Terms And Conditions Of Use.
TERMS AND CONDITIONS OF USE by Affiliates (UK).
These Terms and Conditions govern your use of our website by the Affiliate, (the “Website”) and your relationship with Escape Fitness Limited (Escape).Please read these terms carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms and Conditions, please do not subscribe as a member, use the Website, market or sell any of our Products or services.
Right of Use Of Website
- These Terms and Conditions apply between you, the Affiliate of this Website and Escape, 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.
- You may further use this website as an Affiliate of Escape for referral sales of Escape products. All such sales made to third Parties will be governed by the Standard Terms and Conditions of Business (UK) on the Escape website.
- A standard commission for all referral sales shall be paid as agreed between yourself and Escape.
- For payment of referral fees to take place the following must have taken place :
- A customer transaction must have occurred ,
- The customer must have paid in full for the products ,
- All payments shall be effected in Great British Pound (GBP) at the end of every calendar month.
Prohibited use of Website
- You may not use the Website for any of the following purposes:
- 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;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of Escape.
- Non Exclusivity
The Terms and Conditions do not create an exclusive Agreement between the Affiliate and Escape.
- Intellectual property and acceptable use
- All Intellectual Property rights on this website will remain the sole property of Escape and no licence is granted under these Terms and Conditions.
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content on the Escape website without the written permission of Escape.
- Each Party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other Party or of any member of the group of companies to which the other Party belongs, nor any of the terms of this Agreement, except as permitted by Clause 5.2.
- Each Party may disclose the other Party’s confidential information only: (I) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the Party’s rights or carrying out its obligations under or in connection with these Terms and Conditions . Each Party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other Party’s confidential information comply with this Clause; and (ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- No Party shall use any other Party’s confidential information for any purpose other than to exercise its rights or perform its obligations under or in connection with these Terms and Conditions.
- The Affiliate shall ensure that-
- it has obtained all necessary rights from third parties and any notification or consent requirements which may be required from any person in relation to or for the purposes of processing data for the purposes of providing Services in accordance with its obligations under these Terms And Conditions
- The Affiliate shall, upon request of Escape, provide to Escape all such documentation and information evidencing its compliance with the requirements of this Clause 6.
Affiliate agrees and accepts that nothing in these Terms and Conditions creates an obligation for Escape to share any information it gathers or acquires at any stage about any customer referred by the Affiliate.
- Representation of Affiliates
The Affiliate represents the following to Escape:
- it has the capacity to enter these Terms And Conditions and to perform the services provided for hereunder,
- it shall not be in breach any Applicable Laws and Regulations in abiding to these Terms and Conditions
- it is not bankrupt or subject to any administrative, insolvency order, tax or other proceedings,
- and has not been convicted for any criminal activity or been subject to any sanctions, regulatory or other investigations, for unlawful or unethical conduct or breach of any law, regulation or professional conduct
- It has full power and authority to execute and deliver Terms And Conditions
- Anti- bribery
Each Party represents, warrants and undertakes to the others that it shall comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including [but not limited] to the Bribery Act 2010.The Parties will promptly report to the other Party any request or demand for any undue financial or other advantage of any kind received by it in connection with the performance of these Terms and Conditions.
- Force Majeure
In the event either party is unable to perform its obligations under these Terms and Conditions because of acts of God, pandemics, epidemics, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
- 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.
- Affiliates agree that they are an independent contractor and will not hold themselves out as an agent or employee of Escape for any purpose.
- 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. Affiliates should check the Terms and Conditions regularly to ensure familiarity with the then current version.
- These Terms and Conditions are confidential between both parties and shall not be disclosed to a third Party.
- 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.
- 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.
- 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.
- These Terms and Conditions shall be governed by and interpreted according to the law of England and Wales and all disputes arising hereunder (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the England and Wales court.