EQUIPMENT AND PHYSICAL GOODS
TERMS AND CONDITIONS
GENERAL
Whilst every effort has been made to ensure that the information contained on
this website and in our catalogues is accurate and up to date,
GaelicPerformance cannot be held liable for any errors, omissions or price
changes.
Due to continuous product development, specifications & colours may change
and we may substitute a product for one of similar or better quality - please
confirm upon order. E & O E
Please consult your Doctor before using any product.
All products are subject to availability.
All pieces of gym equipment are delivered flat packed and will require
assembly by you. Installation may be available for an extra charge.
DELIVERY
Delivery of goods will be at the purchasers expense unless otherwise agreed.
RESTRICTED ACCESS
Due to the size of some delivery vehicles, GaelicPerformance or any carriers
delivering on behalf of us MUST be informed of ANY restrictions regarding
access for the delivering vehicles. This includes but not limited to, steps
(including those required to climb to gain access to the property entrance),
any overhanging/low trees/shrubs, steep driveways, narrow lanes, tight bends
or any other restrictions that may make it difficult for the delivering vehicle to
gain access to the point of delivery.
WARRANTIES
If you are using any of the products in an environment other than those
intended for you must check to see if the product you are purchasing has a
warranty for the environment you are going to use it in. For example a product
with a "home use" warranty will have no warranty whatsoever if used in a Full
or Light Commercial environment. If you are unsure as to which classification
of usage you require please ask & we will be happy to check if the products
are suitable. No manufacturers warranty covers failure of a product if caused
by unreasonable or abusive use or if the customer alters the product in any
way or if the customer fails to provide reasonable & necessary care.
Return and refund policy:
All our products are covered by our no- quibble 21-day money-back
guarantee. Just return them to us, unused in their original packaging, with the
receipt, and we'll give you a refund or exchange. This does not affect your
statutory rights.
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GaelicPerformance 3DCoach
Terms and Conditions
By Downloading GaelicPerformance 3DCoach Free Trial , Viewer, or full version you agree
to the following.
FREE TRIAL/ VIEWER VERSION
USE OF SOFTWARE/RESTRICTIONS
Use of Software. For an individual end user, the Software is made available to
and may be used by you only for your personal, non-commercial use
according to these Terms of Service and the Software documentation. For a
business entity user, the Software may be used by you and your employees
for internal use according to these Terms of Service and the Software
documentation (individual end users and business end users are collectively
referred to as “You” herein).
FREE FULL VERSION
USE OF SOFTWARE/RESTRICTIONS
Use of Software. For an individual end user, the Software is made available to
and may be used by you only for your personal, non-commercial use
according to these Terms of Service and the Software documentation. For a
business entity user, the Software may be used by you and your employees
for internal use according to these Terms of Service and the Software
documentation (individual end users and business end users are collectively). Users
are not entitled to publsih or share content via websites or email, unless permission is sought from GaelicPerformance.
County License
By purchasing a county broadcast license, county baord officials and staff are entitled to publish content crested in 3DCoach on their respective website. This does not allow permission to sell such content, or to ask users to subscribe to such websites.
Club License
By purchasing a club broadcast license, club officials and staff are entitled to publish content crested in 3DCoach on their respective website. This does not allow permission to sell such content, or to ask users to subscribe to such websites.
Commercial Broadcast License
By purchasing a Commercial broadcast license, Users are entitled to publish content created in 3DCoach on their respective website. This does allow permission to sell such content, and to ask users to subscribe to such websites.
Individual License
By purchasing a individual broadcast license, individuals are entitled to publish content created in 3DCoach on their respective website. This does not allow permission to sell such content, or to ask users to subscribe to such websites.
PROPRIETARY RIGHTS
a. GaelicPerformance. You acknowledge that (a) the Software contains
proprietary and confidential information that is protected by applicable
intellectual property and other laws, and (b) GaelicPerformance owns all right,
title and interest in and to the Software, and software provided through or in
conjunction with the Software, including without limitation all Intellectual
Property Rights therein and thereto. "Intellectual Property Rights" means any
and all rights existing from time to time under patent law, copyright law, trade
secret law, trademark law, unfair competition law, and any and all other
proprietary rights, and any and all applications, renewals, extensions and
restorations thereof, now or hereafter in force and effect worldwide. You agree
that you will not, and will not allow any third party to, (i) copy, sell, license,
distribute, transfer, modify, adapt, translate, prepare derivative works from,
decompile, reverse engineer, disassemble or otherwise attempt to derive
source code from the Software, unless otherwise permitted, (ii) take any
action to circumvent or defeat the security or content usage rules provided,
deployed or enforced by any functionality (including without limitation digital
rights management functionality) contained in the Software, (iii) use the
Software to access, copy, transfer, transcode or retransmit content in violation
of any law or third party rights, or (iv) remove, obscure, or alter
GaelicPerformance's copyright notices, trademarks, or other proprietary rights
notices affixed to or contained within or accessed in conjunction with or
through the Software.
COMPLIANCE WITH LAWS AND GAELICPERFORMANCE POLICIES
You agree to comply with all local laws and regulations regarding the
download, installation and/or use of the Software. You agree to comply with
any applicable policies or guidelines that GaelicPerformance may make
available from time to time in its sole discretion. By way of example, and not
as a limitation, you agree that when using the Software, you will not:
* defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
* upload, post, email or transmit or otherwise make available any
inappropriate, defamatory, infringing, obscene, or unlawful Content;
* upload, post, email or transmit or otherwise make available any Content
that infringes any patent, trademark, copyright, trade secret or other
proprietary right of any party, unless you are the owner of such rights or have
the permission of the owner to post such Content;
* download any file posted by another that you know, or reasonably should
know, that cannot be legally distributed in such manner;
* impersonate another person or entity, or falsify or delete any author
attributions, legal or other proper notices or proprietary designations or labels
of the origin or source of software or other material;
* restrict or inhibit any other user from using and enjoying
GaelicPerformance services;
* use GaelicPerformance services for any illegal or unauthorized purpose;
* remove any copyright, trademark or other proprietary rights notices
contained in or on GaelicPerformance services;
* interfere with or disrupt GaelicPerformance services or servers or
networks connected to GaelicPerformance services, or disobey any
requirements, procedures, policies or regulations of networks connected to
GaelicPerformance services;
* use any robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of GaelicPerformance services or collect
information about users for any unauthorized purpose;
* submit Content that falsely expresses or implies that such Content is
sponsored or endorsed by GaelicPerformance;
* create user accounts by automated means or under false or fraudulent
pretenses;
* promote or provide instructional information about illegal activities or
promote physical harm or injury against any group or individual; or
* transmit any viruses, worms, defects, Trojan horses, or any items of a
destructive nature.
TERMINATION
You may terminate these Terms of Service at any time by permanently
deleting the Software in its entirety. Your rights automatically and immediately
terminate without notice from GaelicPerformance if you fail to comply with any
provision of these Terms of Service. In such event, you must immediately
delete the Software and any content, data, or images provided through the
Software. To the maximum extent permitted by law, GaelicPerformance
reserves the right to terminate this agreement and your use of the Software at
any time and for any reason.
INDEMNITY
You agree to hold harmless and indemnify GaelicPerformance and its
subsidiaries, affiliates, officers, agents, and employees from and against any
claim, suit or action arising from or in any way related to your use of the
Software or your violation of these Terms of Service, including any liability or
expense arising from all claims, losses, damages, suits, judgments, litigation
costs and attorneys' fees, of every kind and nature. In such a case,
GaelicPerformance will provide you with written notice of such claim, suit or
action.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a) your use of the software is at your sole risk. the software is provided on an
"as is" basis and without warranty of any kind. to the maximum extent
permitted by law, gaelicperformance and its licensors expressly disclaim all
warranties and conditions of any kind, whether express or implied, including,
but not limited to the implied warranties and conditions of merchantability,
fitness for a particular purpose and non-infringement.
b) gaelicperformance and its licensors makes no warranty (i) that the software
will meet your requirements, (ii) that the software will be error-free or bug-free,
(iii) regarding the security, reliability, timeliness, or performance of the
software, and (iv) that any errors in the software will be corrected.
c) any content or material downloaded or otherwise obtained through the use
of the software is done at your own discretion and risk and you will be solely
responsible for any damage to your computer system or other device or loss
of data that results from the download of any such content or material.
d) none of the software is intended for use in the operation of nuclear
facilities, life support systems, emergency communications, aircraft navigation
or communication systems, air traffic control systems, or any other such
activities in which case the failure of the software could lead to death,
personal injury, or severe physical or environmental damage.
e) no advice or information, whether oral or written, obtained by you from
gaelicperformance or any third party or through the software shall create any
warranty not expressly stated in these terms and conditions.
LIMITATION OF LIABILITY
You expressly understand and agree that gaelicperformance and its licensors
shall not be liable to you for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages
for loss of profits, goodwill, use, data or other intangible losses (even if
gaelicperformance or its licensors have been advised of the possibility of such
damages) resulting from: (i) the use or the inability to use the software or to
access content or data; (ii) the cost of procurement of substitute goods or
services; (iii) unauthorized access to or alteration of your transmissions or
data; or (v) any other matter relating to the software. the foregoing limitations
shall apply notwithstanding a failure of essential purpose of any limited
remedy and to the fullest extent permitted by law.
Under no circumstances shall gaelicperformance or any third party who
makes its software or content available in conjunction with or through the
software be liable to you or any user on account of your use or misuse of the
software or such third party software or content. such limitation of liability shall
apply to prevent recovery of direct, indirect, incidental, consequential, special,
exemplary, and punitive damages whether such claim is based on warranty,
contract, tort (including negligence), or otherwise, (even if gaelicperformance
and/or a third party software or content provider have been advised of the
possibility of such damages). such limitation of liability shall apply whether the
damages arise from the use or misuse of, inability to use, or reliance on the
software and all third party software or content made available in conjunction
with or through the software, or from the interruption, suspension, or
termination of gaelicperformance toolbar and any third party software or
content made available in conjunction with or through the software (including
such damages incurred by third parties). such limitation shall apply
notwithstanding a failure of essential purpose of any limited remedy and to the
fullest extent permitted by law.
MISCELLANEOUS PROVISIONS
A) Waiver and Severability of Terms. The failure of GaelicPerformance to
exercise or enforce any right or provision of these Terms and Conditions shall
not constitute a waiver of such right or provision. If any provision of these
Terms and Conditions is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of these Terms and Conditions shall remain in full force and effect.
B) Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of the
Software or these Terms and Conditions must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
c) These Terms and Conditions constitute the entire agreement between the
parties with respect to the subject matter hereof and supersede and replace
all prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter. Any waiver of any provision of these Terms
and Conditions will be effective only if in writing and signed by
GaelicPerformance and/or a third party who make its software available in
conjunction with or through the Software.
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GaelicPerformance Use of Content- Disclaimer
TERMS AND CONDITIONS
GaelicPerformance is provided for general information only and should not be
treated as a substitute for professional supervision or advice.
Before starting any exercise regime you should consider consulting a qualified
fitness or sports adviser to ensure the regime is suitable for you and your own
doctor if you have a medical condition or taking medication or have related
concerns.
Do not undertake any exercise program, diet or treatment provided by the
site, without professional or qualified supervision.
Any programs involving weights, intense workouts and apparatus may put
strong physical demands on any child who is still growing, meaning
supervision is obligatory.
GaelicPerformance can not be held responsible for any injuries which may
occur as a result of these exercises.
If you have or have asthma, heart condition, growth condition or have
experienced chest pains or dizziness in the last month we strongly advise you
NOT to try any of our work outs.
Our site is not a medical facility and no information contained in our web site
should be used to prevent, treat or diagnose medical conditions of any kind.
GaelicPerformance is not liable for the contents of any external internet sites
listed, nor does it endorse any commercial product or service mentioned or
advised on any of the sites
For more information email: info@gaelicperformance.com