TERMS OF USE

 

Please read these terms and conditions (“Terms”) carefully, as they contain important information regarding your legal rights, remedies and obligations. The  website (“Website”) is operated by The Peach Lab Gym LLC (“Peach Lab”, “we”, “us”, or “our”), which offers a variety of fitness-related products and services (“Peach Lab Services”).

By accessing or using the Website, whether as a visitor (simply browsing the Website) or as a member (upon creating an account with us and/or using a Peach Lab Services), you agree to be bound by these Terms, which are available at Terms and Conditions. Your access and use of the Website and/or the Peach Lab Services (regardless of whether you create an account with us), constitutes your agreement to these Terms. If you disagree with any part of these Terms, then you should leave the Website immediately and you are not permitted to use any Peach Lab Services. If you wish to become a member, you must read these Terms and indicate your acceptance in the registration process.

By accessing or using the Website and/or the Peach Lab Services, you also agree to our Privacy Policy which is available on this website. We reserve the right to update or modify these Terms or the Privacy Policy at any time and you should frequently check and review these Terms and the Privacy Policy for any updates or changes. Modifications will be effective on the day they are posted on the Website. By using the Website after we make any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them. Nothing in these Terms shall be deemed to confer any third party rights or benefits. 

 

MEMBER SERVICES AND POLICIES

 

Member Accounts: In order to access some features of the Website, and in order to use the Peach Lab Services, you are required to register as a member by creating an account with us. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Acceptance of an application for membership is at our absolute discretion (although we will exercise our discretion reasonably and in compliance with applicable laws). We will not deal or provide any services or products to any OFAC sanctioned countries or persons. 

 

Eligibility: The Website, as well as membership, is intended solely for anyone who is 18 years of age or older. By using the Peach Lab Services or the Website, you represent and warrant that you are 18 years or older. 

 

Password: When you create an account with us, you will be asked to choose a password. You are responsible for keeping the password secure and for maintaining the confidentiality of any and all actions that take place while using your account. You agree to notify us immediately of any breach of security or unauthorised use of your account. We are not responsible for any loss that results from the unauthorised use of your username and password, with or without your knowledge.

Communications: After signing up for an account with us, you may receive periodic communications regarding the Peach Lab Services. You can manage the messages you receive, by changing the preferences in your account on the Website.

 

Term, Account Termination and Suspension: These Terms shall remain in full force and effect while you use the Peach Lab Services or are a member. You may terminate your membership at any time, for any reason, through the Website. We reserve the right to terminate access to the Website, or to terminate or suspend any Peach Lab Services or your account at any time if we determine that you are or have been in repeat violation of these Terms, or we determine that you have created risk or possible legal exposure to Peach Lab, or due to any unexpected technical issues or problems. We will endeavour to notify you by email or at the next time you attempt to access your account after any such deactivation, termination or suspension. Even after membership is terminated, these Terms will remain in effect.

 

Membership: You can buy either a monthly or a yearly membership, both of which auto-renew but you can cancel any time by sending us an email to support@peachlab-ondemand.com or through your payment provider.

 

Payments: We accept payments online via our online providers. When you purchase packages online you will be prompted to pay through a third party payment provider.

  

Refunds: Memberships purchased are non-refundable. If you choose not to continue your series, you are not eligible for a refund.

 

LIMITATION OF LIABILITY

 

To the fullest extent permitted by law in the applicable jurisdiction, under no circumstances (including, without limitation, negligence) shall Peach Lab, its officers, directors, employees, instructors, independent contractors or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever arising from any (i) use of the Website, (ii) errors, mistakes, or content inaccuracies, (iii) personal injury or property damage, of any nature whatsoever, relating to the use of the Website, (iv) unauthorised access to our secured servers and personal information stored therein, (v) interruption or cessation of transmission to or from the Website, (vi) bugs or viruses which may be transmitted to or through the Website by any third party, (vii) defamatory, offensive or illegal conduct of any third party, and/or (viii) third party content or third party products and services.

These limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not Peach Lab has been informed of the possibility of such damages. The total liability of Peach Lab will be limited to the fullest extent permitted by applicable law.

You agree to defend, indemnify and hold us harmless, and our officers, directors, employees, instructors, independent contractors or agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from any breach by you of any of these Terms, your use of and access to the Website, and/or a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

OWNERSHIP AND USE OF CONTENT ON THE WEBSITE

 

Content on the Website, including without limitation, video, audio, photographs, images, designs, illustrations, animations, logos, text, comments, data, information, executable files, workouts and workout data, interactive features, copyrights, trademarks, patents, applications and any intellectual property, is owned by or licensed to The Peach Lab Gym LLC.

Content is protected by copyright and trademark laws, and is for your information and personal use only. When you download copyrighted material, you do not obtain any ownership rights to that material. You may not modify, copy, reproduce, publish, display, transmit, adapt, distribute, display, sell or in any way exploit any content for any purposes whatsoever without the prior written consent of Peach Lab.

Our Website may link to, interact with or be available on third party services or products such as social media providers and third party devices. If you access such third party services or products, be aware that different terms and privacy policies may apply to your usage of such services.

“Peach Lab”, “Peach Lab Gym”, and the “Peach Lab” logo and other graphics, logos, scripts, and designs are trademarks and trade names of The Peach Lab Gym LLC in the United Arab Emirates and other countries for which applications are pending. Peach Lab’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Peach Lab.

 

MOBILE SERVICES

 

While we strive to make our applications available on many platforms, we cannot guarantee that our applications will work with all carriers or devices. By downloading or using our applications, you expressly agree that we may communicate with you by SMS, MMS, text message, email or other electronic means directed to your mobile device and that certain information about your usage of the applications may be communicated to us.

 

DISCLAIMERS; NO WARRANTIES

 

To the fullest extent permitted by law in the applicable jurisdiction, Peach Lab, its officers, directors, employees, instructors, independent contractors and agents disclaim all warranties, express or implied, in connection with the Peach Lab Services, the Website and your use thereof. The Peach Lab makes no warranties or representations about the accuracy or completeness of the Website, its content, or the content of any sites linked to the Website, and assumes no liability and responsibility for any use of the Peach Lab Services or the Website.

We do not warrant that the Peach Lab Services will meet your requirements, and we cannot guarantee any specific results from the use of Peach Lab Services. You expressly acknowledge and agree that use of the Peach Lab Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. The Peach Lab Services are provided on an “as is” and “as available” basis and Peach Lab expressly disclaims any warranty of fitness for a particular purpose or non-infringement. 

 

ENTIRE AGREEMENT; NO WAIVER

 

These Terms, together with our Privacy Policy, and any other legal notices published by Peach Lab on the Website, shall constitute the entire agreement between you and Peach Lab. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Peach Lab’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 

 

GOVERNING LAW, JURISDICTION AND ARBITRATION

 

The Peach Lab Gym LLC is domiciled in the United Arab Emirates. These Terms, any other legal notices published by Peach Lab on the Website, and any disputes or claims arising out or in connection with these Terms, shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any disputes or claims will be conducted only on an individual basis and not in a class, consolidated or representative action. Both you and Peach Lab agree that the courts of the Dubai International Financial Centre shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms. You and Peach Lab agree that any cause of action arising out of or in connection with these Terms must commence within one year after the cause of action accrues, otherwise, such cause of action is prohibited. In the event of any litigation or binding arbitration arising from or related to these Terms, or the Peach Lab Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, legal fees, and all other related expenses incurred in such litigation or binding arbitration.

 

CONTACTING US

 

If you have any questions regarding these Terms, the Website, or the Peach Lab Services, please contact us on support@peachlab-ondemand.com.