Terms of Use

BMF Digital Platform Terms of Use 

Last updated: 5 January 2022 

1. About us and these Terms of Use 

Welcome to the BMF Digital Platform, the web-based platform through which we shall provide you with our services (the “Platform”).  This Platform is controlled and operated by BMF Human Performance Ltd (“we”, “us”, “our”).  We are a limited liability company registered in England and Wales with the company registration number 12869196.  Our registered office address is Grosvenor Arch, Battersea, London, SW11 8AB.   

These Terms of Use govern how you may access, browse and use the Platform.  By: (a) accessing, browsing or otherwise using the Platform by any means and via whatever device; or (b) registering your details with us to access certain areas of the Platform or to receive our services, you agree to be bound by these Terms of Use.   

Some areas of the Platform, or services that are offered via the Platform, may be subject to additional terms and conditions which you should read carefully before making any use of those areas.  Any such terms will not vary or replace these Terms of Use regarding any use of this Platform, unless otherwise expressly stated. 

1. How to contact us 

If you have any questions, comments or complaints about to the Platform please contact us by email at fitness@bemilitaryfit.com.  

We all benefit from an environment that celebrates diversity and encourages different perspectives.  We want all you to feel as though they are an equal and integral part of this service and we will strive to ensure that every single person feels represented and acknowledged. We invite feedback on any areas where we are not complying in our commitment to this.  This ethos is important to us and feeds through our business, our people, our partners and our services. 

1. Health advice and guidance 

• Nothing on the Platform constitutes medical or professional advice or care.   
• Never train when feeling ill or overly fatigued.   
• If you have concerns, STOP and seek advice from your doctor.  
• Ensure you rest and properly recover between sessions.  
• Do not train if you’ve consumed alcohol or are feeling the effects of excess consumption.  

• Keep a bottle of water with you during sessions and stay hydrated.  
• If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately.  
• You are responsible for exercising within your limits and assume all risk of injury to your person or property resulting from your use of the Platform, except where injury to your person has been caused by our negligence. 

1. Changes to these Terms of Use 

We reserve the right to change these Terms of Use at any time without notice.  The circumstances in which we may change these Terms of Use include (without limitation):  

• to comply with applicable laws;  
• to provide you with additional information about the Platform and our services;  
• where we need to make changes to the Platform in order to improve it; or  
• for safety or security reasons.   

Accordingly, we encourage you to revisit these Terms of Use regularly to ensure that you are at all times fully aware of them.  Any changes will be effective immediately upon posting to the Platform.  Your continued access, browsing or other use of the Platform constitutes your agreement to all such Terms of Use. 

1. Privacy and data protection 

Full details of how we collect, hold and process your personally identifiable information are set out in our Privacy Policy.   

1. Your registration 

Access to some areas of the Platform and/or the services that we offer is restricted to users who have registered their details with us.  It is a condition of use of this Platform that all the details you provide will be correct, current, and complete.  If we believe that the details are not correct, current, or complete, we reserve the right to refuse you access to the Platform and to terminate or suspend your account. 

If you register with us and you choose, or you are provided with, a password as part of the registration process, you must treat your password as confidential and you must not disclose it to anyone else.  We shall be entitled to monitor your password and, at our discretion, require you to change it.   

1. Young Adult Content 

The content and other services that we provide via the Platform are not for use by anyone under the age of 16.   

1. Access to and use of the Platform 

We are the owner or the licensee of all intellectual property rights in the Platform, the material on the Platform (including all text, data, graphics, layout, logos, images, audio material, clips, films or other moving images, algorithms, product details and/or software published or otherwise available on the Platform from time to time) and the trade marks displayed on the Platform.   

Subject to these Terms of Use, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Platform for your personal and non-commercial use only.  Where specified on the relevant part of the Platform, the licence granted in these Terms of Use may be limited to a particular period of time and/or may be subject to additional terms and conditions.   

Except as set out in the limited licence above (or as required under any applicable law), no part of the Platform may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.  In particular, you are not permitted to republish any part of the Platform on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission.  All the intellectual property rights referred to above remain owned by us or our relevant licensor. 

1. Acceptable use of the Platform 

While accessing, browsing and/or using the Platform you must: 

1. comply with all applicable laws, regulations and codes;  

1. not attempt to copy, reproduce, publish, transmit, broadcast, archive, download (other than through caching necessary for personal use), distribute, modify, display, perform, license, transfer, exchange, translate, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms of Use) content and information contained on or obtained from or through the Platform without express written permission from us; 

1. not use the content on the Platform to teach or instruct any fitness classes for any commercial or business purpose without express written permission from us; 

1. not impersonate another person or use a false name or email address; 

1. not impersonate or misrepresent your connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of the content; 

1. not collect or store personal information regarding other users (unless expressly authorised to do so); 

1. not seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; 

1. not solicit funds, advertisers or sponsors; 

1. not deep-link to and/or frame or use framing techniques to enclose the Platform, or any part of the Platform, without our prior written consent;  

1. not modify, or attempt to modify, all or any part of the content on the Platform; 

1. not gain or attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any third party server, computer or database connected to the Platform; 

1. not post, transmit, submit, refer to, make available or link to or from any material which (in our sole opinion): 

1. is untrue, fraudulent, inaccurate or incomplete; and/or 

1. is obscene, threatening, menacing, offensive, defamatory, abusive, causes annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code, and/or  

1. makes excessive demands for bandwidth; and/or 

1. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Platform; and/or 

1. constitutes political campaigning; 

1. constitutes chain letters or pyramid selling schemes; 

1. constitutes unlawful gambling (of any kind and whether remote or non-remote); 

1. constitutes advertising or any other commercial activity (unless approved or otherwise authorised by us); and/or 

1. which contains any virus or other harmful code, or which may otherwise impair or harm the Platform or our computer systems or any third party computer system. 

1. Termination or suspension of your access to the Platform 

At any time and without giving you any advance notice, we may permanently or temporarily and for any reason: 

1. terminate, suspend or deny your access to the Platform (whether in whole or in part); and/or  

1. remove or edit any content on the Platform at any time, and 

in such circumstances all our liability (as well as the liability of our directors, employees or other representatives) for any loss whatsoever arising from our removing or editing content and/or your limited use of or inability to use the Platform (either in whole or in part) is excluded, insofar as it is possible to do so in law.  

1. Material that you submit 

Where the facility is made available to you on the Platform, you may send material (including, without limitation, text, reviews, results, photographs or other images, audio material, films or other moving images) to us for publication on the Platform.  When you send any materials to us for publication on the Platform, you do so in accordance with these Terms of Use including, in particular, the following: 

1. you grant us a royalty free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license and transmit the whole or any part of such material (including without limitation any of the information, details, ideas, concepts and/or formats contained within it) in any manner and in any format and/or media (including, without limitation, archiving and making such material available on the Platform); 

1. to the extent permissible by law, you waive all moral rights subsisting in such materials anywhere in the world; 

1. publication of any material you submit to us will be at our sole discretion and we reserve the right (but not the obligation) to edit or otherwise amend such materials prior to publication; 

1. you agree that we may (at our discretion) disclose your identity to any third party who is claiming that any material sent by you to the Platform is defamatory, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out below or otherwise is in breach of or violates any applicable law or regulation or code; 

1. you warrant to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights; 

1. you warrant that the material you submit is not: obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code; and 

1. you acknowledge that any breach of the warranties set out above may cause us damage or loss and you agree to indemnify us in full and permanently on demand against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.  

Whilst you acknowledge that we do not necessarily pre-screen any material that you have submitted to the Platform, we reserve the right to remove, at any time and without reason or prior notice or any liability to you, any material that you have submitted.   

1. Third party links 

The Platform contains hypertext links to third party websites.  We are not responsible for, nor do we endorse in any way such third party websites or their content.  If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk. 

1. Advertising and sponsorship 

Parts of the Platform may contain advertising and sponsorship.  Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limitation, information which is defamatory, obscene, unlawful, threatening or untrue.  We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor. 

1. Promotions, competitions and prize draws 

We may from time to time run (or authorise the running of) competitions, free prize draws and/or other promotions on the Platform.  Any such competitions, prize draws and/or other promotions will be subject to additional terms and conditions that will be made available to you at the relevant time. 

1. Disclaimer  

All information and/or data on the Platform is provided on an “as is” basis.  Except to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Platform or the content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.   

Neither we nor any of our data providers or affiliates gives any warranty or guarantee: (a) relating to the availability of the Platform; or (b) that the Platform and/or our operation of it, the content or the server that makes the Platform available, are timely, error or virus free or free of other harmful components; or (c) that your use of the Platform will be uninterrupted.  We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Platform. 

1. Limitation of liability 

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Platform.  This does not affect your statutory rights as a consumer.  

We will not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:  

1. loss of profits;  

1. loss of business;  

1. depletion of goodwill or similar losses;  

1. loss of anticipated savings;  

1. loss of contracts;  

1. loss of use;  

1. loss or corruption of data or information; or 

1. any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. 

Notwithstanding any provision of these Terms of Use, we do not exclude or limit our liability for:  

1. death or personal injury caused by our negligence or that of any of our officers, employees or agents; or 

1. fraudulent misrepresentation; or  

1. any liability which it is not lawful to exclude either now or in the future. 

1. Enforcement 

If the whole or any part of any provision of these Terms of Use is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms of Use and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms of Use and shall in no way affect the validity or enforceability of any other provisions. 

1. Waiver 

No waiver by us of any breach of these Terms of Use shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations. 

1. Third party rights 

These Terms of Use are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999. 

1. Governing law and jurisdiction 

These Terms of Use and/or your use of the Platform shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction over any dispute which may arise.