Terms of Use.

Terms of Use

www.oxolt.com (“Site”). Oxolt T/A Ox Strong Health Limited (company number 12538903), 59-61 Charlotte Street St Pauls Square Birmingham West Midlands B3 1PX (“Oxolt”). Throughout the Terms of Use we refer to them as ‘T&Cs’. A reference to ‘you’ or ‘your’ is a reference to you as a user of our Site. A reference to ‘we’, ‘our’, ‘company’ or ‘us’ is a reference to Oxolt, the provider of our Site.

Last updated 24th April 2023.

Please read these Terms of Use carefully before using our site as they are a legally binding agreement between you and us. The Terms of Use are the terms and conditions that set out how we agree to operate and communicate.

By using our Site, you confirm that you accept these T&Cs and that you agree to comply with them. If you do not agree to these T&Cs, you must not use our Site.

General

The headings used in these T&Cs are solely used for convenience only.

You may not assign or delegate any or all of your rights or obligations in this agreement. We may assign this agreement at any time without notice to you.

Our delay or failure to exercise or enforce any right or provision of these T&Cs shall not constitute or be construed as a waiver of such right to act.

We shall not be responsible for any breach of these T&Cs caused by circumstances beyond our control.

Nothing in these T&Cs shall be construed to create a joint venture, partnership, or agency relationship between you and us and neither you or we shall have the right or authority to incur any liability, debt or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.

Rights you are giving us to use material you upload

When you upload or post content to our Site, you grant to us a non-exclusive, royalty free, perpetual licence to copy, store, reproduce, display, sell, distribute, publish, adapt and otherwise use the content and any data or other information derived therefrom for any purpose whatsoever (including entering into agreements with third parties for the provision of the content or data derived therefrom).

You agree that Oxolt may, but shall not be required to, identify you as the source of the content you upload to our Site, whether on our Site or on any other medium through which such content or any derivative thereof is published or displayed.

Intellectual Property – Our Site

The copyright and all other intellectual property rights in our Site (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and other materials published on it) belong to us or our licensor(s). All such rights are reserved.

Subject to our Acceptable Use Policy, you may download material from our Site for the sole purpose of using our Site where we provide an option for you to do so. You may also print off one copy, and may download extracts, of any page(s) from our Site for your personal use.

However, you must not otherwise download, copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information from our Site for any purposes without our prior written consent. Further, you must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you download, copy or otherwise make use of any part of our Site in breach of these T&Cs, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Warranty and Disclaimer

We shall endeavour to ensure that any material available for downloading from our Site is not contaminated in any way, however, we do not warrant that such material will be free from infection, viruses and/or similar code.

Our Site is provided ‘as is’ and we accept no responsibility and make no representations, guarantees or warranties that our Site will operate continuously or be available for your use at any given time, without interruptions or be fault free. We may suspend, withdraw or restrict the availability of all or any part of our Site for business and operational reasons e.g., carrying out maintenance or upgrade work. We will try to give you reasonable notice of any suspension or withdrawal.

It is your responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of our Site and any information or content contained therein.

None of the information available on our Site is intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals if relevant to their particular circumstances. We shall not be liable for any losses suffered.

We give no warranty or guarantee that our Site or information available on it complies with laws other than those applicable under English law.

Security

We care about the security of our users. Whilst we work to protect the security of your account, we cannot guarantee that unauthorised third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorised use of your account.

You are responsible for the configuration of your information technology, computer programme and platform in order to access the websites. 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 our Site, the server on which our Site is stored, or any server, computer or database connected to our Site.

We 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 our Site or to your downloading of any content on it, or on any website linked to it.

Limitation of Liability

To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms which may apply to our Site or any content on it.

Nothing in these T&Cs excludes or limits our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

We shall 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, our Site; or

• Use of or reliance on any content displayed on our Site.

If you are a business user, we 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; or

• any indirect or consequential loss or damage.

We will not be liable for any failures of our Site due to software or internet errors or any other circumstances beyond our reasonable control.

We do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.

We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and our Site. We shall not be liable to you for any consequences arising out of or in connection with any use or attempted use of automated programs to obtain unauthorised access to our system or our Site.

If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purpose and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Indemnification

You agree to indemnify, defend and hold us harmless from any and all claims or demands, made by any third parties due to or arising out of your use of our Site, the violation of these T&Cs by you, or the infringement by you of any intellectual property or other right of any other person or entity.

You agree to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless (at our request) from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

Third Party Links, Sites and Services

Our Site may contain links to websites, services, offers, or other resources provided by third parties. These links are provided for your information only. We don’t endorse or assume any responsibility for any such third party sites, services, offers or other resources.

Our Site may also include advertising from third parties. We are not responsible for the content of this advertising and any misleading or inaccurate advertisements are the sole responsibility of the advertiser.

Furthermore, our Site contains data provided by third parties and we accept no responsibility for any inaccuracies within such data.

If you access any third-party websites, services or content from our Site you do so at your own risk and you agree that we have no liability arising from your use of or access to any third-party websites, services or content.

Rules about Linking to Our Site

You must not include links to our Site in any other site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other site any ‘deep link’ to any page on our Site.

You may link to our home page at www.oxolt.com and pages within our Site provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk.

We reserve the right to withdraw linking permission without notice and without giving a reason.

Our Site must not be framed on any other site.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Site is for UK Users Only

Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.

Governing Law

If you are a consumer, please note that these T&Cs, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these T&Cs, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

We may take action to enforce our intellectual property rights in any relevant jurisdiction.

Customer Feedback and Quality

Your views are important to us, and we try to ensure that all customer feedback is dealt with fairly, consistently and is properly recorded. We welcome any suggestions that you make as to how we might improve our service. Please contact us at hello@oxolt.com. We aim to acknowledge all customer feedback.

Medical

By utilising OXOLT personal trainer services, you acknowledge that any meal plans issued are not aimed to diagnose, treat, prescribe or cure any medical conditions. The meal plans issued are to guide and provide advice to complement and support your fitness goals solely. By using our resources and training plans, you acknowledge that you understand that OXOLT personal trainer services are recommendations and advice only and that you should seek the advice of a registered dietician or doctor if you feel you have a medical condition that requires a nutritional-based diagnosis, prescription or treatment.

We are not medical practitioners or dieticians. We strongly recommend that prior to commencing any diet or exercise regime you consult a medical practitioner and/or dietitian. We have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.

You acknowledge that when participating in any exercise or exercise program that there is the possibility of physical injury.

At the commencement of a training session:

a. you are participating at your own risk;

b. a suitable, non-slip floor space is required and any potential obstructions in the vicinity are removed before they participate;

c. to avoid activities if you have, or suspect you may have any current health concerns, injuries, aches and pains;

d. avoid the use of blades, weapons or sharp instruments of any description;

e. avoid physical contact with other participants and where appropriate, adhere to social distancing guidelines;

f. you should record / video all sets and movements and upload them to the training app (Team Buildr).

g. you may also change the training load (weight), if stated in the app, to a load of your choice. You understand that you do not have to use this weight.

ASSUMPTION OF RISK:

You agree that if you engage in any physical exercise or activity, including following training plans, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not.

You agree that you are voluntarily participating in the any activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise.

RELEASE:

You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Oxolt, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.

This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.

I understand that this personal training program may include exercises to build the cardio respiratory system (heart and lungs), the musculoskeletal system, (which involves muscular endurance, strength and overall flexibility), and to improve body composition (increasing muscle and bone and decreasing body fat) Exercise includes aerobic activities, such as walking, running, bicycle riding, rowing machine, group aerobics, swimming and other aerobic activities, weight lifting using dumbbells, machines and other equipment to improve muscular strength and endurance, as well as flexibility exercises to improve joint range of motion.

Disclaimers

No Warranty. If you choose to use the Services, you do so voluntarily and at your sole risk. The Services is provided “as is”, without warranty of any kind, either express or implied. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Third Party Links. The Website and, more generally, the Services may incorporate links to other sites and servers operated by parties independent from Company. Such links are provided for your reference only. We do not control such sites, and are not responsible for their content. Company’s inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their content.

User Content. We are not responsible for the content of any Uploaded Content or the actions of any of our users or of third parties who may link to the Uploaded Content.

General Provisions

No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Company’s Services. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Company’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Company’s prior written consent. Company may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

Description of Potential Risks:

I understand that the reaction of the heart, lung, blood vessels as well as other systems to exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during the following exercise, which include abnormalities of blood pressure or heart attacks as well as other side effects. Use of weight lifting equipment, and engaging in heavy body calisthenics may lead to musculoskeletal strains, pain and injury if adequate warm-up, gradual progression, and safety procedures are not consistently followed. I understand that Oxolt shall not be liable for any damages arising from personal injuries sustained by client (buyer) while and during and/or from a personal training program does so at his/her own risk. Client (buyer) assumes full responsibilities for any injuries or damages which may occur during and/or after training.

I hereby fully and forever release and discharge Oxolt (seller), its assigns and agents from all claims, demands, damages, rights of action, present and future therein.

I understand and warrant, release and agree that I am in good physical condition and that I have no disability, impairment or ailment preventing me from engaging in active or passive exercise that will be detrimental to heart, safety, or comfort, or physical condition if I engage or participate (other than those items fully discussed on the health history form).

I state that I have had a recent physical check up and have my personal physician’s permission to engage in aerobic and/or anaerobic conditioning.

I acknowledge that I have either had a physical examination and have been given my doctors permission to participate, or that I have decided to participate in activity and use of equipment and machinery without the approval of my doctor; I assume all responsibility for my participation in activities, and use of equipment and machinery in my activities.

I declare myself to be physically sound and suffering from no condition, impairment, disease or infirmity or other illness (other than those declared on the PARQ medical questionnaire) that would prevent my participation or use of equipment or facilities except as herein stated.

Limitation of Liability

In no event shall Company, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, be liable to you or any other entity for any incidental, special, exemplary, punitive, consequential, or indirect damages (including personal injury or emotional stress to you or other affected persons or property, or the cost of procurement of substitute s) arising out of or in connection with your use or inability to use the Services or Website, including without limitation any copyright or other intellectual property claims based on the content of your Uploaded Content.

Description of Potential Benefits:

I understand that a program of regular exercise for the heart, lungs, muscles and joints has many benefits associated with it. These may include a decrease in body fat, improvement in blood fats and blood pressure, improvement in physiological function and decrease in heart disease.

INDEMNIFICATION:

By execution of this agreement, you hereby agree to indemnify and hold harmless Oxolt from any loss, liability, damage, or cost we may incur due to the provision of personal training by us to you.

ACKNOWLEDGMENTS:

You acknowledge that we offer a service to his/her clients encompassing the entire recreational and/or fitness spectrum.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement.

You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against us for the trainer’s negligence, or for any defective product used while receiving personal training from us. You have read the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

Affiliate Disclaimer

Oxolt may receive monetary and other forms compensation from Affiliates for various advertising, sponsorships, insertion orders and promotional campaigns that we feature on the Site. Thus, there is paid connection between each product or service mentioned, reviewed or recommended on this Site and the Affiliate (i.e., the owner of that third party product or service). If you ultimately decide to purchase a product or service mentioned on the Site, Oxolt may receive additional compensation from that purchase from the Affiliate. Every effort has been made by Oxolt to provide true and accurate statements in regard to any and all products or services mentioned, reviewed or recommended by Oxolt on this Site.

Further, the Site posts or otherwise promotes content, including editorial content, which may feature third party products and services (the “Affiliate Products”) and which may link to third party owned and operated web sites where you can purchase Affiliate Products. Any time that you click on a link to an Affiliate’s Product on the Site and then follow the link to purchase an Affiliate Product on the Affiliate’s web site, Oxolt will receive compensation from the Affiliate offering the Affiliate Product. The content featuring Affiliate Product(s) may not always be identified on the Site as paid or sponsored content and the compensation that we receive from Affiliates may influence what content, topics or posts we make on the Site and where they are posted.

Even though we may receive compensation in connection with your purchase of Affiliate Products as outlined above, we still seek to provide our honest opinions, findings, beliefs, and experiences as they relate to the products and services that are featured on the Site.

Also, you will regularly see third party ads posted on the Site. Each time you click on an ad, we may receive compensation from the third-party advertiser, even if you do not purchase something from the third party.

Should you have any questions, comments or concerns and would like to receive an answer or ask a question prior to purchasing any product or service mentioned on this Site, you can contact us at: hello@oxolt.com

Risk

By using this website, the information contained in it, and any training plan or resource - you expressly acknowledge and agree that you:

• do so voluntarily and at your own risk and liability; and

• assume all risk of injury to you.

Refund Policy

We do not offer any refunds. Your statutory rights are unaffected.

Insurance

Personal Training insurance is through Insure4Sport, Policy Number: I4S668572, Coach: Nathan Oxford