Terms of service

Welcome to the CaveFit website of CaveFit Wellness Limited (“CaveFit”). CaveFit is pleased to make the website located at cave-fit.com (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms and Conditions set forth below. Use of the Site is strictly voluntary. If you do not agree to these Terms and Conditions and the Privacy Policy, you must immediately log off the Site and may not use the Site.

These Terms and Conditions apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with CaveFit, unless otherwise directed by CaveFit. If you breach any of these terms and conditions, your authorisation to use the Site automatically terminates and you must immediately discontinue use of the Site.

Collection of Visitor Information on this Site

Any information collected at the Site is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with CaveFit through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Copyright

All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of CaveFit or its content, software, and technology suppliers, and is protected by UK and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of CaveFit and protected by UK and international copyright laws.  CaveFit grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Site is strictly prohibited.

Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of CaveFit and others. Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner. Other product and company names mentioned in the Site may be the Trademarks of their respective owners.

Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of CaveFit. Any use of these rights without the prior written permission of CaveFit is strictly prohibited.

Accuracy

Information on the Site may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. CaveFit reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If CaveFit discovers price errors, they will be corrected on CaveFit’s systems, and the corrected price will apply to your order.

Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  CAVEFIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. CAVEFIT MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. CAVEFIT MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED KINGDOM. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL EITHER CAVEFIT OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Under no circumstances whatsoever shall CaveFit’s aggregate liability resulting from or relating to your use of the Site exceed Five Pounds (£5.00).

Prohibited Activities and Visitor Obligations

As a visitor or user of the Site you shall not:

  • violate any applicable law or regulation;
  • upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
  • impersonate or use the identity of another person or organisation, or falsely state or otherwise misrepresent your affiliation with a person or organisation;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • Post any content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorised advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
  • disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
  • disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
  • use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without CaveFit’s prior, express, and written permission; or
  • use the Site for commercial purposes.

You agree that you are solely responsible for the Post of any content that you make available on or send through the Site (“User Content”). In addition to the rights granted to CaveFit elsewhere in these Terms and Conditions, you hereby grant CaveFit the irrevocable right to copy and use User Content in connection with the Site and for the purposes related to your Post of the User Content. Although CaveFit has no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, CaveFit reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice. Your User Content may be available on the Site for a limited period of time, as determined by CaveFit in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to the Site, you represent and warrant that (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Sites and to grant the rights to CaveFit you grant in these Terms and Conditions; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Site, does not and will not violate these Terms and Conditions or any applicable local, national or international statute, regulation, or law.

Indemnification

You agree to indemnify, defend, and hold CaveFit and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable solicitors’ fees that CaveFit incurs or suffers which relate to your use of the Site, your failure to perform any of your obligations under these Terms and Conditions, or your breach of any of your representations or warranties made under these Terms and Conditions.

Links to Other Web Sites

The Site may contain links to other websites. Additionally, other websites may contain links to the Site. CaveFit does not review or monitor the websites linked to the Site and CaveFit is not responsible for the content or policies of any other websites. Any link established by CaveFit does not constitute an endorsement of the other websites or create a relationship between CaveFit and the operators of other websites. CaveFit disclaims any liability with respect to your use of any other website, and you release CaveFit from any liability related to your use of any link to another website or your use of any other website. Where the Site contains a link to another website owned and/or operated by CaveFit, such website use may be subject to different and additional terms of use and Privacy Policy terms and conditions.

Changes to Terms of Use

CaveFit may revise these Terms and Conditions at any time without notice. Any use of the Site following the date on which changes to these Terms and Conditions or the Privacy Policy are published on the Site shall constitute your acceptance of all such changes. You expressly agree that CaveFit shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms and Conditions or the Privacy Policy.

Continued Operation, Accessibility, and Maintenance of this Site

CaveFit may modify, change, suspend, terminate or discontinue the operation of the Site or the provision of any services without notice and CaveFit reserves the right to refuse service to anyone at any time, with or without cause.

Waiver And Assumption Of Risk

When participating in fitness classes and/or small group personal training sessions at CaveFit, you acknowledge and agree to the following:

Health & Medical Conditions

You confirm that you do not have any pre-existing medical conditions or injuries that could be aggravated by participation in exercise unless you have disclosed them to the front of house staff.

You agree to inform CaveFit staff immediately of any changes in my health or medical conditions that may affect your ability to safely participate.

Assumption of Risk

You understand that participation in physical exercise carries inherent risks, including but not limited to strains, sprains, and other injuries.

You voluntarily assume full responsibility for any risks of injury or harm that may occur during your participation.

Equipment Safety

You agree to use all gym equipment safely and only when instructed or permitted by a CaveFit trainer or staff member.

You understand that misuse of equipment may result in injury and agree to follow all safety instructions.

Release of Liability

To the fullest extent permitted by law, you release and discharge CaveFit, its staff, trainers, and affiliates from any and all claims, demands, or causes of action related to any injury, loss, or damage you may suffer while attending or participating in classes or training sessions.

Compliance & Conduct

You agree to follow all instructions given by CaveFit staff and trainers to reduce the risk of injury.

You understand that failure to follow instructions may result in my removal from a session without refund.

Photography & Media

You consent to the use of photographs or video taken during sessions for promotional purposes.

Our Products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Orders

When you place an order, you are making an offer to purchase. CaveFit reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until CaveFit confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as CaveFit may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Prices And Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Shipping And Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Relationship With Shopify

CaveFit is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with CaveFit. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and CaveFit, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with CaveFit.

Your Account

If you are a registered user of any of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. CaveFit reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

Payment

You authorise CaveFit and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Site. You represent and warrant that you are the only one who will make payments in connection with the Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name.  Unless otherwise specified, any amounts paid to CaveFit are nonrefundable.

Fitness Club Owners, Employees, Trainers or Other Contractors

THIS SECTION OF THESE TERMS OF USE APPLY ONLY IF YOU ARE AN EMPLOYEE, OUTSIDE TRAINER OR OTHER CONTRACTOR WHO IS ALSO PROVIDED WITH ACCESS TO THE DATA OF OTHER USERS.

You may use your ability to access data applicable to other persons (“Member Data”), and use the Member Data that is disclosed to you, solely for the purposes of providing assistance to the other person in that person’s use of the Site or CaveFit facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. You may not disclose any Member Data to any other person without the prior consent of CaveFit. You acknowledge that in the event any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, CaveFit may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by CaveFit or by a member which are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph. If you reside in a jurisdiction that has data privacy restrictions greater than those that exist in the United Kingdom, you are not authorised to use the Site and are not authorised to share with CaveFit any Personal Data via the Site.

General Provisions

English has been used in the preparation of these Terms and Conditions, and English shall be the controlling language with respect to these Terms and Conditions and their interpretation.

Any failure by CaveFit to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or the right to enforce same.

These Terms and Conditions shall be governed by the laws of the United Kingdom without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms and Conditions, or arising out of any other dispute or claim associated with CaveFit, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of, and courts in the United Kingdom (the “United Kingdom Courts”) for any litigation or dispute arising out of or relating to these Terms and Conditions; (ii) agree not to commence any litigation arising out of or relating to these Terms and Conditions except in the United Kingdom Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the United Kingdom Courts represent the exclusive jurisdiction for all disputes relating to these Terms and Conditions.

If any portion of these Terms and Conditions is held to be invalid, such holding shall not invalidate the other provisions of these Terms and Conditions.

Use of the Site is unauthorised in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Site is unauthorised in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction. The Site is not intended for use by persons located in jurisdictions that have data privacy restrictions greater than those existing in the United Kingdom.

You are responsible for compliance with applicable laws.

Submissions

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to CaveFit or a third party provider on the Site, by a Post or otherwise (collectively, “Submissions”), shall become CaveFit’s property; and you hereby transfer, sell, and assign to CaveFit all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. CaveFit has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. CaveFit shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Changes To Terms And Conditions

You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Contact

For questions or comments related to the Site or these Terms and Conditions, please email us at info@cave-fit.com.

Our contact information is posted below:


CAVEFIT WELLNESS LTD
info@cave-fit.com
40 North Frederick Street
Glasgow
G1 2BS
Company number: SC849340