Terms and conditions

Terms and conditions of use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and  ASC Performance Limited,  the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by  ASC Performance Limited  and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to  ASC Performance Limited  and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of  ASC Performance Limited,  our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
  2. You may, for your own personal, non-commercial use only, do the following:
    1. retrieve, display and view the Content on a computer screen
    2. print one copy of the Content
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of  ASC Performance Limited. 

Prohibited use

  1. You may not use the Website for any of the following purposes:
    1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
    2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

  1. You must ensure that the details provided by you on registration or at any time are correct and complete.
  1. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  1. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  1. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of  ASC Performance Limited  or that of our affiliates.
  1. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  1. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

  1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://www.ascperformance.com/privacy-policy and https://www.ascperformance.com/cookies-policy.

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that  ASC Performance Limited  makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  ASC Performance Limited  is under no obligation to update information on the Website.
  1. Whilst  ASC Performance Limited  uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  1.  ASC Performance Limited  accepts no liability for any disruption or non-availability of the Website.
  1.  ASC Performance Limited  reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  1. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  1. To the maximum extent permitted by law,  ASC Performance Limited  accepts no liability for any of the following:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  1. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  1. These terms and conditions    together with the Privacy Policy and Cookies Policy  contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  1. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  1. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  1. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

 ASC Performance Limited  details

  1. ASC Performance Limited is a company incorporated in England and Wales with registered number 11061928 whose registered address is ASC Performance, Unit 8, 8 Showfield lane, Malton, YO17 6BT and it  operates the Website ascperformance.com. 

You can contact ASC Performance Limited by email on info@ascperformance.com.

Pre Activity Readiness-Questionnaire (“PAR-Q”)
Prior to acceptance of your application for an ASC Performance Fitness service, we collect information about your health and medical history so that we have as much relevant information as possible to provide with a suitable and safe exercise program, based on the information you provide to us.  If you agree to any of the following statements we will be unable to accept your application for a guest or paid-for Membership subscription and we strongly recommend that you seek medical advice before undertaking any exercise program or strenuous physical activity.
By signing up for any of our services, you agree that your physician has stated you are able to undertake an exercise program if you have any of the following issues:a doctor or medical professional has ever diagnosed you with a heart condition and indicated you should restrict your physical activity;

when performing physical activity you frequently feel pain in your heart and/or chest;
when you are not engaging in physical activity, you have experienced heart and/or chest pain in the past month;
you ever faint or get dizzy and lose your balance;
you have an injury or orthopaedic condition, such as a back, hip or knee problem, which may worsen due to a change in your physical activity;
you have high blood pressure and/or a heart condition in which a Doctor or Medical Professional is currently prescribing medication;
you are pregnant, or think you may be pregnant;
you have insulin dependent diabetes;
 you are over the age of 65 and not accustomed to vigorous exercise; 
you know of any other good reason you should not exercise or increase your physical activity even if you wanted to.

By signing up for a service you also accept full responsibility for any loss or damage as a result of the above issues, or anything else. The advice we give is for informational purposes only and is not to replace the advice of your doctor.

We may ask you to provide us with an update to the PAR-Q information that you provide to us when submitting your application for services.  If we are concerned with any of the responses we receive to any updates of this information, we reserve the right to terminate service.

ASC Performance Services
ASC Performance can change any paid-for service detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to you at the time you submit your application for paid-for Membership and the prices mentioned below are by way of example only.  We may make offers for Trial Services (defined below) to new users at any time.
No refunds shall be given for any unused remaining period of your service.

ASC Performance Services 
We cannot guarantee results of any nature. The results we share of our own business, programme and clients’ results are examples only and we are not implying that you’ll replicate this or do anything for that matter. ASC Performance programme and coaching is intended as guidance and mentorship to learn from what we have done in building ASC Performance and processes we have developed from this knowledge. All business comes with risk and while we will help you in the ways specified in the programme, we accept no responsibility for a lack or results or financial loss that arise from you engaging in building an online fitness business. Our results are the results of many years of experience, time and financial investment and are not typical. 

Payment Terms
Failure by the Member to use any of the services available for a Member through its subscription to ASC Performance does not relieve the Member of their payment obligations under these Terms.
Potential customers can pay by Credit Card or Debit Card.  Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to PayPal, Stripe or GoCardless’s online payment system for processing. The potential registrant / Member acknowledges that we hold data regarding the subscription package that is being signed up to by the potential registrant / Member, in addition to the last four digits and the expiry date of the card used to purchase the subscription package together with details on when payment of Fees are due.  The potential registrant / Member further acknowledges and agrees that by sending their request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorises the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount) so that  PayPal, Stripe or GoCardless can collect the payment for Fees from the Member’s Credit Card or Debit Card provided for payment throughPayPal, Stripe or GoCardless, forPayPal, Stripe or GoCardless to forward payment of the Fees to us directly.
The potential registrant and/or Member shall NOT send credit card details to ASC Performance directly by email or any other publically interceptable means, electronically or otherwise. All credit card transactions shall be processed through PayPal, Stripe or GoCardless directly via the Website. ASC Performance cannot be held responsible for the security of, or the misuse of, credit card or other personal information.
Potential registrants and/or Members should be aware that further terms and conditions required by PayPal or Stripe may apply, and can be found at www.paypal.co.uk and www.Stripe.co.uk.
ASC Performance reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no ways relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event ASC Performance starts collection processes of any type, the Member shall be liable for all collection costs, including reasonable legal fees and expenses.
ASC Performance reserves the right to terminate a Member’s account and/or service for any reason, on serving notice to the Member at any time by email to the Member.
ASC Performance reserves the right to terminate a Member’s account and/or service immediately if a Member has used the Website for unsuitable or inappropriate means or has behaved in an unsuitable manner, as determined by ASC Performance in its entire discretion.  The Member shall not be entitled to any refund of Fees if ASC Performance terminates Membership in accordance with this Clause.
The Fees chargeable to paid-for subscription Members may exclude or include any applicable value added tax (VAT), or any other applicable tax or levy, that ASC Performance may charge in addition to the Fees.
Refund Policy: ASC Performance abide by a strict, no refund policy for services and digital products. Where doubt exists over the program, our service or your ability to complete the program, by agreeing to these terms you accept responsibility for raising any issues prior to purchase with info@ASCPerformance.com. By accepting the terms of this agreement, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by ASC Performance.  When concerns are raised prior to purchase and in circumstances required by law, ASC Performance may offer a refund within 14 days for services when stipulated prior to purchase, a refund will be void for the parts of the programme accessed and consumed.

All ASC Performance payments that include a recurring element require a period of notice for cancellation. Accounts billed monthly require a 24 hour notice period. Accounts billed every 3-12 months require a 1 month notice period. 

By continuing to pay ASC Performance on a monthly basis, you are expressing your continued interest in the product and therefore refunds are not considered for previous months of service already delivered. Equally, no refunds are for coaching periods in the past even if the service was not fully consumed in this time. 

There are no refunds available offered for offers purchased at a promotional price or in bulk. 3, 6 and 12 month packages are non-refundable. 

For 7 day trial periods of the service, notice must be given 24 hours prior to the first billing date. If notice is not received, the first payment will not be refundable.