Terms & Conditions

“My Peak” is a trading name of Peak Health and Fitness.

This page informs You the user and/or purchaser (referred to as “ You ” or Your ”) of the Website Terms and conditions – together with the pages linked within them – (collectively the “ Website Terms ”) under which:

  • You may access and use any and all pages of this website at my.peakhealth.fitness (the “ Website ”); and/or
  • place an order on or through the Website for any of the digital or streaming products and/or services concerning health and/or fitness activates listed on the Website to include but not limited to mobile and desktop applications and online video recorded live (but not live when provided as digital files or streamed).

Please read these Website Terms carefully before using (or continuing to use), and/or registering on or purchasing from, the Website. Please also print a copy of these Website Terms (and pages linked within them) for future reference and also read Our Privacy Policy and Cookies Policy regarding Your personal data and data collection.

By continuing to access and use the Website You acknowledge that You accept the Website Terms.

CONSUMER NOTICE: If You are using this Website (and/or purchasing from it) as a consumer, Your statutory rights will not be affected in any event.

PARENT & GUARDIAN NOTICE: If You are a parent or guardian, it is Your responsibility to monitor and supervise Your child’s use of the Website. If the child is under the age of sixteen (16) then they are not permitted to use My Peak.

HEALTH & SAFETY NOTICE: The Website offers health, fitness and nutritional information for educational purposes only. None of it is medical, psychiatric, counselling or other advice or treatment of any kind (nor should be relied on as such advice or treatment) of any kind. You must ensure that My Peak is only used once You are in a safe and secure place, that is clear of all dangerous items or hazards. No use should be made when: (i) You are driving or in control of another vehicle or mode of transport, (ii) You are or in an area with insufficient space to perform any exercise or activity resulting from viewing or copying instructors, (iii) You are in an area with flooring that can not handle the load or strain from exercise or activity resulting from viewing or copying instructors, and (iv) You have not got clearance from a suitable qualified doctor to participate in the applicable exercise and activities or follow any information on the Website. Do Not disregard, avoid or delay obtaining medical, psychiatric, counselling advice or treatment because of something or may have read or understood from the Website and/or anything you may have read on My Peak. Advancements in medical, psychiatric, nutritional and other related fields are being made on an ongoing basis and so information on the Website may become out of date. You are required to complete a PAR-Q (Physical Activity and Readiness Questionnaire) before commencing use of the Website.

CONDUCT NOTICE: It is a strict pre-condition of using the Website and/or membership for the My Peak Service and/or using the My Peak Service that You will be civil and respectful to instructors, staff of Peak Health and Fitness and other users at all times. This conduct includes, but is not limited to: no swearing or abusive behaviour, no deceptive behaviour, no impersonation of other people, no harassment or stalking, no grooming of underage children, no unlawful discrimination on grounds of gender, race or other protected characteristic and no unapproved marketing or sale activity.

  • 1 Introduction
    • 1 For convenience, unless the context clearly requires otherwise:
      • 1.1 Peak Health and Fitness will be referred to as “ My Peak ” or “ We ” or “ Us ” or “ Our ”. My Peak and Peak Health and Fitness are trading names, marks, brands and styles of Peak Health and Fitness and any use of them in context is a reference to Us.
      • 1.2 Any contract formed between You and My Peak to access and/or use the Website and/or for You to register with Us and/or for You to purchase the My Peak Services from Us on or through the Website or otherwise will be referred to as a “ Contract ”.
    • 2 These Website Terms are incorporated into any contact or communication between (and/or respective conduct of) You and My Peak, and each Contract (irrespective of how it is formed).
    • 3 Subject to Term 14.1, the express written contents of these Website Terms will prevail (to the fullest extent permitted by law) over any inconsistent statements, representations, warranties and terms whatsoever and howsoever binding
    • 4 Any descriptions, specifications, drawings or performance figures supplied to You or published by My Peak are approximates only.
    • 5 Regardless of whether or not You choose to be registered with Us or order from Us, You agree to be bound by these Website Terms by accessing and/or using the Website and/or placing an order on or through the Website. If You do not accept these Website Terms, do not continue to access and/or use this Website (and/or do not register and/or place an order on or through it).
    • 6 Only a formally appointed and registered Partner of My Peak is authorised to agree to material changes to these Website Terms and/or any Contract. You agree to satisfy Yourself that the person who is purporting to agree material changes is in fact such a Partner. You should not rely upon purported changes authorised and/or approved by any other person (including but not limited to those that purport to be a Partner in name and/or title).
  • 2 PRE-CONTRACT Information
    • 1 The Website is operated by Matrix – a Creative Agency.
    • 2 We are a Partnership, that is registered in England and Wales.
    • 3 Our trading address is at Unit 1A, Westbridge Trading Estate, Westbridge Industrial Estate, Tavistock, Devon, PL19 8DE
    • 4 Our email address mypeak@peakhealth.fitness
    • 5 For security and training purposes, telephone calls to and from any partner, officer or employee or representative of Peak Health and Fitness may be recorded or monitored.
    • 1 If the Website requires registration at any time, You must be over sixteen (16) years of age to register.
    • 2 Each such registration is for a single user only. We do not permit You to share Your user name and password with any other person nor with multiple users on a network.
    • 3 Responsibility for the security of any username and/or password issued rests with You. If You know or suspect that someone else knows Your username and/or password, You should contact Us immediately in writing.
    • 4 We may suspend or cancel Your registration immediately at Our reasonable discretion or if You breach any of Your obligations under these Website Terms. This is without prejudice to any of Our other rights and remedies.

By accessing, using, registering on or placing an order through The Website (and/or by obtaining any purchased digital content from Us or by watching any streaming service on the Website)) You confirm that:

  • 1 You are authorised to lawfully and properly access and/or use this Website and/or register on it and/or place an order on or through it.
  • 2 You are solvent and otherwise legally capable of entering into binding contracts with Us in accordance with the laws of England & Wales.
  • 3 You are at least eighteen years old (18) years old. Where you are sixteen (16) or seventeen (17) you have parental consent to use the site.
  • 4 You are able and willing to comply with and observe Your obligations and duties under and/or in relation to these Website Terms.
  • 5 You are able and willing to comply with all applicable laws in Your jurisdiction concerning access to, use of and purchases from the Website.
  • 5 New Website Terms
    • 1 We may revise or replace the whole or any part of these Website Terms at any time by updating this posting. Any such revisions or replacements will take effect when posted on the Website (see date at the top of this page).
    • 2 It is Your responsibility to check this Website each time You access, use, continue to use, register or order on or through the Website, to review the then current Website Terms. This is because the Website Terms, as they are in force from time to time, are binding on You.
    • 3 Certain provisions of these Website Terms may be superseded by expressly designated legal notices or Website Terms located on particular pages of this Website. If You do not wish to accept any new Website Terms after We have given notice, You should not continue to access and/or use this Website and/or register on this Website and/or purchase any Peak Health and Fitness Services on or through this Website.
    • 4 In any event, Your continued use of the Website will signify Your acceptance to be bound by the latest version of the Website Terms.
  • 6 WEBSITE Access & Use
    • 1 You will be able to access and use some areas of this Website without registering Your details with Us. However, certain areas of this Website are only open to You if You register. In any event, the Website Terms apply whether You are a guest or a registered user.
    • 2 Access to the Website is permitted on a temporary basis only. Such permission may be withdrawn without notice.
    • 3 While We endeavour to ensure that this Website is normally available 24 hours a day, We will not be liable if for any reason this Website is unavailable at any time or for any period.
    • 4 From time to time, We may restrict access to some parts of the Website, or the entire Website for any and all users. We aim to update the Website regularly, and may change the content at any time. If the need arises, We may suspend access to the Website, or close it indefinitely.
    • 5 Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material.
    • 6 If You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our opinion You have failed to comply with any of the provisions of these Website Terms.
    • 7 You are responsible for making all arrangements necessary for You to have access to the Website. You are also responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Website Terms, and that they comply with them.
    • 8 Commentary and other materials posted on the Website are not intended to amount to medical or other advice or treatment of any kind on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
    • 9 We process information about You in accordance with the Privacy Policy . The Cookies Policy also applies in respect of data collection. By using the Website, You consent to such processing and/or use, and You confirm that all data provided by You is accurate.
    • 10 Whenever You make use of a feature that allows You to upload material or data to the Website, or to make contact with other users of the Website, You confirm that any such contribution will be in compliance with these Website Terms and all applicable laws. Any data that is not covered by the Privacy Policy and/or Cookies Policy that You upload to the Website will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose Your identity to any third party who is claiming that any material posted or uploaded by You or on Your behalf to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of the Website. We have the right to remove any material or posting made by You or on Your behalf on the Website if, in Our good faith opinion, such material does not comply with these Website Terms and/or any applicable laws and/or for any other reasonable reason.
    • 11 We may provide links on the Website to the websites of other persons, companies, businesses or entities, whether affiliated with Us or not. We cannot warrant, represent or undertake that Peak Health and Fitness Services You purchase from third party sellers through the Website, or from third parties to whose website We have provided a link on The Website, will be of satisfactory quality or fit for purpose or in accordance with Your expectations – and, accordingly, any such warranties, representations or undertakings are disclaimed by Us absolutely. This disclaimer does not affect Your statutory rights against the third party sellers and is subject to Term 14.1. We will notify You when a third party is involved in a transaction, and We may disclose Your customer information related to that transaction to the third party seller.
  • 7 ORDERS & Contract Formation
    • 1 All orders that You place on or through the Website are subject to acceptance in accordance with these Website Terms.
    • 2 You are deemed to place an order with Us by ordering via Our on-line checkout process. As part of Our checkout process You will be given the opportunity to check Your order and to correct any errors. The confirmation stage sets out the final details of Your order. Payments will be made through PayPal subject to their terms and conditions and policies.
    • 3 After You have placed an order for any of the Peak Health and Fitness Services, We may send You an order acknowledgement and/or confirmation email, detailing what You have ordered. Please note that this does not mean that Your order has been accepted in a legally binding way. Your order only constitutes an offer to Us for You to buy such Peak Health and Fitness Services from Us. All orders are subject to acceptance by Us, and We will confirm such acceptance by dispatching or streaming the Peak Health and Fitness Services to You by any means (digitally or otherwise). Therefore, a Contract will only form for the supply of Peak Health and Fitness Services when We have dispatched or began streaming (digitally or otherwise) Your ordered Peak Health and Fitness Services.
    • 4 We may refuse to accept Your order for any Peak Health and Fitness Services prior to sending an acknowledgement or confirmation email for that order, or prior to dispatching those Services by any means.
    • 5 Please note that in some cases, We may accept orders as agents on behalf of third party sellers. The resulting legal contract is between You and that third party seller, and is subject to the terms and conditions (and policies) of that third party seller, which they will advise You of directly. You should carefully review their terms and conditions (and policies) applying to the transaction.
    • 6 We may supply My Peak Services to You in instalments (for example streaming in parts or segments or as separate digital files), these Website Terms will apply to each such instalment.
    • 7 You will comply with all notes, instructions, guidance and recommendations given with any supplied My Peak Services (except where it is clearly obvious that the same are wrong or inappropriate).
    • 8 We do not file details of Your order for You to subsequently access direct on this Website. Therefore, please print out these Website Terms and the order acknowledgement or confirmation email for Your own records.
  • 8 RISK, Title & Delivery
    • 1 My Peak Services will be at Your risk from the time of delivery, but their ownership will only pass to You on delivery after We have received full payment of all sums due in respect of the those My Peak Services (including delivery charges and other related charges) in cleared funds.
    • 2 If You are unable and/or unwilling to comply with any obligation under any Contract, My Peak may suspend or discontinue supply of any of the ordered My Peak Services permanently or temporarily under that and any other Contract(s) until You have complied with those obligations. This is without prejudice to any of Our other rights or remedies.
    • 3 We make every effort for the My Peak Services to be delivered within the estimated time-scales. However, delays are occasionally inevitable due to unforeseen factors. My Peak will be under no liability for any delay or failure to deliver any one or more My Peak Services under any one or more orders within estimated time-scales (whether due to unavailability or for any similar or other reason whatsoever); however, if We are unable to supply You with Your ordered My Peak Services for any reason within 14 days of any estimated time-scales then We will provide You with a full refund for those ordered My Peak Services.
  • 9 PRICING and Payment
    • 1 FREE TRIAL: Your membership for the My Peak Services may begin with a free trial. If so, the free trial period will last for 7 days or when otherwise specified when registering for membership. You must have access to the internet through the device You wish to use and a current valid payment method as indicated during membership registration (or any replacement valid payment method from time to time due to a card change or other change). The payment method will be authorised for the free trial period. The payment method can be changed on the Payment Method Change Page.
    • 2 AFTER THE FREE TRIAL: Subscription fees automatically apply after the free trial period and will be billed to the payment method mentioned in Term 9.1.
    • 3 Payment for any My Peak Services must be by a valid credit or debit card that You are authorised to use for the total amount of Your order. You must comply with the terms and conditions (and policies) of any third party’s online payment system (e.g. PayPal). We cannot give any warranty, guarantee or assurance about such third party’s online payment system (and/or the security of payments made or date transferred using such third party’s online payment system).
    • 4 Starting any My Peak Service membership will be Your express agreement and authority for Us to charge to the term 9.1 payment method a recurring membership and/or subscription fee at the then current rate (and all other charges that We may incur in connection with Your use of the My Peak Services).
    • 5 Third party card payment processors (e.g. PayPal) may have their own charges that You agree to pay.
    • 6 We reserve the right to set a credit limit and to increase or decrease that credit limit. Once a credit limit is reached then, if it is not increased, the My Peak Services may be suspended pending full payment or authority for a different credit limit.
    • 7 Prices are in British pounds sterling, save where otherwise expressly stated on the Website.
    • 8 The price of any of the My Peak Services will be as quoted on the Website from time to time, except in cases of obvious error.
    • 9 All prices include VAT where VAT is applicable.
    • 10 Our prices and charges are reviewed periodically and are liable to change at any time, but changes will not affect orders in respect of which We have already dispatched the My Peak Services by any means.
    • 11 The Website contains a large number of My Peak Services and it is always possible that, despite Our best efforts, some of those My Peak Services may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that:
      • 11.1 where the correct price is less than Our stated price, We will charge the lower amount; but
      • 11.2 if the correct price is higher than the price stated on the Website, We will normally, at Our discretion, contact You before dispatch of My Peak Services for reconfirmation of Your order at the correct higher price or to give You the opportunity to reject Your order – if You then reject Your order in such circumstances, the My Peak Services will not be dispatched to You and You will receive a full refund.
    • 12 We are under no obligation to provide any ordered My Peak Services to You at the incorrect (lower) price, even after We have dispatched the My Peak Services to You, if You did not purchase the My Peak Services as a consumer under the law and the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mis-pricing.
    • 13 You must comply with all applicable laws and regulations of the country for which the My Peak Services are destined. We will not be liable for any breach by You of any such laws. You should seek Your own independent legal advice on such issues.
    • 14 To ensure that Your credit, debit or charge card is being used with Your consent, We may validate name, address and other personal information supplied by You during the order process against appropriate third party databases. By accepting these Website Terms You consent to such checks being made. In performing these checks personal information provided by You may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm Your identity, that a credit check is not performed and that Your credit rating will be unaffected. All information provided by You will be treated securely and strictly in accordance with the Data Protection Act 1998.
    • 15 Until and unless You pay for any My Peak Service purchased in full, You will not be entitled to claim any professional accreditation offered by the submission of any questionnaire or form that you receive with the My Peak Service for that purpose.
      • 1.1 Our fault. If You are ending a Contract for a reason set out at i. to v. below the Contract will end immediately and We will refund You in full for any My Peak Services which have not been provided. The reasons are:
        1. We have told You about an upcoming major change to the My Peak Services or these Website Terms which You do not agree (agreement can be signified by conduct or by other means);
        2. We have told you about an error in the price or description of the My Peak Service you have ordered and You do not wish to proceed;

3. There is a risk that supply of the My Peak Service may be significantly delayed because of events outside Our control;
4. We have suspended supply of the My Peak Service for technical reasons, or notify You that We are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
5.You have a legal right to end the contract because of something we have done wrong.

  • 1.2 14 Day Statutory Cooling Off Period . For most services bought online consumers have a legal right to change their mind within 14 days, cancel the Contract and receive a refund. These rights, under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, also known as the Consumer Contracts Regulations 2013, are explained in more detail below:
    1. If You have bought digital content for download or streaming, You have 14 days to change Your mind after the day We email You to confirm We accept Your order, or, if earlier, until You start downloading or streaming. However, if we delivered the digital content to you immediately, and You agreed to this when ordering, You will not have a right to change Your mind.
    2. If You have bought services not covered by Term 10.1.3.i. above, You have 14 days to change Your mind after the day We email You to confirm We accept Your order. However, once we have completed the services You cannot change Your mind, even if the period is still running. If You cancel after We have started the services, You must pay Us for the services provided up until the time You tell Us that You have changed Your mind.
  • 1.3 Non-fault . Even if We are not at fault and You do not have a statutory right to change Your mind, You can still end the Contract before it is completed. A Contract for goods or digital content is completed when the My Peak Service is delivered, downloaded or streamed and paid for. A Contract for services is completed when We have finished providing the services and you have paid for them. If You want to end the Contract in these circumstances, just contact Us to let us know. The Contract will not end until [1 calendar month] after the day on which You contact Us. We will refund any advance payment You have made for LCF Services which will not be provided to you. For example, if You tell Us that You want to end the Contract on 4 February we will continue to supply My Peak Services until 3 March. We will only charge You for supplying the service up to 3 March and will refund any sums you have paid in advance for the supply of the service after 3 March.
  • 1.4 How to End? To end the Contract with Us, please let Us know by doing one of the following:
    1. email Us at mypeak@peakhealth.fitness Please use CANCELLING MY SUBSCRIPTION as the subject heading and provide your name, home address, details of the order and, where available, your phone number and email address.
    2. Cancel your recurring payment via Paypal, in accordance with their terms and policies.
    3. Once you have cancelled, your site login details will no longer work. You will still be able to use the month you have paid for but thereafter cannot continue to use the site (e.g. where you pay from 3rd July and cancel on 28th July, you can still continue to use My Peak until 2nd August).
  • 1.5 Refunds. We will refund You anything due back to You on ending the Contract by the method You used for payment. But there are no refunds or credits for partially used membership or subscription periods for any My Peak Service.
    • 2.1 Your fault or something beyond Our control. We may end the contract for a My Peak Service at any time by writing to You if any of the following applies (and we may claim reasonable compensation for terminating under term 10.2.1 i. to v. inclusive below):
      1. You do not make any payment to Us when it is due and You still do not make payment within five (5) days of Us reminding You that payment is due; and/or
      2. You do not make any payment to Us when it is due twice in any 95 day rolling period; and/or
  • You do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the My Peak Service; and/or
  1. You do not, within a reasonable time, allow Us to deliver the My Peak Service to You and/or obtain it from Us; and/or
  2. We consider that any of Your confirmations, statements, warranties or undertakings in the Website Terms or Contract are untrue or misleading; and/or
  3. You do not comply with any term in these Website Terms (or we reasonably suspect that You may not have complied).
  • 2.2 Service withdrawal. We may write to You to let You know that We are going to stop providing the My Peak Services in digital and/or streaming format. We will let You know at least 30 days in advance of our stopping the supply of the My Peak Service and will refund any sums that You have paid in advance for My Peak Service which will not be provided.
  • 11 Intellectual Property & Licence
    • 1 My Peak grants You a limited and revocable and non-exclusive licence to make personal use only of the Website and any My Peak Service acquired by You on or through the Website. Such grant does not include, without limitation:
      • 1.1 any resale or commercial use of the Website or My Peak Service or content therein;
      • 1.2 the permission to allow anyone other than You to use or benefit from any My Peak Service purchased;
      • 1.3 the collection and use of any My Peak Service listings or descriptions;
      • 1.4 making derivative uses of the Website and/or the My Peak Service and/or their respective contents; or
      • 1.5 use of any data mining, robots, or similar data gathering and extraction methods.
    • 2 Except as noted above, You are not given any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right belonging to Us or any of Our group companies or any third party whatsoever.
    • 3 You may not use, frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page) without Our express prior written consent. Further, You may not use any meta tags or any other “hidden text” utilising Our name, trademark, or My Peak Service name without Our express written consent.
    • 4 Any unauthorised use of this Website and/or My Peak Service will terminate the permission or license granted by these Website Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
    • 5 All copyrighted and copyrightable materials on this Website or in any My Peak Service, including, without limitation, Our logo, design, text, graphics, pictures, audio and/or visual and/or other files, and the selection and arrangement thereof (the “ Copyright Materials “) belong to My Peak and/or its licensors. Except as stated herein, none of the Copyright Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of My Peak or the respective copyright owner. Permission is granted to display, copy, distribute and download the Copyright Materials on this Website or in any My Peak Service for personal, non-commercial, and informational use only; provided that, You may not, without the express prior written permission of My Peak or the respective copyright owner: (a) copy, publish, or post any Copyright Materials on any computer network or broadcast or publications media, (b) modify the Copyright Materials, or (c) remove or alter any copyright and other proprietary notices contained in the Copyright Materials.
    • 6 Without prejudice to the above, You agree not to infringe any intellectual property rights whatsoever of My Peak or any of its group of companies or any third party (whether or not registered) in each case concerning any aspect of the Website and/or any My Peak Service(s).
    • 1 Other than personally identifiable information, which is covered under the Privacy Policy , any material You transmit or post to this Website will be considered non-confidential and non-proprietary.
    • 2 You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by You in the form of e-mail or submissions to us, or postings on this Website, are non-confidential (subject to the Privacy Policy ) and shall become Our sole property.
    • 3 We will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to You.
    • 4 The submission of any materials to Us including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
    • 5 You are prohibited from posting or transmitting to or from this Website any material:
      • 5.1 that is illegal, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; and/or
      • 5.2 for which You have not obtained all necessary licences and/or approvals; and/or
      • 5.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to criminal and/or civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; and/or
      • 5.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data of any kind whatsoever).
    • 6 You may not misuse the Website (including, without limitation, by hacking).
    • 7 We will fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or locate anyone posting any material in breach of these Website Terms and/or the law.
  • 13 LINKING
    • 1 The express prior written consent of My Peak is required to create a hyperlink to this Website, and any such consent will be conditional (or deemed conditional) on You fully and properly complying with these Website Terms. If such a right is granted it will be non-exclusive and may be revoked by Us at any time and for any reason whatsoever.
    • 2 My Peak makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyper-link from this Website, or sites linking to this Website. The linked sites are not under Our control and We are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. My Peak is providing these links to You only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Us of the site or any information contained therein.
    • 3 When leaving the Website in order to access another site, You should be aware that these Website Terms and the Privacy Policy do not govern other sites, and, therefore, You should review the applicable Website Terms and policies, including privacy and data gathering practices, of that site.
    • 4 You will not in any way:
      • 4.1 reproduce the Website or any part of its contents other than to the extent permitted in these Website Terms; or
      • 4.2 suggest that We are endorsing any My Peak Service or services other than Our own and in the manner that We expressly do on or through the Website; or
      • 4.3 misrepresent the relationship between You and Us, or present any other false information about Us; or
      • 4.4 except as expressly provided for in these Website Terms, use any of Our trade marks without express prior written permission from Us; or
      • 4.5 display or use a link in a manner that causes the Website or any portion of its content to display within a frame, be associated with any advertising or sponsorship not part of the Website, or otherwise incorporate Website content into a third-party website; or
      • 4.6 display or use a link to any information file contained in the Website; or
      • 4.7 alter, block or otherwise prevent display of any content of the Website; or
      • 4.8 link to the Website through any other URL or mirrored website; or
      • 4.9 link to the Website if the Website may reasonably be considered to be obscene, defamatory, harassing, offensive or malicious, or if the Website infringes any third party rights or otherwise does not comply with all applicable laws or regulations.
    • 1.1 Whilst reasonable efforts have been made for the content of the Website to be accurate, the Website and the materials contained therein are provided on an “as is” basis without warranties or representations of any kind whatsoever as to accuracy, completeness, relevance, reliability, usefulness, error-free nature or otherwise, either express or implied, to the fullest extent permitted by the law;
    • 1.2 You expressly agree that use of the Website, including all content, data or software distributed by, downloaded or accessed from or through the Website, is at Your sole risk;
    • 1.3 My Peak is not responsible for typographical errors or omissions relating to pricing, text, or photography (or for the views, statements, acts or omissions of instructors and/or other users through the My Peak Service and/or on the Website);
    • 1.4 while We attempt to ensure that Your access and use of the Website is safe and available to access, We cannot and do not represent or warrant that this Website or its server(s) are free of viruses, torjans, malware, bugs or other harmful components (and/or that the access to the Website will not be uninterrupted by downtime for maintenance/upgrades and/or due to external threats which may or may not be Force Majeure Events); and
    • 1.5 My Peak reserves the right to change any and all content contained on the Website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.
  • 3 No illegal, unlawful, immoral, unreasonable or in any way unforeseen or particular outcome of any use of a My Peak Service purchased by You is represented, warranted or guaranteed.
    • 4.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by any act, event, omission or accident beyond Our reasonable control whatsoever and includes in particular (without limitation) the following: lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government and the negligence or other acts or omissions of Our suppliers (in each case a “ Force Majeure Event”).
    • 4.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period.
    • 4.3 We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
  • 5 Subject to Term 14.1, We are not responsible for the following under contract, tort (including, without limit, the tort of negligence), statute, equity or otherwise (whether or not contemplated at the time of accepting these Website Terms and/or entering into a Contract):
    • 5.1 any indirect losses whatsoever;
    • 5.2 any loss or damage that is not foreseeable (loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process);
    • 5.3 without prejudice to Term 14.5.1 and Term 14.5.2, the following (whether or not they are deemed to be direct, indirect or special losses): loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time however arising; and/or
    • 5.4 Your own negligent and other acts and omissions (such as without limitation, You not complying with the Website Terms and/or You submitting to Us inaccurate, incomplete, misleading, illegal or unlawful information or data); and/or
    • 5.5 You and/or Your advisors not mitigating Your mitigateable losses; and/or
    • 5.6 the amount of My Peak aggregate liability under a Contract being more than the amount received from You as payment under that Contract.
  • 6 Nothing on the Website or anything contained in any My Peak Service is intended by Us (or will be treated or relied upon by You) as health, medical, safety, legal, accountancy, tax or financial advice.
  • 7 Subject to Term 14.1:
    • 7.1 if You are planning to use any one or more LCF Services for business purposes please make sure that You are covered by the appropriate insurance;
    • 7.2 where You decide to use the LCF Services in the course of a business, We exclude (to the fullest extend permitted by law) those warranties and conditions relating to quality, fitness for a particular purpose or skill, care and diligence;
    • 7.3 Our maximum liability to business users arising out of or in connection with the LCF Services shall be limited to the replacement value of the LCF Service in question (except in the case of death or personal injury caused by Our negligence or in respect of fraud);
    • 7.4 in relation to business users, We do not accept liability for the fitness of goods for business purposes, nor do We accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
  • 8 MEDICAL DISCLAIMER : In becoming a member or subscriber to any My Peak Service You confirm that you have completed the PAR-Q and that all of the following statements are true:
    • 8.1 You are not pregnant, breastfeeding or lactating;
    • 8.2 no doctor, surgeon, nurse or other health-care professional has ever informed You that You have a heart condition or that You should only do physical activities recommended by a doctor or health-care professionals;
    • 8.3 You have never felt chest pain when engaging in physical activity;
    • 8.4 You have not experienced chest pain when not engaged in physical activity at any time within 30 day period before any applicable activity;
    • 8.5 You have never lost your balance because of dizziness and You have never lost consciousness;
    • 8.6 You do not have any broken bones or strained ligaments You do not have a bone or joint problem that could be made worse by a change in Your physical activity;
    • 8.7 your Doctor or health-care professional is not currently prescribing drugs for Your blood pressure or heart condition; and
    • 8.8 You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;
    • 8.9 You do not know of any other reason why You should not exercise; and
    • 8.10 Your doctor has specifically approved of Your use of the My Peak Service.
  • 15 Indemnity & Damages
    • 1 You will fully and effectively indemnify on demand (on a £1 for £1 basis as if the amount to be paid is a debt), and keep so indemnified, My Peak, its group companies and their respective licensors, officers, employees, agents and representatives (“ Indemnified Persons ”) from and against any and all direct or indirect losses, damages, costs and expenses (to include, without limitation, professional and enforcement costs and expenses), liabilities and detriments whatsoever suffered, sustained or incurred by the Indemnified Persons as a direct or indirect result of any one or more of the following:
      • 1.1 any and all breaches and/or non-compliance and/or non-performance and/or non-observance of any one or more obligations and/or duties under and/or in relation to these Website Terms; and/or
      • 1.2 any and all of Your own wilful, reckless, negligent, unlawful or any other acts or omissions; and/or
      • 1.3 without prejudice to the above, Your infringement of any third party’s Intellectual Property Rights and/or other rights.
    • 2 A payment made in accordance with the provisions of clause 10.1 above will include any amount necessary to ensure that, after any taxation of the payment, each Indemnified Person is left with the same amount it would have had if the payment was not subject to taxation.
    • 3 Without prejudice to the generality of Website Terms 15.1 and 15.2, if You allow someone to use or benefit from any My Peak Service acquired by You for Your own use without the express prior written consent of My Peak then You will pay a sum equal to the normal undiscounted price charged by My Peak for that My Peak Service for each unauthorised person using or benefiting from the My Peak Service.
    • 1 These Website Terms shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these Website Terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales (except to the extent We determine otherwise for enforcement reasons).
    • 2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful or unenforceable for any other reason. If You access this Website from locations outside the United Kingdom, You do so at Your own risk and You are responsible for compliance with local laws.
  • 17 GENERAL Issues
    • 1 Notwithstanding any of these Website Terms, We reserve the right, without notice and in Our sole discretion, to terminate Your ability to use the Website, and to block or prevent future access to and use of the Website.
    • 2 Any Contract is binding on You and Us and on Our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our express prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the that contract.
    • 3 These Website Terms are to apply to the fullest extent permitted by law. If any provision of these Website Terms is found by any court or tribunal of competent jurisdiction to be invalid and/or unenforceable for any reason:
      • 3.1 the invalidity and/or unenforceable of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect; and
      • 3.2 the invalid and/or unenforceable provision will be deemed modified (or, as a last resort, deleted) to the minimum extent necessary for it to be valid and enforceable; and
      • 3.3 You agree to fully co-operate in good faith and to act reasonably with Us for the purposes of this term 17.3
    • 4 Only My Peak (and its group companies) and You may seek to enforce these Website Terms against each other in respect of any Contract or otherwise. No other person has such enforcement rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise. No consent from the persons referred to in this term 17.4 is required for the parties to vary or rescind these Website Terms (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
    • 5 My Peak and You will act and co-operate in good faith and reasonably for all purposes of these Website Terms and to give them business efficacy (and so as to resolve any and all disputes concerning the same).
    • 6 Applicable laws require that some of the information or communications We send to You should be in writing. When using the Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on The Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
    • 7 If We fail, at any time, to insist upon strict performance of any of Your obligations under the Website Terms and/or a Contract this shall not relieve You from compliance with such obligations. If We fail to exercise any of the rights or remedies to which We are entitled under the Website Terms and/or a Contract, this shall not constitute a waiver of such rights or remedies. A waiver by Us of any default in any particular circumstances shall not constitute a waiver of any subsequent default. No waiver (time or indulgence) by Us of or concerning any of these Website Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
    • 8 We each acknowledge that in entering into a Contract, neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us prior to such Contract except as expressly stated in these Website Terms.
    • 9 Neither of Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Website Terms.
    • 10 If a Contract terminates for any reason whatsoever, accrued rights and remedies will not be affected.
    • 11 My Peak may set off any amount by You to My Peak against any amount owed by it to You. If You purchase the My Peak Service as a non-consumer then You may not set off any amount owed by You to My Peak against any amount it owes to You.
    • 12 The expressions including , include , in particular or any similar expression will not limit the sense of the words appearing before them.
    • 13 The headings and sub-headings are not intended (and will not be deemed) to affect interpretation of the Website Terms.
    • 14 A ‘ person ’ includes a natural person, body corporate or unincorporated body (whether or not having separate legal personality).
    • 15 Any obligation on a person not to do anything includes an obligation not to agree, allow, permit or acquiesce in that thing being done by another person.
    • 16 A reference to any statute or statutory provision includes all subordinate legislation made under it and is a reference to it (including the subordinate legislation) as it is in force from time to time.

We recommend that You print out a copy of these Website Terms for future reference. If You have any questions regarding the this Website, please contact us at mypeak@peakhealth.fitness