User Terms and Conditions

BY USING THE PARENT GYM EWORKOUTS YOU ARE AGREEING TO THESE TERMS AND CONDITIONS, PLEASE READ THEM CAREFULLY.

1. Definitions. For purposes of these Terms:
   • 1.1 “Intellectual Property” or “Intellectual Property Rights” means all intellectual property rights, including all copyright, patent, trade secret, trademark, moral, termination, authorship, rights of publicity, privacy and other proprietary rights.
   • 1.2 “Mind Gym” means Mind Gym plc, a public limited company incorporated in England and Wales under company number 3833448, whose registered office is at 160 Kensington High Street, London, W8 7RG, United Kingdom.
   • 1.3 “Parent Gym” is a division of Mind Gym that provides a philanthropic parenting programme.
   • 1.4 “Terms” means these terms and conditions.
   • 1.5 “You” means an individual that has access to the Parent Gym eWorkouts (and “Your” shall be construed accordingly).
2. Use of the Parent Gym eWorkouts.
   • 2.1 Subject to these Terms Mind Gym hereby grants You a limited, personal, revocable, non-exclusive, non-transferable right to access and use to receive parental support courses and training (‘eWorkouts’) from Parent Gym for Your personal use.
   • 2.2 All rights not expressly granted to You are reserved to Mind Gym or Parent Gym.
   • 2.3 The right to electronically display eWorkouts is limited to the display of such eWorkouts primarily to one person at a time.
   • 2.4 The right to retrieve and store machine-readable copies of the eWorkouts materials is limited to the retrieval of a single copy of a reasonable portion of the eWorkout materials and storage of that copy in machine readable form for one person’s exclusive use.
   • 2.5 Subject to these Terms Parent Gym hereby grants You a limited, personal, revocable, non-exclusive, non-transferable right to use the machine readable copies of the eWorkout and any other materials provided by Parent Gym for your personal use expressly excluding the right to use the materials for running training sessions without Parent Gym’s involvement.
   • 2.6 You acknowledge that the content and features may be added to or withdrawn from the eWorkouts and the eWorkouts may otherwise be changed without notice, and the eWorkouts may be withdrawn at any time entirely at the discretion of Parent Gym and/or Mind Gym.
   • 2.7 You shall comply with all applicable laws, regulations, rules and codes with respect to activities relating in any way to Your use of the eWorkouts.
   • 2.8 You are solely responsible for supplying all equipment, Internet access and bandwidth needed to properly access and use the eWorkouts.
3. Use Restrictions.
   • 3.1 Except as expressly permitted by these Terms, You shall not:
     • 3.1.1 duplicate, reproduce, copy, modify, adapt, translate, distribute, sub-license, publish, stream, record, extract, market, lease, make available, resell, make derivative works of, disassemble, reverse compile or reverse engineer or otherwise reduce to human-perceivable form any part of the eWorkouts and Intellectual Property therein except as may be allowed by any applicable law notwithstanding contractual prohibition;
     • 3.1.2 intentionally interfere with or disrupt the integrity or performance of the eWorkouts;
     • 3.1.3 interfere with any markings on the eWorkouts which refers to Parent Gym, Mind Gym or includes any of their trademarks or logos or remove or obscure the copyright notice or other notices in the eWorkout and the eWorkout materials.
     • 3.1.4 use the eWorkouts for the purposes of direct marketing or promotion to anyone.

4. Suspension or Termination.
   • 4.1 Suspension: Your right of access or use of any portion or all of the eWorkouts may be restricted or suspended (on a temporary or permanent basis) if it is reasonably determined Your use of the eWorkouts (i) violates Section 3 (Use Restrictions), (ii) poses a security risk to the eWorkouts, (iii) violates applicable law or could subject us, our affiliates, licensors or any third party to liability, or (iv) could be fraudulent.
   • 4.2 You acknowledge the Parent Gym eWorkouts are accessible for only so long as the eWorkouts are made available on the Parent Gym website and Parent Gym has the right, in its sole discretion, to stop your access to the eWorkouts for any reason or where permitted by another provision in these Terms or for other good cause.
     • 4.2.1 Termination does not affect or prejudice any rights, remedies, obligations or liabilities a party accrued up to the date of termination or expiration or the continuation or commencement of any provision that expressly or by implication is intended to survive the termination or expiration of these Terms.

5. Intellectual Property.
   • 5.1 You acknowledge that the eWorkouts and all Intellectual Property contained therein is proprietary to Parent Gym, Mind Gym, and Parent Gym, Mind Gym retain exclusive ownership of the same throughout the world. Except for the limited express license granted to You under these Terms, Parent Gym, Mind Gym and/or its licensors retain all right, title or interest in and to the eWorkouts. 
   • 5.2 You acknowledge and agree that any ideas, enhancements, improvements, additions or modifications to the eWorkouts, suggested by You, and any and all Intellectual Property Rights contained therein, will become Parent Gym’s property, and You hereby assign and agree to assign any and all right, title and interest to any rights in such suggestions to Parent Gym.

6. Warranties.
   • 6.1 Neither Parent Gym or Mind Gym guarantee that use of the eWorkouts will be uninterrupted or error free at all times and in all circumstances. Neither Parent Gym or Mind Gym warrant that the eWorkouts will meet any particular training or other requirements or will be suitable for any particular purpose.
   • 6.2 Except as provided for in section 6.1 to the maximum extent permitted by applicable law, Parent Gym makes no warranties of any kind whether express, implied, statutory or otherwise, and specifically disclaims the implied warranties of non-infringement, title, merchantability or fitness for a particular purpose. The eWorkouts are provided “as is”. 

7. Liability.
   • 7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOU, PARENT GYM OR MIND GYM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, BUSINESS OR BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS OR WASTED MANAGEMENT TIME, WORK STOPPAGE, LOSS, DELETION OR CORRUPTION OF CONTENT OR DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
   • 7.2 WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE AND FRAUD OR FRAUDULENT MISREPRESENTATION, AND TO THE EXTENT PERMITEED BY LAW, PARENT GYM, MIND GYM AND ITS LICENSOR’S AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED POUNDS (£100) FOR THE USE OF THE EWORKOUTS.
   • 7.3 You indemnify Parent Gym against any claims, expenses, damages, costs and liability received or incurred by us resulting from your breach of any of the provisions of this Agreement.

8. Data.
   • 8.1. In this paragraph “Data Protection Legislation” means all laws, regulations, legislative and regulatory requirements and codes of practice applicable to the processing of personal data in connection with this Agreement including, without limitation, the United Kingdom Data Protection Act 2018 and any regulations, instruments or codes of practice issued pursuant to that Act, the European Union General Data Protection Regulation (Regulation (EU) 2016/679) and any successor legislation replacing, repealing or amending those laws.
   • 8.2 Parent Gym shall comply with its obligations under the Data Protection Legislation in respect of its processing of personal data in connection with this Agreement.
   • 8.3 Parent Gym’s privacy notice explains how Parent Gym collects, uses and protects your personal data when you use the eWorkouts.

9. Miscellaneous.
   • 9.1. Force Majeure. Parent Gym shall not be deemed to be in default of these Terms if it is prevented, hindered or delayed in performing its obligations by acts, events, omissions or accidents beyond its reasonable control.
   • 9.2 Waiver. No delay or neglect on Parent Gym’s part in enforcing any provision of these Terms is a waiver and does not in any way prejudice its right under these Terms.
   • 9.3 No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.
   • 9.4. Amendment. Parent Gym may modify, amend or add to these Terms from time to time. Parent Gym will post notifications to the terms on this page. Changes will become effective within 7 days of being posted.
   • 9.5 Survival. For avoidance of doubt, any provision in these Terms which by its nature is intended to survive, shall remain in effect following Termination.
   • 9.6 Severability. If any provisions of these Terms are held to be unenforceable, illegal or void in whole or in part the remaining portions of these Terms shall remain in full force and effect.
   • 9.7 Entire Agreement. These Terms constitute the entire agreement governing Your use of the eWorkouts.
   • 9.8 Governing Law. These Terms will be governed by English laws and You and Parent Gym submit to the exclusive jurisdiction of the English Courts.
   • 9.9 Questions or notices for Parent Gym can be sent to info@parentgym.com.