Terms and conditions
Please read these terms and conditions carefully before using this site.
1. What’s in these terms?
1.1. These terms tell you the rules for using our website www.ryanmcmahonfitness.com.
2. Who we are and how to contact us
2.1. www.ryanmcmahonfitness.com is a site registered at 16 Gloucester Street, London, SW1V 2DN. Our main trading address is DSQ Gym, Chichester Street, London, SW1v 3LX.
2.2. To contact us, please use the Contact form below.
3. By using our site, you accept these terms
3.2. If you do not agree to these terms, you must not use our site.
3.3. We recommend that you print a copy of these terms for your future reference.
4. There are other terms and conditions which may apply to you
4.2. If you purchase goods or services from us, our Terms and Conditions of supply will apply to those purchases.
5. We may make changes to these terms
5.1. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
6. We may make changes to our site
6.1. We may update and change our site periodically to reflect changes to our products, our users’ needs and our business priorities, or for any other reason.
7. We may suspend or withdraw our site
7.1. The public-facing elements (which do not require user log in) of this site are made available free of charge.
7.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or part of our site for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
8. Our site is designed for users in the United Kingdom
8.1. Our site is directed to people residing in the United Kingdom. We do not represent that the content available on or through our site is appropriate for use in other locations or jurisdictions.
9. You must keep your account details safe
9.1. If you choose, or 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. You must not disclose it to any third party.
9.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact form (linked) on this website.
10. How you may use material on our site
10.1. We are the owner or licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2. You may print off one copy, and may download extracts, of any pages from our site for your personal use, and you may draw the attention of others within your organisation or network to the content posted on our site.
10.3. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
10.4. 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.
11. Don not rely on information on this site
11.1. The content provided on our site is for general information only. It is not intended to amount to specialist advice on which you may rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of our site. Full details can be found in our Disclaimer policy (linked)
12. We are not responsible for websites we link to
12.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for information only. Such links should not be interpreted as approval by us of those linked websites or any information you may obtain from them.
12.2. We have no control over the content of those sites or resources.
13. User-generated content is not approved by us
13.1. This website may contain information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by users on our site do not necessarily represent our views or values.
14. Our responsibility for loss or damaged suffered by you
14.1. We do not exclude limit or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
14.2. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of supply.
14.3. 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.
14.4 If defective digital content, that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
15. Uploading content to our site
15.1. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy (below).
15.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
15.3. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us (and other users of our site) a limited licence to use, store and copy that content and to distribute it and make it available to third parties. The rights you license to us are described below.
15.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
15.5. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy (below).
15.6. You are solely responsible for securing and backing up your content.
16. Rights you are giving to us for material which you upload
16.1. A perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform that user-generated content in connection with the service provided by the website and across different media.
16.2. A licence to use the content, in an anonymised format which makes your personal identification impossible, to promote our website or services.
16.3. A licence allowing other users, partners or advertisers to use the content for their purposes, in accordance with the functionality of our site and our Acceptable Use Policy (below).
17. We are not responsible for any viruses and you must not introduce them
17.1. We do not guarantee that our site will be secure or free from any bugs or viruses.
17.2. You are responsible for configuring your information technology, computer programmes and platforms to access our site. You should use your own virus protection software.
17.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
18. Rules about linking to our site
18.1. You may link to our site, or its pages, provided you do so in a way which is fair and legal and does not damage our reputation or take advantage of it.
18.2. 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.
18.3. You must not establish a link to our site in any website that is not owned by you.
18.4. Our site must not be framed (or shown in an i-Frame) on any other site.
18.5. We reserve the right to withdraw linking permission without notice.
18.6. The website which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (below).
18.7. If you wish to link or make use of any content on our site other than that set out above, please contact us using the Contact Form on the site.
19. Which country’s laws apply to any dispute
Acceptable use policy
Please read the terms of this policy carefully before using the site.
1. What’s in these terms?
1.1. This Acceptable Use Policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.
2. Prohibited uses
2.1. You may only use our site for lawful purposes. You may not use our site:
a) In any way that breaches any applicable local, national or international law or regulation;
b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c) For the purpose or harming, or attempting to harm, minors in any way;
d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (below);
e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation or spam; or
f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic 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.
2.2. You also agree:
a) Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms of Website Use (above);
b) Not to access without authority, interfere with, damage or disrupt:
i) Any part of our site;
ii) Any equipment or network on which our site is stored;
iii) Any software used in the provision of our site; or
iv) Any equipment or network or software owned or used by any third party.
3. Content standards
3.1. These content standards apply to any and all material which you contribute to our site (each, a ‘Contribution’), and to any interactive services associated with it.
3.2. These Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
3.3. Ryan McMahon fitness will determine, in its discretion, whether a Contribution breaches these Content Standards.
3.4. A Contribution must:
a) Be accurate (where it states facts);
b) Be genuinely held (where it states opinions);
c) Comply with the law applicable in England and Wales and in any country from which it is posted.
3.5. A Contribution must not:
a) Be defamatory of any person;
b) Be obscene, offensive, hateful or inflammatory;
c) Promote sexually explicit material;
d) Promote violence;
e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
f) Infringe any copyright, database right or trade mark of any other person;
g) Be likely to deceive any person;
h) Breach any duty owed to a third party, such as a contractual duty or a duty of confidence;
i) Promote any illegal activity;
j) Be in contempt of court;
k) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
l) Be likely to harass, upset, embarrass, alarm or annoy any other person;
m) Impersonate any person, or misrepresent your identity or affiliation with any person;
n) Give the impression that the Contribution emanates from Ryan McMahon Fitness. if this is not the case;
o) Advocate, promote, incite any party to commit, or assist in any unlawful criminal act such as (by way of example only), copyright infringement or computer misuse;
p) Contain a statement which you know or believe, or have reasonable grounds for believing that the members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
q) Contain any advertising or promote any services or web links to other sites.
4. Breach of this policy
4.1. When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
a) Immediate, temporary or permanent withdrawal of your right to use our site;
b) Immediate, temporary or permanent removal of any Contribution uploaded by you to our site;
c) Issue of a warning to you;
d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to reasonable administrative and legal costs) resulting from the breach;
e) Further legal action against you; or
f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
4.3. We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Fees and Refunds
1.1. If you purchase a program (a “Program”), you must pay all charges to your account relating to that Program, including applicable taxes and fees for the use of additional features not included as part of your Program. You will be charged in accordance with the billing terms in effect at the time of your initial purchase.
1.2. For each Program, your charge remains for each Program no matter if you access the Program or Site after purchase. In other words, even if you do not use the program, you are responsible for the fees unless you are issued a valid refund. For more information please read the Refund section below.
1.3. You must provide valid credit or debit card information at the time of purchase to allow payment for any Program. Programs are either billed in full or in a monthly subscription, based on your selection. Fees for subscription payments are charged automatically on or around the same date each month.
2. Cancellations by Ryan McMahon Fitness
2.1. We may terminate your use of all or part of the Programs or Services in its sole discretion. As your sole remedy, we will refund to you any prepaid fees specifically related to the current term of that Program.
2.2. Your right to use a Program is subject to any limits established by us or by your credit card issuer. If payment cannot be charged to your credit or debit card or your charge is returned for any reason, including through a chargeback, we may, in our sole and absolute discretion, suspend or terminate your access and account, which will terminate these Terms and our obligations under them.
2.3. If a charge made to your credit card is declined, we may make up to five attempts to bill that card over a seven-day period.
2.4. If you wish to reactivate a Program after termination, there will be no setup or reactivation fees. However, if your account was terminated for nonpayment, it will be reactivated only after we receive the full amount past due. If an expired account is reactivated, the new term begins on the reactivation date.
3. Cancellations by you
3.1. You may at any time cancel any current subscriptions or programs, prior to the next subscription or program renewal date. Any cancellations after this date will incur the next full subscription instalment fee.
3.2. We do not offer any refunds for products which have been downloaded. Please only download if you are certain you have purchased the correct product.