Mirafit Mastery Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.mastery.mirafit.co.uk/ website (“Mastery”, “the service” “Service”) operated by Mirafit (“Mirafit”, “us”, “we” or “our”).

Your access to, and use of the service, is conditioned on your acceptance of, and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the service you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access the Service.

DISCLAIMER

You should always consult your doctor or other healthcare provider before changing your diet or starting an exercise programme. The information provided in this content is for entertainment purposes only.

By accepting these Terms you are agreeing to this disclaimer. You accept that, by nature of the products sold, there is a risk of injury associated with participating in and using Mirafit products.

Mirafit Mastery may help you manage your overall fitness and wellness by providing relevant reference information and tools, including tools to help you track your activities and manage your progress. However, you acknowledge that Mirafit is not a medical practitioner and that Mirafit does not determine the appropriate medical use of Mirafit Mastery.

You agree that; “I hereby assume full responsibility for any and all injuries, losses and damages that I incur while exercising or participating in any fitness programme using Mirafit products. By agreeing to this notice, I hereby waive all claims against Mirafit and its associate companies, its instructors or partners – individually or otherwise – for any and all injuries, claims or damages that I might incur.”

These Terms may be revised or updated subject to prior notice to you. You hereby acknowledge that Mirafit Mastery may be changed, updated or discontinued with or without prior notice. Your use of Mirafit Mastery may be suspended or terminated without notice if you breach these Terms or engage in any illegal, inappropriate or prohibited behaviour. If there is any conflict between these Terms and the terms you have agreed to regarding the device that you are using to access Mirafit Mastery, such as a smartphone or tablet, these Terms will prevail.

Mirafit does not warrant that any access to Mirafit Mastery or any feature or function therein will be uniterrupted or error-free, or that defects, if any, will be corrected. Mirafit does not make any representations about the accuracy, safety, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of Mirafit Mastery or any of the information contained within.

  1. Grant of Licence

    Subject to these Terms, you are granted a limited, non-exclusive, non-transferable and revocable licence to access the service for your personal and non-commercial use.The services and features provided by Mirafit Mastery (defined below) may vary or be limited depending on certain factors, including, without limitation, your country, device, operating system or service provider.

    If you are under the age of 18 you may not use the service. If you are 18 or older but under the majority age in your jurisdiction, you must review these Terms with your parent or legal guardian to be sure that you and your parent or guardian understand and consent to these Terms. Your parent or guardian must accept these Terms.

    If you are a parent or guardian permitting a person under the age of majority in your jurisdiction (“Minor”) to use the service, you agree to: (i) Supervise the Minor’s use of the service; (ii) Assume all risks associated with the Minor’s use of the service; (iii) Assume any liability resulting from the Minor’s use of the service; (iv) Ensure the Minor’s use of the service; (v) Assume responsibility and are bound by these Terms for the Minor’s access and use of the service.

  2. Reservation of Rights and Ownership

    All rights not expressly granted to you hereunder shall belong to Mirafit. You acknowledge that all articles, text, software, music, sound, photographs, graphics, video, page layouts, design and other material available on or through the service and its applications and all intellectual property rights therein are proprietary to Mirafit, and protected under applicable copyright and other intellectual property laws and treaties. These Terms and your use of the service do not grant you any ownership interest in or to the service or Mirafit, or any data generated by other users of the service, and you are granted only a limited licence to use that is revocable in accordance with these Terms. You may not use the service to reproduce copyrighted materials or materials to which you do not have the right or legal approval for reproduction.

  3. Restrictions

    By submitting or posting any audio, visual images, comments, profiles or other written or graphic materials (“Content”) to the service, you make the legally binding representations set forth below about yourself, how the Content was created, what it contains and certain other information, and you understand and intend that Mirafit rely on these representations:

    If you are the creator of the Content, the Content is your original work and you own it. If created by or with others, you have, or else you have obtained the consent, authorisation and all of the legal rights from all of the creators or persons or entities who have rights in the Content which are necessary for you to submit it to Mirafit and for Mirafit to distribute and exercise the other rights in these Terms respecting the Content.

    You hereby grant Mirafit the right to use, copy, modify, reproduce or distribute any and all of your Content. You also acknowledge and agree that Mirafit may modify, delete or hide your Content without notice.

    Listing, marketing, delivery, installation, uploading and use or your Content on the service does not violate any agreements to which you are a party or of which you are otherwise aware. If your Content includes open source software, your Content complies with any corresponding licence obligations for such open source software and will not cause any software or technology used that compromises the service to be disclosed or otherwise become part of the public domain.

    You confirm that the content is not:

    1. Libellous or defamatory
    2. Obscene, pornographic, sexually explicit or vulgar and does not depict any nudity or any sexual acts
    3. Predatory, hateful or intended to intimidate or harass any person, and does not contain derogatory name-calling
    4. In poor taste or is otherwise objectionable and;

    The content does not:

    1. Infringe upon or violate the copyrights, trademarks or other intellectual property rights of any other person or entity
    2. Violate any person’s right to privacy, publicity or personality
    3. Violate any local, state, federal national, or international law, including any US, UK or foreign export control laws, or the applicable laws of each jurisdiction to which you are submitting the Content for distribution
    4. Contain any viruses, hidden matter, or other malicious elements (including, for examples, trap doors, worms, trojans or time bombs) or any other unauthorised or hidden programmes
    5. Collect any user information for which you have not obtained the user’s consent
    6. Contain or advocate illegal or violent acts
    7. Degrade any person on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification
    8. Contain any prohibited content as outlined
    9. Contain advertising
    10. Contain solicitation of any kind
    11. Misrepresent your identity or affiliate
    12. Impersonate others

    If these representations are false in any way, you will be responsible for any losses or damages which Mirafit suffers as a result. In addition, if you discover that any content violates these representations or that it is otherwise inappropriate, or Mirafit requests that you do so, you will immediately remove any Content that you have posted from or to the service.

  4. Updates, Changes or Suspension of the service

    Mirafit expressly reserves the right to change, suspend, remove, limit the use of, or disable the access to the service or any portion thereof at any time without any notice or liability.

  5. Third party services and content

    Third party services such as YouTube may be available to you through Mirafit Mastery. To the extent permitted by law, Mirafit disclaims any warranty, condition or representation in respect of any third-party services or content in any aspects including, but not limited to, quality, accuracy, effectiveness, lack of viruses, non-infringement of third-party rights, and compliance with any applicable laws or regulations. The use of third-party services and content may be governed by the terms of use, any licence agreements, privacy policies or other such agreements of the third-party providers. Certain portions of the service may be subject to open source licences, in which case the terms of such open source licences may precede these Terms with respect to that portion of the service.

  6. Consent for Collection and Use of Data

    You acknowledge and agree that Mirafit and/or parties that are entrusted by Mirafit may collect and use information including your personal data, necessary to provide the Service, and improve or enhance the Service.
    At all times your information will be treated in accordance with the applicable laws and Mirafit’s privacy policy.

  7. Compliance with the law

    You acknowledge and agree to comply with any and all applicable laws and regulations in using the service.

  8. Termination

    These Terms are effective upon your acceptance of the Terms. The Service has no predetermined termination date and may continue until such time as either Mirafit or you terminate these Terms by notice to the respective other party or if it is otherwise terminated consistent with these Terms. You can terminate these Terms by ceasing your use of the service.

    Should you not comply with these Terms, your rights based on the Terms will be automatically terminated. Upon termination of these Terms you must cease all use of the service.

  9. Limitation of liability

    To the extent permitted by law, in no event shall Mirafit or SDEG Ltd be liable to you or any party you allow to use the service for any indirect, incidental, consequential, special, exemplary or punitive damages or lost profits, even if each has been advised of the possibility of such damages. You acknowledge and agree that the limitations herein are reasonable given the benefits of the services and you will accept such risk and/or insure accordingly

  10. Applicable Law

    These Terms are governed by the laws of the jurisdiction where you are a resident, without regard to its conflict of law provisions.

  11. Entire Agreement

    These Terms are the entire agreement between you and Mirafit relating to the service and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the service or any other subject matter covered by these Terms If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Privacy Policy

This privacy policy sets out how Mirafit uses and protects any information that you give Mirafit when you use this website. Mirafit is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Mirafit may change this policy from time-to-time by updating this page. You should check this page from time-to-time to ensure that you are happy with any changes.

What we collect

We may collect the following information:

  • Name
  • Contact information including email address
  • Demographic information such as postcode, preferences and interests
  • Other information relevant to customer surveys and/or offers

For the exhaustive list of cookies we collect see the ‘list of cookies we collect’ section.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service. It also helps us with our internal record keeping.

Provided you give us your consent, we may also use this information for the following reasons:

  • To improve our products and services.
  • To send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • For market research purposes.
  • To contact you by email, phone, fax or mail.
  • To customise the website so it’s more in line with your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

We only keep your personal data for as long as necessary and with your consent.

Our data retention periods are as following:

  • For internal record keeping: 6 years
  • Order history: 6 years to cover our responsibilities under the Consumer Protection Act 1987
  • Marketing activities: 2 years from last communication responded to and only with your expressed permission, which you can remove at any time.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Types of cookies we use

Strictly necessary

These cookies are necessary for allowing you to use our website. They are not there to collect personal information on you. Turning these cookies off would prevent you from browsing our website. They are purely functional.

Marketing and tracking cookies

Due to the nature of the service provided on Mirafit Mastery, it is necessary for users to create an account before proceeding. In order for the account to function, it is also necessary for tracking cookies to be used. Therefore on this website Google Analytics tracking cookies are considered Strictly Necessary and cannot be disabled.

By agreeing to our Terms and Conditions you also agree to our Privacy Policy and authorise the use of Google Analytics tracking.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us.

Under the EU’s General Data Protection Regulation (GDPR) you can request to see a copy of the information we hold on you. To see these details, email us on support@mirafit.co.uk or write to us at Harfreys Road, Harfreys Ind Estate, Norfolk, NR31 0LS.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

List of Cookies we track

COOKIE NAME Cookie description
_GA Google Analytics
_GTM Google Tag Manager
_GID Google ID – part of Google Analytics
WordPress_logged_in_[hash] Indicates that the user is logged in for account use
WordPress_sec_[hash] Controls WordPress user access
WordPress_test_cookie Tests if cookies are enabled