Terms and Conditions

1. Introduction

1.1 These terms and conditions (the “Terms”) are the terms on which this website https://facegym.com (the “Website”) is made available to you (“You”/”Your”). Please read these Terms carefully before using Our Website.

1.2 By using or accessing Our Website, You agree to be legally bound by these Terms as they apply to Your use of or access to Our Website.

1.3 If You do not wish to be bound by these Terms then please refrain from using Our Website.

1.4 Any products which are available for You to purchase on or via Our Website are subject to additional terms and conditions which will be notified to You when You follow the ordering procedures set out on the relevant order page.

2. Information About Us

2.1 We trade as FACEGYM Ltd a company registered in England and Wales under registration number 7544240 and our registered address is 1-4 Argyll Street, London, W1F 7TA. (“We”/“Us”/”Our”) and FACEGYM US INC LLC, a company registered at 800 North State Street, SUITE 304, DOVER, Delaware 19901.

2.2 If You have any questions, complaints or comments on this Website then You may contact us on info@facegym.com.

2.3 Our VAT number is GB 184844178.

3. Studio Workouts

3.1 To register or make a Booking on our Website, you must be at least 18 years of age.

3.1.1 When booking a workout on our Website, you will also be registered for an online account with FACEGYM.

3.1.2 You will receive an email asking you to confirm your account with us and you will be asked to choose a user ID and password.

3.1.3 You must not use your account or user ID to impersonate any other person.

3.1.4 You must keep your password confidential.

3.1.5  You must notify us in writing immediately if you become aware of any disclosure of your password.

3.1.6 You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

3.1.7 By creating an account or making a Booking, you consent to receive marketing communications from FACEGYM via email or SMS. You may opt out at any time by following the instructions in our messages.

3.2 To make a Booking for beauty treatments, or to purchase gift cards, simply follow the steps set out on the Website.

3.3 The costs of our treatments will be shown on the Website and may be updated from time to time. If there are any changes made to our prices, those changes will not affect any Booking which has been made prior to the date of the introduction of the new prices.

3.2 When you make a Booking, your credit card will be authorised for the full amount of the Booking, but will not be charged until the point treatment has been completed, or if the treatment is cancelled within our specified minimum cancellation notice period, or if you do not turn up for your treatment

3.2.1 If any payment is rejected, reversed or returned unpaid, you will be liable to cover processing costs.

3.2.2 We reserve the right to suspend future Bookings or Membership benefits until all outstanding sums are settled.

3.2.3 In the event of any outstanding balance on your account, you authorize us to charge any and all payment methods currently associated with your account. This may include, but is not limited to, credit cards, debit cards, or other payment methods you have previously provided, until the balance is paid in full.

3.3 We recommend that you arrive for your appointment at least 10 minutes in advance. Late arrival may result in reduced treatment time or loss of your appointment.

3.4 We aim to provide all Services on time. However, should we need to cancel or postpone your appointment at short notice, we will make every effort to contact you in advance

3.5 By making a Booking or purchasing a gift card you are confirming to us that you have provided all relevant information to us in relation to the contraindications listed on the consultation form prior to booking in relation to all persons who will be receiving any Services from FACEGYM.

3.5.1 You accept that we shall not be liable if any such matters or other relevant information are not disclosed prior to treatment. If such relevant information is not disclosed in advance and is either subsequently disclosed or suspected by FACEGYM employees at their sole discretion, you acknowledge that FACEGYM may not be able to provide a treatment and, should service be refused due to non-disclosure, FACEGYM reserves the right to charge in full for treatments booked.

4. Gift Cards

4.1 Gift cards are redeemable as part or full payment for services and products (skincare and tools) at any of our UK FACEGYM studios and must be presented at the time of redemption.

4.2 We will collect certain details from you during the Booking process or when you purchase gift cards. You agree that we will use those details in accordance with the terms of our Privacy Policy, which you can find here: https://facegym.com/pages/privacy-policy

4.3 Discounts cannot be used to buy studio gift cards. Studio gift cards cannot be used to buy products or services on facegym.com. The gift card is not redeemable in Soho Farmhouse, All Space NK locations, Selfridges London or Selfridges Manchester. 

4.4 Studio gift cards are valid for a period of twelve months from the date of purchase, are non-refundable and cannot be redeemed for cash. Gift Cards cannot be used for Membership billing. Gift cards are not redeemable on product purchases on facegym.com

4.5 Please ensure that your gift card is valid prior to your workout, we have the right to refuse gift cards past the 12 month expiry date. You can check your gift card validity here.

5. Cancellation Policy

5.1. Workout cancellations and reschedules must be made at least 24 hours in advance through the app or your online account. We do not accept cancellations or amendments via email or telephone. If changes are made within 24 hours, the full cost of your workout will be charged.

5.1.1 We allow a 10 minute grace period for late arrivals. If you arrive later, this will be considered a late cancellation and the full workout will be charged. We reserve the right to offer your appointment to another client.

5.2 We reserve the right to cancel workouts  for any reason, including if, for example, your payment is not authorised by the payment system, there is an error on the Website regarding the price or description of a product or the treatment you have ordered is no longer available.

5.3 Stored payment methods may be used to process cancellation fees, membership renewals, or no-show charges in accordance with these Terms. You authorize such use when submitting your payment details.

5.4 We require a completed contraindication form 48hrs before your scheduled workout time and we reserve the right to cancel your workout if incomplete or if a contraindication is present. 

RIGHT OF REFUSAL

5.5 FACEGYM reserves the right to refuse service. Examples may include if the client:

• Is under the age of 18

• Has health issues that may affect or be affected by the service

• Has purposely hidden any information of hindering the safe delivery of the service

• Behaves improperly and/or is intoxicated

• Verbal or physical aggression, harassment or assault towards our staff or guests will result in service refusal and an instant ban from the studio

5.5.1 Refunds will not be issued if refusal is due to customer misconduct or non-disclosure.

6. Buying Products on Our Website

6.1 To order a product You will need to follow the ordering procedures set out on the relevant order page.

6.2 Details of the prices for the products, and the procedures for payment and delivery are displayed on or through Our Website. The price of any product is the price in force at the date and time of Your order. The price of any product includes VAT but excludes any delivery charge.

6.3 You undertake that all details You provide to Us for the purpose of purchasing goods which may be offered by Us on Our Website will be correct, that the credit or debit card, or any electronic cash, which You use is Your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of Your credit or debit card details from Your card issuer before providing You with any goods.

6.4. Discount codes and offers cannot be redeemed on sale or promotional items.

6.4.1 From time to time we will make promotional codes available. Only one code may be used per transaction. We will alert You to additional specific terms which apply to such promotional codes at the relevant time.

6.5 Returns of unused products in their original packaging are eligible for a full refund within 30 days with the original receipt or delivery note.

6.5.1 Online orders can only be returned online and products purchased in studio to a studio directly.

6.5.2 Products purchased from other retailers are subject to the returns policies of those retailers and will not be accepted by FACEGYM. If you need to make a return, please contact the retailer you bought your product from.

6.5.3 Facegym does not accept liability for goods in transit or for the cost of return.

Our delivery and returns policy is outlined here. 

7. Products Sale

7.1 You must pay for the products by credit, debit card or Paypal account at the time of the order, at which time You will be notified of the current price.

7.2 We are entitled to refuse any order placed by You. If Your order is accepted, We will confirm acceptance to You by online electronic means (‘Confirmation’) to the e-mail address You have given Us on ordering. The order will then be processed within 2-3 days.

7.3 To cancel Your order after it has been dispatched to You, you will need to follow the Returns Policy and Procedure.

8. Reselling Products

8.1 Please note that all products available on Our Website are for personal use only. You may not sell or resell any of the products.

8.2 We reserve the right to cancel or reduce the quantity of any orders that we believe may result in the violation of our Terms.

9. Modifications to Our Website

9.1 We reserve the right to alter, suspend or discontinue any aspect of Our Website or the content or available through it, including Your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new products shall be subject to these Terms.

10. Information You Provide

10.1 The following applies to any information You provide to us, for example during any registration or ordering process:

10.1.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies You, including but not limited to Your name and address, to the extent reasonably necessary to provide the services which are available through Our Website by Us or our sub-contractors. If You obtain or choose to buy products through Our Website then We may collect information about Your buying behaviour and if You send Us personal correspondence such as e-mails or letters then We may collect this information into a file specific to You. All such information collected by Us shall be referred to in these Terms as “Personal Information”;

10.1.2 You must ensure that the Personal Information You provide is accurate and complete and that all ordering or registration details (where applicable) contain Your correct name, address and other requested details.

10.2 You must read Our Privacy Policy which contains important information about the use of Your Personal Information and other information regarding Your Privacy.
9.3 If You would like to review or modify any part of Your Personal Information then You should e-mail Us at corporate@facegym.com

11. Security

11.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on Our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorized use of them or any other breach of security regarding Our Website that comes to Your attention.

12. Applicability of Online Materials

12.1 Personal Use
Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.

12.2 Compliance with Law
We make no representations that the materials on Our Website is appropriate or available for use in locations outside the UK.

12.3 Exclusion of Warranties
We make no warranties, express or implied that making the products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the products or any part available in Your jurisdiction or to You (by reason of nationality, residence or otherwise) is prohibited, those products are not offered for sale to You. You accept that if you are resident outside the UK, You must satisfy yourself that You are lawfully able to purchase the products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

13. Copyright

13.1 Your use of Our Website and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in Our Website and its contents.

13.2 You may not copy, reproduce, republish, download, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for Your own personal use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

13.3 Any use other than that permitted above may only be undertaken with Our prior express authorisation.

13.4 By submitting information, text, photos, graphics or other content to Us via Our Website, You grant Us a right to use such materials at Our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from Our Website.

14. Linking and use of Cookies 

14.1 You may establish links to the Website provided:

• You link only to the home page of the Website;

• You do not remove or obscure advertisements, the copyright notice or other notices on the Website;

• You give us notice of such link by sending an e-mail message to us at corporate@facegym.com and

• You immediately stop providing links to the Website if notified by Us.

14.2 We make no representations whatsoever about any other websites which You may access through Our Website or which may link to Our Website. These links are provided for Your ease of reference and convenience only. When You access any other website it is independent from Us. We have no control over the content or availability of that website. In addition, a link to any other site does not mean that We endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. You agree that You will not involve Us in any dispute between You and the third party. Any concerns regarding any external link should be directed to its website administrator or web master.

14.3 Use of Cookies
14.3.1 As a result of viewing Our Website We may log certain information about You by using cookies. Cookies are small files which are stored upon the hard drive of Your computer. We may use cookies to:

• measure the number of visitors to Our Website;

• see how visitors navigate Our Website and to see which resources they access;

• see what visitors’ buying behaviors are to allow us to see the latest buying trends; and

• see information about visitors’ internet connections and the equipment used to access Our Website.

14.3.2 We use this information to help Us to improve the content of Our Website or to improve the matching of Your interests or preferences.

14.3.3 The information We collect using cookies does not identify You personally. For example, it does not identify Your email address. It may include the IP address and/or the domain name of the computer You use. You should be aware that this information might therefore also identify (i) the company You work for (if You access Our Website from Your place of work), or (ii) Your Internet Service Provider. It may also identify information about Your computer, for example Your operating system and browser type.

14.3.4 If You access Our Website by way of a hardware firewall, a proxy server or any other kind of router (such as a dial-up modem connection at Your ISP) then it is the address of the router that will appear in Our logs and not the address of Your computer.

14.3.5 If You do not want a cookie to be stored in Your computer, most Internet browsers have functions to erase cookies from the computer’s hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie. If You refuse to accept cookies You may be unable to access certain parts of Our Website.

15. Your use of Our Website 

15.1 You agree that in using Our Website You will not:

• use Our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;

• use Our Website in any way that interrupts, damages, impairs or renders the Website less efficient;

• use Our Website for any purpose other than Your personal use;

• email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing; threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

• advertise or promote third party or Your own products or services including by way of the distribution of ‘spam’ email;

• transfer files that contain viruses, trojans or other harmful programs; or

• access or attempt to access the accounts of other users or to penetrate or attempt to penetrate Our Website security measures.

15.2 We reserve the right to suspend, restrict or terminate Your access to Our Website at any time without notice at Our discretion if we have reasonable grounds to believe You have breached any of the restrictions above.

15.3 You confirm that:

• You will comply with the restrictions on Your use of the Website as set out in these Terms; and

• in relation to any material submitted to or posted on the Website You have the right to do so and have obtained all necessary licenses and or approvals.

15.4 You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of Our Website including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party.

16. Availability of Our Website 

16.1 We will try to make Our Website available but cannot guarantee that Our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.

16.2 Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.

17. Liability

17.1 Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms shall be limited in aggregate to the net payment to Us from You for the product concerned.

17.2 Nothing in these Terms shall exclude or limit Our liability for; death or personal injury resulting from negligence,fraudulent misrepresentation; liabilities in any way that is not permitted under applicable law; or any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

17.3 All content and services on Our Website are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or give any warranty (whether express or implied) in respect of Our Website or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Website. Nothing in these Terms shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).

17.4 . We do not accept liability for damage to Your computer system or loss of data that results from Your use of the Website. We do not guarantee or warrant that any material available for downloading from Our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy Your particular requirements for the accuracy of data input and output. You are responsible for ensuring that Your computer system meets all relevant technical specifications necessary to use Our Website and is compatible with Our Website.

18. General

18.1 Alterations
We may alter these Terms from time to time and post the new version on Our Website, following which all use of Our Website will be governed by that version. You will be deemed to have accepted any such changes by Your use of Our Website from such time. You must check the terms and conditions on Our Website regularly.

18.2 Illegality
If any provision of these Terms is found by a court or regulator to be illegal, unlawful, invalid or unenforceable the other provisions shall continue to apply.

18.3 Jurisdiction
In the event of any dispute between You and Us concerning these Terms, relevant United Kingdom law will apply. If You wish to take court proceedings against Us You must do so within the United Kingdom. If You are buying Our products from anywhere outside the UK this does not deprive You of the protection afforded to You by virtue of local laws in that territory.

18.4 Causes beyond Control
Neither you nor FACEGYM Ltd will be held liable for any failure to perform any obligation to the other due to causes beyond Your or Our respective reasonable control.

18.5 No Waiver
If you breach these Terms and We take no action against You, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms.

18.6 Warranty
We can only provide refunds for FACEGYM tools purchased directly from FACEGYM.COM. If you have purchased from a third party, please reach out to them directly for details on their return policy.

 18. Notices

All notices shall be given:

• to Us via e-mail at info@facegym.com or

• to You at either the e-mail or postal address you provide during any ordering process.

Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

19. Replacement

These Terms replace all other terms and conditions previously applicable to the use of Our Website.

20. Lost Property Policy

FACEGYM is not responsible for loss, damage, or theft of personal property.

While reasonable care will be taken to secure found items, FACEGYM disclaims all liability for lost property.

Found items will be kept for a retention period of 60 days from the date of submission. After the retention period, unclaimed items may be disposed of, donated, or sold at the discretion of FACEGYM. 

21. Welcome Offer & Discount Codes

Please note welcome codes are only valid on your first product purchase and first workout booking made online only. Discount codes are not transferable and not redeemable for cash, credit or toward purchases.

Please note, discount codes cannot be used in the following situations unless explicitly stated in the T&Cs of the offer:

1. In conjunction with any other offer (including promotional sales). 

2. On Gift Cards or E-Gift card purchases

3. On kits or the FACEGYM Pro.

4. On FACEGYM membership.

5. On membership workout bookings

6. On any workout bookings or boosters. 

FACEGYM reserves the right to modify or cancel the discount at any time without prior notice.

FIRST10 - is limited to one use per customer and restricted to one email address per customer and FACEGYM have the right to decline use of the code or reclaim the amount of any discount or credit, both online and in studio if it is believed to be abused. Excludes SpaceNK locations, Soho Farmhouse, Klum Hotel and The Emory. 

We reserve the right at any time to limit the amount of FIRST10 studio bookings; particularly at peak times (e.g. school holidays and bank holiday weekends), therefore we recommend booking early.

MIDWEEKTREAT - discount code is only applicable where there are available booking slots on dates specified. If multiple Boosters are added, only the lowest price Booster is free. Excludes Tighten and Firm (Full) and Tighten and Firm (Partial) boosters. Excludes bookings at Soho Farmhouse and SPACENK studios.

SOCIAL/INFLUENCER - discount codes (e.g., REMI20) only applicable for Workouts & Boosters. Mon-Weds only. Excluding Membership services. 

HG692 & HG592 - applies to base workouts (Signature Sculpt or Signature Hands) booked from Monday to Wednesday only, subject to availability. Restricted to one use per customer. Not applicable to members. FACEGYM reserve the right to withdraw this code at any time.

MEMBERSTREAT - Online bookings only. UK Studios only excluding SpaceNK Canary Wharf & Surrenne at The Emory. Excludes Tighten+Firm Boosters (partial and full) and weekend bookings

BOXINGDAYTREAT - Online bookings only, Free Intense Cleanse* (Clear Skin, CBD, Glow, Shield), UK studios only, SpaceNK Canary Wharf & Surrenne at The Emory. valid Boxing Day (26/12/2024) to Wednesday (01/01/2025). Code must be applied at checkout and cannot be applied in studio. 

MD10 - For the purchase of online gift cards only, applicable on gift card purchases over £100 / $100 USD. Usual gift card terms apply. Offer valid between 24/03/2024 - 31/03/2024. Code must be applied at checkout and cannot be applied in studio. 

22. Packages

All Packages purchased prior to April 2023 will expire on 31/12/2024 as these have now been discontinued. All package sessions must be redeemed on or before 31/12/2024. 

23. Membership

Please see the Membership terms and conditions here.

MEMBERSBOOST discount code is only applicable where there are available booking slots on dates specified. If multiple Boosters are added, only the lowest price Booster is free. Excludes Tighten and Firm (Full) and Tighten and Firm (Partial) boosters. Excludes bookings at Soho Farmhouse.

24. Accessibility 

Please see our accessibility policy here.

25. Mobile Terms of Service

25.1 The FaceGym mobile message service (the "Service") is operated by FACEGYM LTD (“FaceGym”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

25.2.1 By consenting to FACEGYM'S SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of FACEGYM through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

25.2.2 You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with FACEGYM. Your participation in this program is completely voluntary.

25.2.3  We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

25.2.4 You may opt-out of the Service at any time. Text the single keyword command STOP to FACEGYM or click the unsubscribe link (where available) in any text message to cancel. 

25.2.5  You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other FACEGYM mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to FACEGYM or email info@facegym.com.

25.2.6 We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

25.2.7 The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

25.2.8 To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

26. Content License 

26.1 You hereby grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media and to reproduce, store and publish your content.

26.2 You grant to us the right to sub-license the rights licensed under Section 17.1.

26.3 You grant to us the right to bring an action for infringement of the rights licensed under Section 17.1.

26.4 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

26.5 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

YOUR CONTENT RULES

26.6 You warrant and represent that your content will comply with these terms and conditions.

26.7 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

26.8 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute or promote any criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of any contractual obligation owed to any person;
(k) be untrue, false, inaccurate or misleading;
(l) contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(m) constitute spam; or
(n) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

26.9 You must not use our Website to post any link to any Website or web page without our written permission.

INDEMNITY

27.0 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of these terms and conditions.

FORCE MAJEURE

27.1 We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disorder, labour disputes, epidemic, pandemic, utility failures or government actions.

BINDING ARBITRATION & CLASS-ACTION WAIVER

27.2 Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.

27.3 You and FACEGYM agree to arbitrate only on an individual basis, and not to bring or participate in a class, consolidated, or representative action.

27.4 Either party may (i) seek individual relief in small-claims court or (ii) pursue injunctive relief in a court of competent jurisdiction.

27.5 You may opt-out of arbitration by sending written notice to info@facegym.com within 30 days of first accepting these Terms.