Terms of Use
Last revised: December 29th, 2020
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Welcome to turqperformance.com’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. We offer a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
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We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at contact@turqperformance.com.
1.1. Our Purpose
Our services offer our users the ability to become healthier, more athletic and to increase performance not only in sports but in everyday life. Our aim is to improve human performance. Our primary purpose is to use our exercise background and sporting experience to help others improve every aspect of their life and become the best person they can be. We work with people of all fitness backgrounds and ages in order to provide an awareness of the tools necessary to lead a healthy, active lifestyle whilst having fun. Excellence in athletic performance is the result of sound skill and physical training accompanied by appropriate diet, optimal rest and recovery cycles. We aim to share our sporting and exercise knowledge with clients and athletes, in order to enhance their performance and provide them with the skills needed to reach their peak potential. Our goal is to PROMOTE EXCELLENCE.
2.1. Website Owner, the Offering, and Binding of Terms
This website is owned and operated by Thomas Urquhart. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors Luxury Clothing, Online Coaching, Personal Training, and Training Plans. By accessing or using the website or our service, you approve that you have read, understood, and agree to be bound by these Terms.
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3.1. Who Can Use Our Website & What Are The Requirements to Create An Account?
In order to use our website, you must be at least 13 years of age and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
(i) You agree to: (a) maintain the security of your user identification, password and other confidential information relating to your account; (b) be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) be responsible for all charges resulting from use of your account, including unauthorized use prior to you notifying us in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the terms and conditions set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services.
4.1. Key Commercial Terms Offered to Customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services/ for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
5.1. Return and Refund Policy
For any undamaged clothing, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: Online Coaching (once the training program has been prescribed), Personal Training and Training Plans.
5.2. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option or email contact@turqperformance.com, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Tax changes and excluding any discount or other promotional offer provided for the first period). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/ or suspend or cancel your User Account, without further notice.
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By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
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You may turn-off the auto-renewal option for Renewing Paid Services at any time by emailing contact@turqperformance.com.
You are and shall be solely responsible to verify and ensure the successful renewal of our Services you use. Accordingly, you shall be solely responsible with respect to any discontinuation of any of our Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any of our Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against us in relation to the discontinuation of any of our Services or Third-Party Services, for whatever reason.
5.3. Money-Back Guarantee
If you are not satisfied with our Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws.
After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any of our Services actually received, as permitted by law.
Please note: Certain services purchased on our website may be non-refundable. These include our Online Coaching (once the training program has been prescribed) and Training Plans. The terms of each purchased service or application are indicated on our Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. We will not refund any amounts paid for non-refundable Paid Services, applications or Third-Party Services.
6.1. Retention of Right to Change Offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
7.1. Warranties & Responsibility for Services and Products
When we receive a valid warranty claim for a product purchased from us, we will either repair/ modify the relevant defect or replace the product. If we are unable to repair/ modify or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and the customer will be responsible for return shipment of the product to us.
8.1. Ownership of Intellectual Property, Copyrights and Logos
The Service and all materials therein or transferred thereby, including, without limitation, images, text, graphics, logos, diagrams, patents, trademarks, service marks, copyrights, photographs, videos, and all Intellectual Property Rights related thereto, are the exclusive property of Thomas Urquhart. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/ transfer/ send the content. You agree and consent that the uploaded/ transferred content may be publicly displayed on the website.
No parts of our services may be reproduced, distributed or transmitted in any form or by any means, whether re-drawn, enlarged or otherwise altered including mechanical, photocopying, digital storage, recording, retrieval or otherwise, without written permission from Thomas Urquhart.
We appreciate your honesty and integrity and ask that you do not participate in or encourage piracy of copyrighted material. Be sure to purchase (or download) only authorized material.
9.1. Right to Suspend or Cancel User Account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
10.1. Indemnification
You agree to indemnify and hold Thomas Urquhart harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
11.1. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Thomas Urquhart, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Thomas Urquhart assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
While every care was taken during the production of our services, Thomas Urquhart cannot be held responsible for the accuracy of any information or any consequence arising from them.
The health and fitness information presented in our products should be used as an educational resource and is not intended as a substitute for medical advice. Consult your doctor or healthcare professional before performing any of the exercises prescribed or any other exercise program, particularly if you are pregnant, elderly or have chronic or recurring medical conditions. Do not attempt any of the exercises prescribed to you in our training plans or training programs while under the influence of alcohol or drugs. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert. Neither Thomas Urquhart, the producer or distributor of such information make any warranty of any kind in regard to the content of the information presented in our products.
If and when you begin to use our products, you accept all responsibility and liability. Our products are not to be redistributed or re-sold.
12.1. Right to Change and Modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
13.1. Privacy
We encourage you to read our Privacy Policy for a description of such data collection and use practices.
14.1. Promotional Emails and Content
You agree to receive promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please notify us at any time by emailing contact@turqperformance.com.
15.1. Notices
We may provide you with notices in any of the following methods: (1) via our Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
16.1. Preference of Law and Dispute Resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America/ New York, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in New York, NY. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.