Terms and Conditions

Website Terms and Conditions

This website is provided by Elphinston Performance Limited (“EP”).

1  Acceptance of Conditions and Amendments

1.1  These terms and conditions (“Conditions”) apply to the entire content of the website under the domain name http://www.elphinstonperformance.com/ (“the Website”) and to your use of the material on this Website. You should read these Conditions carefully before using this Website. Using this Website in any manner indicates that you accept these Conditions regardless of whether or not you choose to register or book a course with us. If you do not accept these Conditions, you must not use this Website.

1.2  EP may revise these Conditions at any time by updating this posting. You should check this Website from time to time to review the then current Conditions as they are binding on you.

1.3  If you do not agree to the Conditions at any time you should cease further use of this Website. Certain provisions of these Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

1.4  EP may withdraw the provision of this Website or modify it at any time without liability to you or any third party.

2  Licence and Intellectual Property Rights

2.1  You are permitted to print and download extracts from this Website for your own

personal use provided that:

2.1.1  no documents or related graphics on this Website are modified in any way;

2.1.2  no graphics on this Website are used separately from accompanying text; and

2.1.3  EP’s copyright and trade mark notices are retained as they appear in any printed and downloaded extracts.

2.2  The copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by EP or its licensors. For the purposes of these Conditions, any use of extracts from this Website (other than in accordance with clause 2.1 above) for any purpose is prohibited. If you breach these Conditions, your permission to use this Website will automatically terminate and you must immediately destroy any downloaded or printed extracts from this Website.

2.3  Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without EP’s prior written permission.

2.4  Any rights not expressly granted in these Conditions are reserved to EP.

3  Service Access

3.1 While EP endeavours to ensure that this Website is normally available 24 hours a day, it shall not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond EP’s control.

4   Links to other Websites

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. EP has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. EP therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5 Disclaimer

5.1  The content contained within this Website and any content produced by EP from time to time on third party websites (such as YouTube) (“Links”) is provided for general information purposes only and does not constitute either professional advice or an offer.

5.2  While EP takes all reasonable care to ensure that the contents of the Website and the Links is accurate, no warranty of representation is given that the Website and the Links are free from errors or omissions.

5.3  Before starting any exercise programme you should consider consulting a qualified fitness or sports adviser to ensure that the regimen is suitable for you and your own doctor if you have a medical condition or have any concerns about your ability to undertake the programme.

5.4  Do not undertake any exercise programme without professional or qualified supervision.

5.5  EP cannot be held responsible for any injuries which may occur as a result of any exercise programme featured on this Website or the Links.

5.6  If you have, or think you may have, a medical condition (including, without limitation, asthma, a heart condition or acute musculoskeletal injury) we strongly advise that you do not try any of the exercise programmes featured on this Website or the Links without first seeking the advice of a medical or rehabilitation professional.

5.7  Save as required by law EP disclaims and you waive all other warranties, express or implied, with respect to the course, arising by law or otherwise, including, without limitation, any implied warranty of satisfactory quality, fitness for a particular purpose and any obligation, liability, right, remedy or claim in tort.

6  Liability

6.1 Subject to clause 6.2, EP, any other party (whether or not involved in creating, producing, maintaining or delivering this Website) and any of EP’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party including without limitation, any direct or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, and whether in tort including without limitation negligence, contract or otherwise in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

6.2 Nothing in these terms and conditions excludes or limits EP’s liability:-

6.2.1  for death or personal injury caused by EP’s negligence; or

6.2.2  for any matter which it would be illegal for EP to exclude or attempt to exclude EP’s liability; or

6.2.3  for fraud or fraudulent misrepresentation.

7  Practitioners’ Directory

7.1  The aim of the list of practitioners appearing on this Website (“the Practitioners’ Directory”) is to promote public awareness of and access to the availability of practitioners who have attended a specific number of EP courses and passed the examinations set by EP.

7.2  Inclusion within the Practitioners’ Directory is available at a charge to be decided by EP from time to time to course attendees who have undertaken a specified number of EP courses.

7.3  EP reserves the right to decline to include any entry in the Practitioners’ Directory or to remove (or suspend) any entry at its sole discretion and at any time.

7.4  The Practitioners’ Directory is provided for information only and the third parties listed within the Practitioners’ Directory are beyond the control of EP.

7.5  The inclusion of any practitioner in the Practitioners’ Directory is not intended as an endorsement, guarantee or recommendation of any practitioner listed and EP will not be liable for any aspect of the services rendered by the practitioners listed.

7.6  Subject to clause 6.2, EP makes no representation or warranty and accepts no liability in relation to any third party products and services that you may buy through the practitioners that are listed in the Practitioners’ Directory.

8 Governing Law

These Conditions shall be governed by and construed in accordance with the laws of England and Wales and all the parties hereto irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales as regards any claim, dispute or matter arising out of or relating to these Conditions.