TERMS AND CONDITIONS

• Terms of Use – which apply to all visitors to the Site, whether or not you make a purchase from us.
• Buying Terms – the terms which apply when you purchase from us.
• Privacy and Cookie Policy – which tells you how we use your personal data and cookies.
• Delivery and Returns Policy – which tells you how we deal with deliveries and returns.

In all parts of the terms, the following words will have the following meanings:

TERMS OF USE 

These Terms and Conditions apply to anyone visiting the Site, whether you order from us or not.

1. YOU PROMISE US
You agree that:

You are over the age of 18 years.
You will have only one Account with us.
You will not pretend to be someone else when you use the Site.
If you link to another site through us, you will read their terms and conditions.
You will not use robots, spiders, scrapers or similar things on the Site.
You will not try to get around any things we put on the Site to stop or limit access to parts of it.
You will not do anything that might cause our systems to crash.
You will not steal the Site or any part of it for use in any other site or application.
You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.
You will not use our trademarks and/or designs and/or layout before asking us.

2. INTELLECTUAL PROPERTY
2.1 We and our business partners own all of the IP and IPR on the Site and in our Products and in the Services. Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.
2.2 We will retain ownership of any and all IPR that may subsist in the Products and Services. We will grant to you a royalty-free, non-exclusive licence to use the IP solely for the purpose of enhancing your personal fitness and not for any purpose, whether commercial or otherwise.
2.3 All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel appropriate.
2.4 You may download and print any Material for your own use only, and not for any commercial or other use whatsoever. None of the Material may be extracted, copied or otherwise used except as provided for in this clause.

3. DISCLAIMERS
3.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectations, but we are unable to guarantee that it will.
3.2 We are not able to guarantee that the Site will work with your device or will be secure.
3.3 Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, we cannot guarantee its accuracy and suggest that, if any information is important to you, you verify it independently.
3.4 Any advice we offer on the Site is only general in nature and may not apply to you. You must not rely on that advice when you make any decisions
3.5 If using the Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.
3.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.

4. FORUMS
4.1 When using any forums we may put up on the Site you agree to abide by the following rules:

• You must not use obscene or vulgar language.
• Nothing you submit can be unlawful or otherwise objectionable.
• You must not publish material which may be abusive, threatening, harassing, defamatory, racist, ageist or sexist.
• Nothing you submit may be designed to promote violence.
• You must not post links to other sites which may break these rules.
• You cannot use any forum to advertise.
• You must not impersonate anyone else.
• You may not post anything which contains any viruses, trojans, crawlers or anything else which might damage, interrogate or otherwise access our software, hardware or communications networks.

4.2 We have the absolute right to moderate all posts on the Site and to remove any post which we do not want.
4.3 When you submit a post you are warranting that you are the author of that post and that you own all rights associated with it and that we can repost it without paying or getting permission from anyone.
4.4 When viewing posts you accept that we are not the author and that any views expressed may not be our views.
4.5 If you see a post which you find objectionable, tell us as soon as you can and we will consider whether or not it should be removed.
4.6 It is your responsibility to keep your password secure and to remember it.

5. AVAILABILITY OF THE SITE
5.1 We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.
5.2 We have the right to change the Site and the Products and the Services it offers, suspend it or stop it at any time, without compensating you.

6. LIMITATION OF LIABILITY
6.1 As far as we are allowed by law we deny liability for any loss of all kinds which you incur from visiting the Site. You use the Site at your own risk.
6.2 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence, or fraud, on our part.

7. LINKS TO OTHER WEBSITES
7.1 We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.
7.2 We are not responsible for evaluating other sites to which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and conditions and privacy policies of all sites we link to.
7.3 A link to another site does not mean that we endorse or recommend that site.
7.4 We can never guarantee that a link that we offer will work.

8. MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE
8.1 These Terms and Conditions will change from time to time and we do not have the resources to let all our visitors know about the changes.
8.2 Each time you visit the Site, you agree to look at this page to see if we have changed any Terms and Conditions.
8.3 We may change the Site as often as we choose, and these Terms and Conditions will still apply to any changes we make.

9. DATA PROTECTION AND PRIVACY
You and we both agree to comply with the Privacy Notice which forms part of the Agreement.

10. NO WAIVER
No failure by us to enforce any provision in these Terms and Conditions will constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure will not be deemed to be a waiver of any preceding or subsequent breach and will not constitute a continuing waiver.

11. SEVERANCE
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the rest of these Terms and Conditions and the remainder of the provision in question will not be affected.

12. THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions has any rights under the Contracts (Rights of Third Parties) Act 1999.

13. FORCE MAJEURE
No party to these Terms and Conditions, and any Agreement made under them, shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, epidemic, pandemic or any other event that is beyond the control of the party in question.

14. ADDITIONAL TERMS
14.1 Operative Law – These Terms and Conditions and any Agreement under which they operate are made under the laws of England and Wales and that is the only jurisdiction which can govern it.
14.2 Partnership/Joint Ventures – We are not entering into a partnership or co-venture with you.
14.3 Effect – These Terms and Conditions supersede all previous Terms and Conditions and represent the entire understanding between you and us.
14.4 Time of the Essence – Time will not be of the essence in any part of these Terms and Conditions.
14.5 Notices – If either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.
14.6 Entire Agreement – These Terms and Conditions contain the entire understanding between us.

BUYING TERMS

These Terms apply if you want to buy anything using the Site.

1. ACCOUNTS
1.1 If you want to order anything from us, you must either create an Account or check out as a guest.
1.2 When you create an Account you promise that: All information you give us is accurate and truthful. You will keep this information accurate and up-to-date. You will not share your Account with anyone else. You will keep your Account details confidential. You will not give your username or password to anyone else. You must log off when you exit the Account.
1.3 We may close your Account if you break these Terms or if there has been no activity on the Account for 12 months and you do not reactivate the Account after we have requested that you do so.
1.4 If we send a payment to your bank account and it is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep the monies in that account, to offset the expenses we have incurred, and you will be entitled to nothing.
1.5 If you do anything which we think might be fraud, we have the right to report those actions to the Police and the money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud.
1.6 You may only have one Account with us.
1.7 To receive cashbacks and other money back offers and to be part of our referral programme you must be a UK resident with a UK bank account.
1.8 If you change your address at any time you must tell us.
1.9 If we earn any commission on any transaction in which we are involved or any interest on the money deposited in your Account we may keep that commission and/or interest.
1.10 You can cancel your Account with us at any time; all you need to do is to email us at  info@rallyready.co.uk.

2. PRODUCTS
2.1 Our products are designed to treat minor injuries only and are not a substitute for proper medical treatment.
2.2 We offer no medical advice in relation to the use of our Products and if you have any doubt whatever, if a specific Product is suitable, YOU MUST seek qualified medical assistance before using that Product
2.3 We cannot guarantee that the packaging you see on the Site will be that which is delivered to you.
2.4 If you are buying a Product which comes in varying sizes, it is your responsibility to ensure that the size you order is correct.
2.5 If you use any of our Products on a third party:

• Bear in mind that you may take on a personal responsibility if anything goes wrong;
• As we cannot control the use of that Product, we disclaim (as far as we are allowed to do so by law) any liability for the use of that Product and you agree to provide a full and complete indemnity to us, if we face legal action as a result of that use

3. PAYMENT
3.1 Payment for any Product must be made through the Site, using the methods we provide.
3.2 We will not retain any information relating to your bank or credit cards except the information that you give to us so that we can credit your bank account.
3.3 Our payment gateways may retain information relating to your bank and credit cards, so that they can provide the payment service we and you benefit from.

4. VOUCHER CODES/DISCOUNT CODES/COUPON CODES
We may offer voucher, discount and coupon codes from time to time; they will be effective only on the terms on which they are offered.

5. THE CONTRACT BETWEEN YOU AND US
5.1 A binding contract, on these Terms, will come into existence when we accept an order from you.
5.2 You will have the opportunity to review and amend that order before you finally confirm it.
5.3 When you make an order with us, we will send you an email acknowledging that order and its value. The acknowledgement is not an acceptance of your order and we have the right to decline any order for any reason, before we accept it.
5.4 We will tell you, by email, when we have accepted your order (or any part of it), and that email will count as our acceptance of that order.
5.5 If, for any reason, we cannot supply the Product you have ordered, even after we have accepted your order, as long as we refund all money you have paid us, we will have no further liability to you.
5.6 You will own the Product as soon as we have received payment for it in full and we have dispatched it to you.

6. COMPLAINTS
In the unlikely event that you wish to make a complaint about any Product or service we offer, please contact us at: Performance Packs Ltd, First Floor, 202 Kensington Church Street, London, England, W8 4DP - Or Email: info@rallyready.co.uk.

7. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
7.1 We will not be liable for any failure or delay in performing our obligations under these Terms if that failure or delay arises because of any cause beyond our reasonable control.
7.2 Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
7.3 If this happens: We will tell you as soon as we reasonably can; We will do all that we reasonably can to minimise the delay; If we cannot minimise the delay, we will cancel your order for the Product and refund you the money you have paid us, using the same method by which you paid us.

8. TRANSFERRING RIGHTS AND OBLIGATIONS
8.1 We may transfer (assign) our rights and obligations under these Terms to a third party. This might happen if we sell our business. If that happens, we will tell you and your rights under these Terms will not be affected.
8.2 You may not transfer (assign) your rights and obligations under these Terms.

9. LIMITATION OF LIABILITY
9.1 We deny, as far as we are legally able, all liability for any losses you may incur in the purchase of any Product.
9.2 In any event, we are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
9.3 Nothing in these Terms limits our liability:

• for death or personal injury caused by our negligence;
• under section 2(3) of the Consumer Protection Act 1987;
• for fraud or fraudulent misrepresentation; or
• for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.