INTRODUCTION:
Muscle19 is Bridgwater’s ‘Old school’ Muscle gym with a modern feel. Designed with our members at the forefront of our thinking we help to give the best training experience with that ‘Old School’ muscle gym feel.
By using muscle19.com website, App and Muscle 19 services you agree to all following terms and conditions. These Terms and conditions constitute a legal binding agreement between you the user and A.Parsons Services Ltd T/A Muscle 19, 19 St Mary’s Street, Bridgwater, Somerset, TA6 3LX. By creating an account, taking out a membership, or purchasing products through our online shop you agree to and fully accept all the terms and conditions on registering or making a purchase when using Muscle19.com
Muscle 19 and www.muscle19.com is operated by A.Parsons Services Ltd. Throughout the site, the terms “we”, “us” and “our” refer to A.Parsons Services Ltd T/A Muscle19. A.Parsons Services Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
KEY FACTS:
By using Muscle19.com you accept and agree to all the terms and conditions when entering the site. Even if you have not created an account, you are responsible for reading all the terms and conditions on entering and before using Muscle19.com
ONLINE TERMS:
By using www.muscle19.comand our App you agree to these Terms of Service, you represent that you are at least the age of eighteen. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any UK or International laws (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
ACCEPTABLE USE:
PROHIBITED USES: In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any uk or international, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses
LIABILITY:
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall A.Parsons Services Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
ENDING YOUR AGREEMENT/DELETING YOUR ACCOUNT:
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services when your contracted period of the service has ended. Monthly subscriptions are subject to a 12 month contract and if cancelled you still remain liable for the remainder of the contract period amount. Quarterly and annual payments are made in advance and have no contract to renew at the end of the pre-paid period. Refunds cannot be made if wishing to stop using our services within the pre-paid membership time. However, consideration for postponement of the membership maybe be given in select cases due to serious injuries whilst the customer is in recover, this is at managements discretion.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
USERS COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
GENERAL:
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site
OUR FEES:
Muscle 19 have 5 options of membership types, £27.50 per month which is on a 12 month contract, £90 quarterly payment in advance, £65 2 monthly payment in advance, £250 annual subscription payable in advance or £5 single session day pass. Our fees are quoted in Pounds Sterling. Any changes to our fees policy will be posted on Muscle19.co.uk and advertised in the premises itself. For promotional events our fees and packages may change temporarily and are effective only for the duration of the promotional period. We reserve the right to stop or end promotions and offers early or refuse the promotion at our discretion.
Missed monthly contracted payments will resort in the instant stopping of the service and access to Muscle 19 premises within 24hours of non-payment. We shall not be liable for and lost time this may cause in non-access to facilities. Even in the event of an administration or technical error by ourselves or payment provider.
Prices for our services are subject to change without notice, and the prices will be updated in the ‘our fees’ section of terms and conditions. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You the user are responsible for paying Muscle 19 fees and any charges when they are due. Failure to make payment we reserve the right to under our ‘Terms and Conditions’ or by law limit, suspend or cancel your account with immediate effect. If your payment fails or your account falls in to arrears, we may collect fees owed to Muscle 19 using other collection mechanisms.
By using Muscle19.com or our App you acknowledge and accept that your services may be removed from using Muscle 19, if we believe these Terms and conditions are breached, either directly or indirectly. If you have paid a fee for membership you may be entitled to a refund for the listing. However, we reserve the right not to refund the user for any fees paid through use of Muscle 19 or Muscle19.com and App in the following cases:
· If you breach, in our opinion Muscle19.com Terms and Conditions, which include, without limitation, the acceptable use and using Muscle19.com rules;
· If your used the facilities even for a limited time, and that you benefited from Muscle 19 service associated with the paid fee.
· If you have cancelled your membership monthly payments yourself.
· Please note that the above list is not exhaustive. Please contact us for more details on the cases in which you may, or may not, be entitled to a refund of such fees.
THIRD PARTY:
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USING MUSCLE 19 PREMISES AND MUSCLE19.COM:
As a condition of using of Muscle 19 and/or www.muscle19.com and its services, you agree that you will not:
You are solely responsible for all information and content that you upload and use on muscle19.com.
We also reserve the right at our discretion to restrict a user usage of Muscle 19 and Muscle19.com and App either temporarily or permanently. We also have the right to suspend or delete accounts that are being used in breach of our terms & conditions.
MUSCLE 19 GYM PAR-Q:
I understand by taking out a membership and using Muscle 19 premises I except the terms of conditions and by excepting these that I am assuming the risk that an accident resulting in an injury may occur. I agree that in using the facility and the equipment, I am doing so at my own risk and that I may take no legal action against A.Parsons Services Ltd T/A Muscle 19 for any injury that I may obtain while using the facilities and equipment offered by Muscle 19. This includes injuries including but not limited to sprains, strains, breaks, lacerations, haematoma's and internal damage of any kind, despite the minimal chances of such injuries occurring.
MUSCLE 19 GYM TERMS OF USE:
·Gym is strictly open for use between the hours of 5:00 AM and 9:30 PM, Any persons found using facilities outside of these times may be subject to suspension of membership or asked to for-fit their membership altogether.
·All weights must be place back on storage racks when finished with.
·Any damage to equipment must be reported to a member of staff.
·Any persons found vandalising equipment will have their membership terminated and relevant information will be passed on to the police.
·The stereo must be switched off after use and the volume must be set to a reasonable volume.
·Please ensure that the shower is switched off after use.
·If you are the last person to leave the premises, please ensure the bathroom lights are switched off.
·Please ensure that any doors are closed properly when entering/exiting the premises.
·Please bring a towel to wipe the seats/ pads free of sweat after use in the interest of good hygiene.
·Use machines at your own risk.
·Respect other gym users, violence/ arguing will not be tolerated and will be dealt with accordingly.
·If you lose your key-card you can replace it for £10
·Respect the neighbours and enter/ leave the premises in a quiet and orderly fashion.
·Do not park on the double yellow lines outside of the building as you will be subject to Sedgemoor District councils parking regulations. Please use parking bays or the car park up the road.
·Look after your personal belongings as no lockers are currently provided. Muscle 19 gym will not be responsible for theft or loss of such items.
·Please be aware that CCTV is in operation 24/7. Any misbehaviour caught on CCTV will be passed on to police if necessary.
· Put all waste in the bins provided.
· If people knock on the door do not let them in, member or not they should have a key card.
· Report any faults in the equipment to member of staff.
CHANGES TO TERMS OF SERVICE:
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
MISCELLANOUS:
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against us or the drafting party. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 19 St Mary’s Street, Bridgwater, Somerset, TA6 3LX United Kingdom.
Warranty disclaimer: The services and content are provided "as is" without warranty of any kind whether express or implied. Use of Muscle 19 and the services available on it is at your sole risk. A.Parsons services Ltd T/A Muscle 19 cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from muscle19.co.uk free of viruses or other harmful components. You accept that Muscle19 will not be provided uninterrupted or error free, that defects may not be corrected or that Muscle19.com, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. Muscle 19 is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
PRIVACY POLICY:
Please refer to privacy policy section.
ACCOUNT INFORMATION:
We reserve the right to refuse the opening of an account with us. We may, in our sole discretion, limit, cancel or change your account and the service we provide. In the event that we make a change to or cancel your account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the account was opened.
You agree to provide current, complete and accurate account information. You agree to promptly update your account and other information, including your email address and contact numbers, so if needed we can contact you.
CONTACT INFORMATION:
Muscle19.co.uk is run and controlled by A.Parsons Services Ltd and can be contact via email, info@muscle19.com
PERSONAL INFORMATION:
By using Muscle19.com you the user give full consent and agree to the storage, collection and transfer of personal information by A.Parsons Services Ltd. You the user also agree to receive communications and marketing from us, unless you inform us in writing you do not wish to receive such communications.
INDEMNITY:
As we have explained in our Terms and Conditions you are solely responsible for the content you post. You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitor's fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of muscle19.co.uk, the uploading or submission of Content to muscle19.co.uk by you or your conduct, other than in accordance with the Terms or any applicable law or regulation (Claim). Muscle19 retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.
CONTENT:
All graphics, user interfaces, trademarks, patents, logos, sounds and artwork on Muscle19.co.uk are owned, controlled or licensed by us and are protected by copyright, trademark, patent and other intellectual property law rights (Muscle19 Content)
LEGAL:
If any of the Terms and Conditions are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and Conditions. The rest of the Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable. Nothing in the Terms and Conditions shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms. The Terms set out the entire agreement and understanding between us and you in relation to your use of Muscle19 and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation. No failure or delay by us in exercising any right, power or privilege under the Terms and Conditions shall operate as a waiver of such right or acceptance of any variation of the Terms and Conditions and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
*PLEASE NOTE; YOU USE MUSCLE 19 PREMISES AT YOUR OWN RISK AND BY TAKING OUT A MEMBERSHIP YOU AGREE THAT YOU ARE FIT AND ABLE TO DO SO. WE HOLD NO RESPONSIBILITY AND CANNOT BE HELD ACCOUNTABLE OR LIABLE FOR ANY INJURY SUSTAINED WHILST USING THE PREMISES, LOSS OF PROPERTY, TIME OR LIFE.
For more information or help using www.muscle19.com please feel free to contact us at info@muscle19.com
Effective date: 12 November 2012
Muscle 19 is committed to protecting your privacy. This privacy note explains our data processing practices and your options regarding the ways in which your data is used.
Muscle 19 will only process, collect store and use the information you provide to us in a manner compatible with the EU’s General Data Protection Regulation (GDRP). We are committed to ensuring that the information we collect and use is appropriate for the purposes listed below and does not constitute an invasion of you privacy. We are also committed to applying rigorous security measures when managing your data to minimise the risk of unauthorised access or disclosure.
WHAT WE DO WITH YOUR INFORMATION:
When you sign up for an online account, take out a membership or make a purchase at muscle19.com or on our app, you agree and accept that we may gather, process store and/or use the personal data submitted in accordance with the terms set below. If you are under the age of 18, Muscle 19 will not collect or process your details unless we have received consent of an adult who has parental responsibility for you.
We may collect personal information you give us such as your name, address, contact number, email address.
When you browse muscle19.com or our app, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
CONSENT:
How do you get my consent?
When you sign up to an account, take out a membership or make a purchase through our shop, you provide us with personal information to complete account registration. We imply that you consent to our collecting it and using it for purposes given in our terms and conditions. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or you agree to this when accepting our terms and conditions.
If you do not accept and agree to our terms and conditions and privacy policy you must not access or use our website.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at info@muscle19.com
DISCLOSURE:
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
MUSCLE 19:
Your data is stored on a secure server behind a firewall.
Payment: Subscription fees and shop purchases are made through and regulated by GoCardless, Stripe and Paypal.
THIRD-PARTY SERVICES:
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers may use information for marketing purposes unless informed otherwise. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECURITY:
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
COOKIES:
When you visit or interact with muscle19.com we or our authorized service providers may use cookies, web beacons, and other similar technologies for storing information to help provide you with a better, faster, and safer experience and for advertising purposes.
Our cookies and similar technologies have different functions. They are either necessary for the functioning of our services, help us improve our performance, give you extra functionalities, or help us to serve you relevant and targeted ads. We use cookies and similar technologies that only remain on your device for as long as you keep your browser active (session) and cookies and similar technologies that remain on your device for a longer period (persistent).You are free to block, delete, or disable these technologies if your device permits so. You can manage your cookies and your cookie preferences in your browser or device settings.
Where possible, security measures are set in place to prevent unauthorized access to our cookies and similar technologies. A unique identifier ensures that only we and/or our authorized service providers have access to cookie data.
Service providers are companies that help us with various aspects of our business, such as site operations, services, applications, advertisements and tools. We use some authorized service providers to help us to serve you relevant ads on our services and other places on the internet. These service providers may also place cookies on your device via our services (third party cookies). They may also collect information that helps them identify your device, such as IP-address or other unique or device identifiers.
AGE OF CONSENT:
By using our site, you represent that you are at least the age of eighteen.
CHANGES TO THIS PRIVACY POLICY:
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION:
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@muscle19.com
[Re: Privacy Compliance Officer]
[A.Parsons Services Ltd T/A Muscle 19, 19 st Mary’s Street, Bridgwater, Somerset, TA6 3LX]
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