PARTIES
“ Mustepay“, “we“, “us” means Mustepay Limited, its subsidiary companies and associated companies and its agents, directors and employees. “You” or “User” means the person specified as the user in the registration form or the person visiting the Site. “Site” means www.schoolofcalisthenics.com and www.classroom.schoolofcalisthenics.com.
The Site is operated by Mustepay which conducts business across the world. Mustepay office address:
Mustepay Ltd
35 Edison Way
Arnold
Nottingham
England
NG5 7NE
YOUR AGREEMENT
All content on the “Site” is owned and operated by Mustepay and is made available to you for information purposes only. By accessing or using the Site, you agree to these terms and to Mustepay’s Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
If you do not agree to these terms, you must not use the Site.
INTELLECTUAL PROPERTY RIGHTS
Mustepay is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy and may download extracts of any page(s) from the Site for your personal use and you may draw the attention of others to content posted on the Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Mustepay’s status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from the Mustepay or Mustepay’s licensors.
If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at Mustepay’s option, return or destroy any copies of the materials you have made.
RISKS OF PRODUCT USE
Content from the Mustepay Site, ebooks, social media channels, YouTube, Vimeo or information provided through our App is not a substitute for direct, personal, professional medical care and diagnosis. None of the meal plans, training programmes or information provided by the Mustepay on any platform or format should be performed or otherwise used without clearance from your physician or health care provider first. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on the Site or in content provided by us should be misconstrued to mean otherwise.
There may be risks associated with using equipment available on the Site and participating in activies mentioned on the Site or on other formats or platforms for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in any exercises provided by the Mustepay if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. These risks may also exist for those who are currently in good health right now.
As with any exercise programme you assume certain risks to your health and safety. Any form of exercise programme can cause injuries, and the Mustepay Site, platforms and products that we use are no exception. It is possible that you may become injured doing calisthenics exercises, especially if they are done with poor form or technique. Although thorough instruction is included on form for each exercise, realize that exercises from the Mustepay (like any other exercise programme) does involve a risk of injury. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health right now.
No one at the Mustepay is a medical doctor. The advice whether it be on this website, in recipe or meal plans, exercise programmes or via email or social media, none of it is meant as a substitute for medical advice. You must consult your doctor before beginning ANY meal plan or exercise programme, no exceptions.
DISCLAIMER
No responsibility or liability is accepted by the Mustepay, its partnership or any persons associated with the Mustepay for any loss, damage, injury or illness occurred as a result of any person following the information displayed on any page of the Site, our app-based content, social media channels (Twitter, Instagram, Facebook, LinkedIn), YouTube, Vimeo or following any exercises outlined in downloadable items available on the Site or the website of any affiliate.
While Mustepay has made every attempt to ensure that the information contained on the Site is accurate and reliable at the time of its publication, it cannot accept responsibility for any errors, omissions or inaccuracies, or for the results obtained from the use of such information.
The information on the Site and its associated websites should be used for guidance and educational purposes only and is not intended to replace medical advice. Each case or situation is unique and users are advised that definitive advice can only be provided from the appropriate medical professionals. It is your responsibility therefore to consult a medical professional before attempting any of the training and / or exercises outlined within any area of the Site and associated websites, links or associated downloads.
Information on the Site may be incomplete, out-of-date, or incorrect and may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. The information contained herein is provided “as is” without any express and/or implied representations or warranties. Mustepay disclaims all warranties with regard to the information contained on the Site including all implied warranties of merchantability and fitness for a particular purpose. Mustepay may change or make improvements to the products and/or the services described at any time without notice but does not assume any responsibility to update it.
Mustepay does not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. Mustepay may suspend, withdraw, discontinue or change all or any part of the Site without notice. Mustepay will not be liable to you if for any reason the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
LIMITATION OF OUR LIABILITY
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, Mustepay excludes all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
Mustepay will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Site; or
use of or reliance on any content displayed on the Site
If you are a business user, please note that in particular, Mustepay will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; and/or
any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Mustepay will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
Mustepay assumes no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. Mustepay will not be liable for any loss or damage that may arise from your use of them.
WAIVER OF LIABILITY
The Mustepay coaches are professionals and have appropriate certifications and insurances. They are committed to creating a safe training environment where your physical and mental health and wellbeing is a priority and this will deliver progressive physical training that is appropriate to your level and needs.
By agreeing to these terms and conditions, you agree to follow the instructions given to you by the Mustepay coaches whether these are provided face-to-face or via online or digital content.
I have reviewed and understand this waiver and voluntarily agree to the following:
I will be partaking in calisthenics, gymnastics, yoga and strength and conditioning training with the Mustepay held at various locations in the UK, worldwide and online from the date of agreeing to these terms and conditions,
I understand and accept that I am at all times, responsible for my own safety as well as the safety and security of my personal belongings.
I accept that calisthenics and strength training may include the use of equipment and I will exercise great care in its use.
I accept responsibility for determining whether my physical condition is appropriate for calisthenics and gymnastics-based strength training and have reviewed the Physical Activity Readiness Questionnaire below:
Has your GP/Consultant ever said that you have a heart condition and that you should only perform physical activity recommended by a GP/Consultant?
Do you feel pain in your chest when you perform physical activity?
In the past month, have you had chest pain when you were not performing any physical activity?
Do you lose your balance because of dizziness or do you ever lose consciousness?
Do you have a bone or joint problem that could be made worse by physical activity or a change in your physical activity?
Is your GP/Consultant currently prescribing any medication for your blood pressure or for a heart condition?
Are you pregnant or have you given birth in the last 6 months?
Do you know of any other reason why you should not engage in physical activity?
If you have answered “Yes” to one or more of the above questions, consult your GP/Consultant before engaging in physical activity. Tell your GP/Consultant which questions you answered “Yes” to. After a medical evaluation, seek advice from your GP/Consultant on what type of activity is suitable for your current condition.
Void of any negligence or lack of duty of care by the Mustepay coaches, staff and assistance, I engage in this type of training voluntarily, at my own risk and I am responsible for determining my own physical limits. Should I not follow instruction or ignore advice given to me by the Mustepay Limited, its partners, organisers, volunteers, employees, staff and affiliated organisations, I accept responsibility for any injury that I may cause myself or others.
In such a case, I agree to indemnify and hold harmless Mustepay Limited and its organisers, coaches, all affiliated organisations, staff and assistants from any and all injury I incur during any seminar, workshop, educational programme or training session/programme provided and/or organised by the Mustepay Limited.
I am of sound physical, mental and emotional health and can endure the stress of the practial and educations sessions held by the Mustepay Limited.
By using out online training programmes and coaching content you agree to the above.
To contact us, please email
[email protected]
VIRUSES
Mustepay does not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. Mustepay will report any such breach to the relevant law enforcement authorities and Mustepay will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
LINKING TO THE SITE
You may link to the Site’s home page, provided you do so in a way that is fair and legal and does not damage Mustepay’s reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Mustepay’s part where none exists.
You must not establish a link to the Site in any website that is not owned by you.
The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
We reserve the right to withdraw linking permission without notice.
PAYMENT FOR SERVICES
Some of the services on the Site are available for free. You agree to pay any fee for any services that you use which are not free of charge. Mustepay will notify you in all cases if the service you are trying to access is not free and give you the opportunity to choose to pay the fee for such a service.
Username (email address) and password (where applicable):
You are responsible for all use of any services made using your email address and password. You are responsible for protecting and securing your password from unauthorised use. If you believe there has been a breach of security of your password you should notify Mustepay immediately, or change the password using the facilities provided. You must not disclose your password to any third party to allow them to gain access to the registered service.
The user agreement allows only one user per registration. It is strictly forbidden for your access details to be used by another person to allow them into the registration areas. Mustepay has the ability to monitor access to the Site and reserves the right to cancel, without warning, any user abusing this agreement.
LINKS
In addition to locally mounted information, hyperlinks are provided to external websites and/or information sources as a service to you. All links are provided consistent with the academic mission of Mustepay. The appearance of external hyperlinks shall not be taken as implying any connection between Mustepay and the linked external information sources. These external information sources are outside Mustepay’s control. It is your responsibility to make your own decisions about the accuracy, reliability and/or correctness of the information contained therein. The appearance of external hyperlinks does not constitute an endorsement by Mustepay of the linked web sites, or the information, products or services contained therein nor does Mustepay exercise any editorial control over the information which you may find at these locations.
MODIFICATION OF THE SITE AND THESE TERMS
By providing material on the Site, Mustepay does not promise that the materials will remain available to you. Mustepay is entitled to terminate all or any portion of the Site at any time, without notice to you. Mustepay also reserves the right to change the terms, conditions, and notices for the Site at any time by updating this posting. Your use of the Site following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify for changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages on the Site.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party. You may terminate the agreement at any time, by destroying all materials obtained from the Site, along with all related documentation and all copies and installations. Mustepay may terminate this agreement at any time and without notice to you if, in its sole judgement, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
MISCELLANEOUS
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and School of the Calisthenics regarding all aspects of your use of the Site.
APPLICABLE LAW
If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. You and Mustepay both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and Mustepay both agree to the exclusive jurisdiction of the courts of England and Wales.
CONTACT US
To contact us, please email
[email protected]
PRIVACY POLICY
You can read a copy of our privacy policy here.