#doingourbit

TERMS & CONDITIONS

fit4thefight NHS members area

TERMS OF USE - USERS

1. Information About Us

fit4thefight.org is a website operated by fibodo Limited (we, us, our). We are a company registered in England and Wales with company number 08904097 and have our registered office at Victory House, 99-101 Regent Street, London W1B 4EZ.

2. Terms of Use

2.1 This page (together with the documents referred to on it) sets out the Terms of Use on which users (you, your or User) may make use of fibodo.com and the fit4thefight.org (together with any other software, provided to you by, or on behalf of, us, including both local and remotely accessed software and any update and/or upgrade to any of them) (together and separately, the Site), Please read these Terms of Use carefully before you start to use the Site. By using the Site, you indicate that you accept these Terms of Use, which include the privacy policy that applies to the Site (the Privacy Policy) and that you agree to abide by them.

2.2 Your use of the Site is subject to your compliance with these Terms of Use. By using the Site, you accept these Terms of Use and agree to comply with them. If you do not agree to these Terms of Use in full (together with the documents referred to herein), you must not use the Site. A breach of these Terms of Use may result in your access to the Site, your account and the services provided thereunder being revoked.

2.3 We may update these Terms of Use from time to time, and you agree that you will be bound by the Terms of Use published using the Site when you use the Site. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of such changes. If you do not agree to such changes, you should stop using the Site.

3. Eligibility

To use this site you must be either an NHS Staff member, or from an affiliated academic organisation or invited by the NHS in relation to the campaign #doingourbit

4. Users and Services

4.1 Our Site is available for those individuals seeking sport and activities online, seeking information about such activities, and connecting those interested in such activities with the providers of said activities (Hosts).

4.1.1 The nhs-members-area of fit4thefight.org is specifically for the download and stream of curated and donated content in line with the site disclaimer https://www.fit4thefight.org/disclaimer

4.2 Our Site enables Users to:

4.2.1 Register

4.3.2 Stream and download content provided to the NHS

4.5 Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable, non-sub-licensable, revocable licence to use the Site for your personal use, and only in accordance with these Terms of Use.

4.6 You agree that we may suspend access to the Site or close the Site indefinitely without notice.

4.7 We make no attempt to, and you agree that we have no responsibility to, confirm the identities of Users of the Site.

4.8 You agree that you will not use the Site for any purpose other than those set out in paragraph 4.2 above.

5. Account Security

5.1 Users will be responsible for all activities which occur under their account on the Site (your account). It is your responsibility to keep your account safe and secure. Please do not share the password to your account with anyone and always ensure that you log-off when not using the Site and ensure that devices which you use to access the Site are securely locked when not in your possession.

5.2 We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms of Use. You may not use another person's account at any time without the express permission of the account holder.

5.3 You must immediately notify us of any unauthorised use of your password or account or any other breach of security.

6. Safety and Feedback

6.1 At any time should you wish to report and issue related to security online, please report to operations@fibodo.com

7. User Accounts

7.1 Users may use the Site to create a user account free of charge. Users agree to disclose true and complete information during the account registration process, and to update user information promptly in the event that it changes.

7.2 We reserve the right to refuse access to the Site to anyone at our sole discretion without giving a reason.

8.10 Discounts may apply in the following circumstances and in accordance with the pricing on the Site:

8.10.1 Package Rates: where a User books a package of Host Services the rates may be expressed as "X for Y" (e.g. "4 for 3") so that the package is priced below the cost of X number of Host Services if booked individually. Package bookings may be discounted as set out on the Site when booking the Host Service and are only offered where expressly stated when purchasing the Host Services.

8.10.2 Discounted Services: discounted rates may apply where a User books a Host Service at short notice prior to the relevant Host Service. Bookings may be discounted as set out on the Site when booking the Host Service and are only offered where expressly stated when purchasing the Host Service.

8.11 By booking Host Services using the Site, you agree to the payment conditions set out in Schedule 1(User Payment conditions).

9. Prices and Payments

9.1 The content made available to the nhs-members-area is free of charge.

10. Cancellations and Refunds

10.1 Should you wish to cancel your account please email to operations@fibodo.com

11. User Obligations

11.1 You agree:

11.1.1 that you will not use the Site to procure or attempt to procure any services which are controlled, regulated or banned by law;

11.1.2 that we take no responsibility for the quality of the content offered by any Host through the Site; and

11.1.3 that we do not conduct any due diligence on PT’s, and you rely on any feedback obtained through the Site or Service entirely at your own risk.

11.2 you have read and agree with the disclaimer on the site

https://www.fit4thefight.org/disclaimer

12. Acceptable Use Policy

12.1 All Users agree that:

12.1.1 they will not decrypt, extract, disassemble, reverse-engineer or decompile the Site;

12.1.2 they will not use the Site other than as a single product;

12.1.3 the right to use any upgraded or updated version of the Site replaces the right to use the Site being upgraded;

12.1.4 the Site contains confidential information, proprietary information and trade secrets and that any and all intellectual property rights and other rights in the Site are and will be owned by us and our licensors;

12.1.5 they will not use the Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

12.1.6 they will not:

(a) remove any identification or notices of any proprietary or copyright restrictions from the Site or any associated materials,

(b) include any portion of the Site in any other software program, or

(c) develop methods to enable unauthorised parties to use the Site;

12.1.7 they expressly waive any rights you may obtain through application of the law of any jurisdiction or otherwise that are inconsistent with these Terms of Use, so far as is permitted by applicable law;

12.1.8 they will not create any modifications or derivative works directly or indirectly using the Site, or components thereof, and any modifications or derivative works created directly or indirectly using the Site, or components thereof, or enhancements to the Site, shall vest on creation in, and be owned exclusively by, us, and you shall promptly execute any further documentation required to legally or commercially effect such assignment;

12.1.9 they will not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware of the Site;

12.1.10 they will not damage, interfere with or disrupt the Site in any way;

12.1.11 they will not use the Site or information obtained from the Site to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

12.1.12 they will not use the Site in a way which infringes the rights of anyone else, harasses anyone else, is harmful, or otherwise restricts or inhibits anyone else's use and enjoyment of the Site;

12.1.13 they will not use the Site to impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;

12.1.14 they will not post comments about yourself or which are not in good faith and in accordance with their honestly held belief;

12.1.15 they will not use the Site for the purpose of harming or attempting to harm minors in any way; and;

12.1.16 they will not use contact details obtained using the Site to harass any person.

13. Our liability

13.1 You agree that we do not review listings or content posted by any Host and we have no control over or liability for the truth, accuracy or fairness of any post, feedback, response or listing, or the quality, safety or legality of any items listed. You agree that we are not a party to any transaction between a Host and a User made using the Site, and have no control over or liability for the actions of any Host, including their ability or willingness to comply with any agreement to supply any services.

13.2 We will supply the Site using reasonable skill and care but we make no other representations, warranties or guarantees, whether express or implied, with respect to the Site. You accept that the Site is provided on an 'as is' basis. You agree that we have no liability for:

(a) the actions of other Users of the Site, including during the performance of Host Services;

(b) any loss you may suffer as a result of any interruption of the operation of the Site;

(c) the lawfulness of the content of any listing or of any services listed on the Site; or

(d) the accuracy of any information provided by Hosts or Users of the Site.

13.3 To the extent permitted by applicable law, we expressly exclude all other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

13.4 You agree that we, and our directors, employees, officers, agents, subsidiaries and affiliates shall, to the extent permissible by applicable law, not be liable to you in contract, tort or otherwise in respect of any loss of data, revenue, profits, opportunity, goodwill, data or reputation, whether direct or indirect, or for any indirect or consequential loss or damage.

13.5 Information published using the Site is not intended to amount to advice on which reliance should be placed, and you agree we have no liability for reliance placed on any information published using the Site by any third party.

13.6 Our liability to you under or in connection with these Terms of Use is limited to £100 (one hundred pounds sterling). We will not be liable for Host Services which were not provided where you have not notified us of them not being provided.

13.7 Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by our negligence (as defined in the Unfair Contract Terms Act 1977), liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

14. Indemnity

14.1 You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of any claims brought by third parties arising from or related to your access or use of the Site or other information made available by you to the Site.

15. Content

15.1 The Site and the material published using them, are protected by copyright and intellectual property laws and treaties around the world. If any such rights belong to us or our licensors, they are reserved.

15.2 The content available through the Site is protected by intellectual property law, including copyright, and you agree that you will not reproduce, distribute, copy or publicly display any content which is not your own content, except to the extent required for your use of the Site in accordance with these Terms of Use.

16. Privacy

16.1 You agree that we and Hosts may process personal information about you gathered from your use of the Site in accordance with our Privacy Policy which is available at www.fibodo.com.

16.2 You agree that you will not use any contact details or other personal information obtained through use of the Site except for receiving the benefit of the Host Services or as explicitly agreed by the subject of the personal information.

16.3 You agree that we may disclose your identity to any party who claims that the utilisation of your account infringes their rights, or to any public authority in any jurisdiction on request.

17. Suspension and termination

17.1 You acknowledge and agree that we may, in our sole discretion, suspend or terminate your account and/or your access to the Site at any time for any reason and without notice to you.

17.2 You agree that we shall not be liable to you or to any third party for any suspension and/or termination of your right to use or otherwise access the Site.

17.3 You may stop using the Site at any time, but you will remain liable to provide or pay for (as applicable) any Host Services you have agreed to provide or procure.

17.4 Termination of your account and/or access to the site shall not affect any accrued rights or liabilities.

18. Linking

18.1 You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.

18.2 Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those external sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

19. Access

You agree that you will not use any scraper, spider, robot, harvesting bot or other automated means to access the Site without our express written consent, and you will not interfere with the operation of the Site or place an undue strain on our infrastructure.

20. Other important terms

20.1 We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms of Use to any company, firm or person. We can only do this if it does not affect your rights under these Terms of Use. You may not assign, subcontract and/or otherwise transfer your rights or obligations under these Terms of Use to anyone else except with our written consent.

20.2 If any of these Terms of Use, including any part of any term, is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use or the relevant part thereof shall remain in full force and effect.

20.3 Any failure by us to exercise or enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision.

20.4 Except as expressly stated in these Terms of Use, nothing in these Terms of Use is intended to confer any rights, remedies or benefits upon any person other than you and us.

20.5 These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

20.6 Subject to clause 13.7 , you confirm that you have not been induced to enter into a contract on these Terms of Use by any prior representations, whether written or oral, except as specifically reproduced in these Terms of Use and you hereby waive any claim for breach of any such representations which are not specifically reproduced in these Terms of Use.

20.7 In these Terms of Use the use of the word "including" shall not limit any preceding category.

20.8 Nothing in these Terms of Use is intended to or shall give rise to any relationship of employment, agency, partnership, joint venture or profit sharing.

20.9 These Terms of Use are governed by and interpreted in accordance with the laws of England and Wales. If we or you choose to bring proceedings in connection with these Terms of Use, we or you must do so in the courts of England and Wales, or the courts of the jurisdiction you live in.

21. Contact Us

If you have any concerns about material which appears on the Site, please contact us by email at info@fibodo.com.