Terms of Use

Terms of Use

1.    Introduction

1.1    These Terms of Use shall govern your use of our website which is based on an elliptical trainer and their use in your lifestyle. Hot elliptical trainers offers wide range of exercise equipments in our respective website and allows users to share feedback, suggestions, reviews and other content for our website and products. All content provides by our users for elliptical machines in form of text,graphics, etc will be protected by us. The content should be related to elliptical reviews and we reserve the right to modify the contents of this at any time but we donot have any obligation the opinions and views on products.

1.2    By using our website, you accept these Terms of Use in full; accordingly, if you disagree with these Terms of Use or any part of these Terms of Use, you must not use our website. If at any time these Terms of Use are modified the revised Terms of Use will apply to the use of our website from the date published; if you do not agree to the revised Terms of Use, you must stop using our website.
1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these Terms of Use.
1.4    You must be at least [18] years of age to use our website; and by using our website or agreeing to these Terms of Use, you warrant and represent to us that you are at least [18] years of age.
1.5    Our website uses cookies; by using our website or agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

2.    Credit

2.1    This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3.    Copyright notice

3.1     Copyright (c) 2015 www.hotellipticaltrainers.com
3.2     Subject to the express provisions of these Terms of Use:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1    You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser, subject to the other provisions of these Terms of Use.
4.2     Except as expressly permitted by Section 4.1 or the other provisions of these Terms of Use, you must not download any material from our website or save any such material to your computer.
4.3      You may only use our website for your own personal and business purpose, and you must not use our website for any other purposes.
4.4      Except as expressly permitted by these Terms of Use, you must not edit or otherwise modify any material on our website.
4.5      Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6      Notwithstanding Section 4.5, you may pass on our website URLs in print and electronic form to any person.
4.7      We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5.    Acceptable use

5.1     You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) violate the directives set out in the robots.txt file for our website; or
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2      You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3       You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6.     Registration and accounts (where account registration is offered)

6.1     To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.
6.2     You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3     You must not allow any other person to use your account to access the website.
6.4     You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5     You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7.    User IDs and passwords

7.1     If you register for an account with our website, we will provide you with / you will be asked to choose a user ID and password.
7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3     You must keep your password confidential.
7.4     You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5     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.

8. Cancellation and suspension of account

8.1      We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details, at any time in our sole discretion without notice or explanation.

8.2     You may cancel your account on our website using your account control panel on the website.

9.     Your content: licence

9.1      In these Terms of Use, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2     You 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 / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3     You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4     You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5     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.
9.6     You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7      Without prejudice to our other rights under these Terms of Use, if you breach any provision of these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may delete, unpublish or edit any or all of your content.

10.    Your content: rules

10.1     You warrant and represent that your content will comply with these Terms of Use.
10.2     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).
10.3     Your content, and the use of your content by us in accordance with these Terms of Use, 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 an incitement to commit a crime, instructions for the commission of a crime or the promotion of 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 official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or 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;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.

11. Limited warranties

11.1     We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2     We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms of Use, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3      To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these Terms of Use, our website and the use of our website.

12.    Limitations and exclusions of liability

12.1     Nothing in a contract under these Terms of Use will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2    The limitations and exclusions of liability set out in this Section 12 and elsewhere in a contract under these Terms of Use:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.

12.3     To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4      We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5      We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6      We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7      We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8      You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms of Use (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13.    Breaches of these Terms of Use

13.1     Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14.     Variation

14.1      We may revise these Terms of Use from time to time.
14.2     The revised Terms of Use shall apply to the use of our website from the date of publication of the revised Terms of Use on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms of Use.

15.     Assignment

15.1      You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use.
15.2      You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms of Use.

16.     Severability

16.1       If a provision of a contract under these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2      If any unlawful and/or unenforceable provision of a contract under these Terms of Use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17.    Third party rights

17.1     A contract under these Terms of Use is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2     The exercise of the parties' rights under a contract under these Terms of Use is not subject to the consent of any third party.

8.       Entire agreement

18.1      Subject to Section 12.1, these Terms of Use, together with our privacy policy and earnings disclaimer, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19.     Law and jurisdiction

19.1      A contract under these Terms of Use shall be governed by and construed in accordance with appropriate governing law.
19.2     Any disputes relating to a contract under these Terms of Use shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of appropriate jurisdiction.

20.     Statutory and regulatory disclosures

20.1     www.hotellipticaltrainers.com is a registered domain.
20.2     The owner is subject to domain registration rules and the laws of Queensland, Australia.

21.      Our details

21.1       This website is owned and operated by Geoffrey Rex Trebilco.
21.2       The Owner holds a current ABN.
21.3       Our principal place of business is at PO Box 2166, Noosa Heads, Queensland 4567, Australia.
21.4       You can contact us by writing to the business address given above, by using our website contact form, by email to tripod@hotellipticaltrainers.com.