you to be personally identified) on community areas of the Site. By submitting any material to us, you agree to use the AOM Fitness community areas in accordance with these Terms and Conditions.

In certain circumstances AOM Fitness may share your contribution with third parties.

Misuse
You may use this Site only for lawful purposes. You must not misuse this Site. You will not: commit or encourage a criminal offence or use the Site in any way that is fraudulent or breaches any applicable local, national or international law or regulation; transmit or distribute a virus, worm or post any other material which is malicious or offensive, technologically harmful, in breach of confidence; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

You also agree not to reproduce, duplicate, copy or re-sell any part of this Site in contravention of the provisions of these terms.

Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. AOM Fitness may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

AOM Fitness reserves the right to delete any contribution, close or take action against any account, at any time, for any reason. This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of the Site.

If you do not want to grant AOM Fitness the permission set out above on these terms, you must not submit or share your contribution on the Site.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.

Indemnity
You agree to indemnify, defend and hold harmless AOM Fitness, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Site or your breach of these terms and conditions.

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement
AOM Fitness intends to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Ireland and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Irish courts.

Marketing
AOM Fitness may sometimes update you on our latest products, news and special offers via e-mail, post and/or telephone. You have the option to opt-out of receiving marketing communications from us. You can also click on the “unsubscribe” link in any email communications you may receive from us.

Cookies
We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies are small text files that a web site transfers to a site visitor’s hard drive or browser. They help us to improve our site and to deliver a better and more personalised service. You may refuse to accept cookies in your internet browser settings. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Site.

Site Statistics
We may disclose aggregate, anonymised statistics about the number of visitors to this Site or number of purchases made as required by our investors. Both the cookies and the embedded code provide statistical information about visits to pages on the Site, the duration of individual page view, paths taken by visitors through the Site, data on visitors’ screen settings and other general information. AOM Fitness uses and stores this type of information, as with that obtained from other cookies used on the Site, to help it improve the services to its users. We may use an independent measurement and research company to gather data regarding the visitors to this Site using cookies and code which is embedded in the Site. Further information regarding the way in which this information is obtained and used can be obtained by contacting us.

Transfers of your Personal Information
Your personal information we collect may be transferred to, and stored at, a destination outside the European Economic Area. It may also be processed by staff operating outside the European Economic Area who work for AOM Fitness or one of our suppliers. This may, for example, be required in order to fulfil your order, process your payment details or provide support services.

The transmission of information via the Internet is not completely secure which is beyond our control. We will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Disclosures of your Personal Information
We may disclose your personal information to third parties: in the event that AOM Fitness sells or buys any business or assets; if AOM Fitness or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of AOM Fitness, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Third party sites
Our site may contain links to and from the websites of our partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Checking your Details
If you wish to verify the details you have submitted to us you may do so by contacting us via the e-mail address or address given below. We require proof of identity, in the form of your e-mail address and password submitted upon registration, before we reveal information. You must keep this information safe as you will be responsible for any action we take in response to a request from someone using your e-mail and password. We would strongly recommend that you do not use the browser’s password memory function as that would present the risk of other people using your terminal to access your personal information.

Contacting us
AOM Fitness Ltd is the data controller for the purpose of the Data Protection Act 1998 (the Act).

You have the right to access the information held about you exercisable in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

If you have any questions or if you would like us to stop processing your information, please do not hesitate to contact us.