TERMS & CONDITIONS 

OVERVIEW 
This website is operated by Ecofitness by Korina Duffy. Throughout the site, the terms “we”, “us” and “our” refer to Ecofitness by Korina Duffy. Ecofitness by Korina Duffy offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 
 
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 
 
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 
 
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 
 
Our store is hosted on Learn World. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 
Please read section 26 before purchasing any fitness related programs. 
1. PAYMENTS: 
All transactions conducted through Ecofitness are handled by a dedicated third party (Stripe) to ensure your information is secure. Card information is not stored for single sign ups unless you have subscribed to our monthly and yearly sign up's. We take our security seriously. It is reviewed regularly. 
 
All card information is handled by Stripe. Please read the terms & conditions for Stripe, as they are responsible for the transactions made. 
 
Ecofitness will never charge your card outside of the agreed sign-up payment. 
2. RETURNS POLICY: 
Program purchases made on www.ecofitness.ie are non-refundable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us at support@korinaduffy.com to discuss a resolution. 
 
By placing an order with Ecofitness, you warrant that you are at least 18 years old (or have parents’ permission to buy from us), and accept these terms & conditions, which shall apply to all course orders placed. None of these terms & conditions affect your statutory rights. 
3. REGISTRATION, PASSWORDS AND SECURITY: 
3.1 Please note that in order to register an account you must be aged 18 years or over, and be fully able and competent to enter into these Terms, and abide by and comply with these Terms. 
 
3.2 In order to use the Service via the Website you are required to register a personal account via the Website. 
 
3.3 To register your account you will be required to provide your email address and a password and to enter other information that we may ask for on our registration form such as (but not limited to) your first and last name and billing information (Registration). You should ensure that the password you choose is unique to your use of the Service and not the same password that you use for other services. Your personal information will be processed in accordance with our Privacy Policy. 
 
3.4 We reserve the right to refuse to allow any user to register for the Service for any reason. 
 
3.5 When we receive your Registration details and we accept your application to use the Service, we will send you an email confirming your Registration details and the details of your subscription. Your use of the Service will be deemed to have started when we send this confirmatory email. You agree that once we have sent you this confirmatory email you will not be able to cancel your subscription to the Service other than in accordance with Section 11 below. 
 
3.6 You shall ensure that the details you provide at Registration are accurate and kept up to date. You can change the details you provide at Registration at any time via the Website however you will not be able to change the details of any Promotional Code and such Promotional Code may only be used once. If you would like us to cancel your Registration with our Service (which you may do so at any time) please see Section 10 below. 
 
3.7 You are responsible for maintaining the confidentiality of your password and username and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website or the Service and we will not be responsible for losses suffered by you where your password or username is used by someone else to access the Website and/or the Service unless this is due to our negligence. You agree to notify us immediately by email to support@korinaduffy.com if you become aware of or suspect any unauthorised use of your password or username. 
 
3.8 You can access your account at any time on the Website. You can update your account including your personal details via the Website. 
4. TECHNICAL REQUIREMENTS: 
To be able to use the Service you will require an internet connection speed of at least 1Mb with a recommended speed of at least 3Mb. 
 
4.2. It is your responsibility to ensure that you can comply with any technical requirements that must be met for you to be able successfully to access the Website and/or to use the Service. We accept no responsibility for any lack of functionality of the Website and/or for any failure to provide the Service that is due to your equipment (including, but not limited to, your computer, internet connection, operating system or settings and software). 
 
4.3. We may, in our sole discretion, from time to time amend the technical requirements required to receive the Service. It is your responsibility to ensure that your Device (as defined above) fulfils any minimum technical requirements set out on the Website or in these Terms. 
 
4.4. Please note that we may make upgrades to the Website from time to time. These upgrades may be needed to access Content or to take advantage of any new features of the Service which we may make available. 
 
4.5. You acknowledge that the availability of the Website and/or the Service may be affected by internet traffic congestion or by other network, ISP, electronic or other communication problems or failures and that we are not responsible for the unavailability of any Content due to any such congestion, problem, or failure. 
 
4.6. It is your responsibility to pay for all costs and expenses (including, but not limited to, all telephone call or line charges, mobile, data, subscription, or other charges or internet service provider access or subscription charges) that you may incur connecting to the internet in order to use the Website and/or the Service. 
 
5:YOUR PROMISES TO US 
 
5.1 You confirm that: 
(a) you are aged 18 years or over at the time you register for the Service, and are fully able and competent to enter into these Terms, and abide by and comply with these Terms; 
(b) all information and details provided by you to us (including on Registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by amending your account details on the Website. 
(c) you will comply with the restrictions on your use of the Website and the Service as set out in these Terms. 
 
5.2 You agree to compensate us against the reasonable costs we incur in defending claims or legal proceedings brought against us by any other person as a result of your breach of these Terms (and that may include money we pay to them to settle claims). 
 
5.3 If we take legal action against you for any breach of these Terms and a court makes an award in our favour, you will be responsible for all costs allowable by the courts. 
 
You have read and understand our fitness declaimer before purchasing any fitness programs. 
6. YOUR CONDUCT: 
6.1. You agree that you will not: 
(a) use the Website and/or the Service in any way that may lead to the encouragement, procurement or carrying out of any criminal activity or for any other unlawful purpose; 
(b) use the Website and/or the Service in any way that interrupts, damages, impairs or renders the Website or the Service less effective; 
(c) use the Website and/or the Service for any purpose other than your personal use; 
(d) use the Website and/or Service to transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or which 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: 
(e) use the Website and/or the Service to advertise or promote third party or your own products or services, including (but not limited to) by way of the distribution of 'spam' email; 
(f) transfer files that contain viruses, trojans or other harmful or malicious programs and/or software; 
(g) share access with others, access or attempt to access the accounts of other users or to penetrate or tamper with or attempt to penetrate or tamper with the Website and/or Service security measures including digital rights management (DRM) technology protecting the Content or the Service; 
(h) reverse engineer, decompile (apart from where necessary for the purposes of interoperability), modify, copy or make backups of any of the software used in the provision of the Website and/or the Service, or attempt to do any of the foregoing; or 
(i) other than with our express permission, copy, scrape, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, perform, communicate to the public or distribute in any way, all or any portion of: (i) the Service or (ii) Content on or made available via the Website, in each case other than for your own personal use or otherwise than in accordance with these Terms. 
 
6.2. We reserve the right to suspend, restrict or cancel your access to the Website and/or the Service at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions contained in these Terms. This suspension or cancellation (as applicable) shall be in accordance with Section 12.1 below. This shall not limit our right to take any other actions against you that we consider appropriate to defend our rights or those of any other person. 
7. RIGHTS GRANTED AND RIGHTS RESERVED: 
7.1. These Terms apply to all users of and visitors to the Website and the Service. We reserve the right to discontinue any aspect of the Website and/or the Service at any time. If we discontinue the Service as a whole, the provisions of Section 12.2 shall apply. 
 
7.2. The content on the Website, including without limitation, the Content and any text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks, logos, branding or any other intellectual property rights contained therein are owned by or licensed to us. 
 
7.3. Save for your rights under Section 3.1 of these Terms, your use of the Website and/or the Service and their contents does not constitute any grant, assignment, or transfer of rights to you in relation to our intellectual property rights including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties on the Website and/or the Service and their contents. 
 
7.4. Any use other than that permitted under this Section 7 may only be undertaken with our prior express authorisation. 
8. LINKS TO AND FROM OTHER WEBSITES: 
8.1. We permit you to link to materials on the Website for personal, non-commercial purposes only and provided that you immediately stop providing such links if notified by us. 
 
8.2. We may provide links to other websites from time to time (via advertising or otherwise). You acknowledge that these links are provided for your ease of reference and convenience only. We do not control such third-party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. 
You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via such websites, and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party. 
 
8.3. 
GDPR Statement for Joining Our Community WhatsApp Group 
Effective Date: April 2023 
 
At Ecofitness , we prioritize the privacy and protection of your personal information. This GDPR statement outlines our commitment to complying with the General Data Protection Regulation (GDPR) when collecting and processing personal data from individuals joining our community WhatsApp group. 
 
1. Data Controller Ecofitness acts as the data controller for the personal data collected and processed when individuals join our community WhatsApp group. 
 
2. Personal Data Collected When joining our community WhatsApp group, we collect and process the following personal data: 
Names or usernames provided by individuals joining the group. 
Phone numbers associated with WhatsApp accounts. 
 
1. Purpose and Legal Basis for Processing Personal Data We collect and process personal data for the following purposes: 
Managing and administering our community WhatsApp group. 
Facilitating communication, information sharing, and engagement among group members. 
Providing updates, announcements, and relevant information about our organization and community activities. 
 
The legal basis for processing personal data is your consent, which is obtained when you voluntarily join our community WhatsApp group. 
 
1. Data Sharing and Disclosure We do share personal data collected from the community WhatsApp group with other group members. By joining the group, you acknowledge and understand that your information will be shared with other group members. 
 
Please note that Ecofitness is not liable for any misconduct, disagreement, or issues that may arise between group members. It is the responsibility of each member to engage respectfully and in accordance with the group's guidelines and terms of use. 
 
1. Data Retention We will retain personal data collected from the community WhatsApp group for as long as necessary to fulfill the purposes outlined in this GDPR statement, or as required by applicable laws and regulations. 
 
2. Data Subject Rights As a data subject, you have certain rights regarding your personal data, including the right to access, rectify, erase, restrict processing, object to processing, and data portability. To exercise these rights, please contact us using the contact information provided below. 
 
3. Security Measures We have implemented appropriate technical and organizational security measures to safeguard personal data collected from the community WhatsApp group against unauthorized access, loss, or alteration. However, please be aware that no method of transmission or storage is completely secure, and we cannot guarantee absolute data security. 
 
4. Changes to this GDPR Statement We may update this GDPR statement from time to time to reflect changes in our practices or legal requirements. The most current version will be available on our website, and we encourage you to review it periodically. 
 
5. Contact Information If you have any questions, concerns, or requests regarding this GDPR statement or the processing of your personal data, please contact us using the following details: 
 
Ecofitness, 184a Whitehall Road, Terenure, Dublin 12 087 2764867 
 
By joining our community WhatsApp group, you acknowledge that you have read, understood, and agreed to the terms of this GDPR statement, including the acknowledgement that Ecofitness is not liable for any misconduct or disagreements between group members. 
 
Last updated: July 2023 
9. PROMOTIONS: 
9.1. We may offer free promotional periods for the Service from time to time, enabling new subscribers to subscribe to the Service without paying a subscription fee during the free promotional period (Free Period). 
Any Free Period which we may offer you shall be subject to these Terms. Any such offer of a Free Period shall be entirely at our discretion. Please note that unless otherwise stated, Free Period offers are only available to new subscribers and cannot be used in conjunction with any other promotion or offer (including any Promotional Code). 
If you have previously received a Free Period or other promotion, you may not be entitled to receive a further free promotional offer. Please contact us if you are not sure if you are entitled to a promotional offer or not. You may cancel your subscription during your Free Period in accordance with Section 11.2 of these Terms. 
If you do not notify us of your intention to cancel before the end of the Free Period, you will be charged a subscription fee for the following month, and each subsequent month you remain a subscriber, in accordance with Section 10. 
 
9.2. We may from time-to-time issue (directly or through a third party) Own Your Goals Davina ‘Promotional Codes’ (each a Promotional Code) meaning a promotional code, unique activation link or voucher number for use on the Service. 
 
9.3. When redeeming a Promotional Code, you need to make sure that you enter it accurately when prompted by the Service during registration. 
 
9.4. Any other promotion or offer we provide (whether directly or through a third party) in relation to the Service may not be used in conjunction with any other current or past promotion or offer provided by us in relation to the Service. 
 
9.5. Any use of a Promotional Code will be subject to these Terms and the terms of the voucher/communication containing the Promotional Code. In the event of a conflict between these Terms and the terms of the voucher/communication containing the Promotional Code, Free Period, or other offer (Offer Terms), the Offer Terms will apply. 
10. CHARGES AND PAYMENT: 
10.1. The charges payable for the Service are as set out on the Website at the time you subscribe for the Service and may be varied by us from time to time on reasonable notice to you. 
 
10.2. If you choose our monthly subscription payment model, the charges for the Service will be payable by you to us monthly in advance, except in respect of any free periods you are entitled to receive having redeemed a valid Promotional Code or Free Period offer. Your first payment shall be debited on the date of your Registration from your bank account or charged to your payment card using the account details you supplied. Each subsequent monthly charge shall be debited from your account on the same billing date as the initial month of Registration until such time as you cancel your subscription to the Service in accordance with Section 12 below or we cancel your subscription in accordance with Section 12 below. 
 
10.3 If you choose our ‘one-off’ payment plan (for a set time program or a subscription time of either 3 (three), 6 (six) or 12 (twelve) months respectively, the availability of such time periods being subject to change), your bank account or payment card will be debited on the date of your Registration for the amount payable for the relevant subscription time. 
 
10.4. The charges for the Service include VAT or other sales taxes, if applicable. If your payment card processor or company imposes handling charges (as provided for in their terms of use) we may add such charges to the total charge you pay for the Service. By providing us with your payment card details you are specifying the country of issue as your country of residence for tax purposes. 
 
10.5. We will make every effort to ensure that our charges for the Service appear correctly on the Website, however we will not be obliged to honour prices that are the result of obvious errors or mistakes. 
11. CANCELLATION BY YOU: 
Monthly and Yearly Refunds - When you cancel, you will continue having access to your subscription through the end of the billing period you have already paid for. Your subscription cancels and no further payments will be taken. Please note that no refunds are offered after purchase. 
 
11.1. You may cancel your subscription to the Service at any time by logging into “My Account” and cancelling your subscription following the off-boarding process. If your subscription to the Service includes a subscription to an add-on or upgrade or additional element to the base subscription to the Service, this may be cancelled separately, in accordance with the procedures in this Section 11, allowing the base subscription to the Service to continue unaffected. 
 
11.2 If you have subscribed to the Service using a Promotional Code or as part of a Free Period offered by us as described in Section 9 of these Terms, the following cancellation provisions apply: 
11.2.1 if you cancel your subscription during the first 30 days, your subscription will continue until the end of the first 30 days of your Free Period and will then terminate; 
11.2.2 if your Free Period is longer than 30 days and you cancel before your Free Period expires, your subscription will continue until the end of the Free Period; and 
11.2.3 if you cancel after your Free Period has expired, your subscription will terminate in accordance with Section 11.3. 
 
There will be no refunds available or any reimbursement for any unused time period remaining from use of a Promotional Code or from your Free Period following cancellation by you of your subscription, except in accordance with your statutory rights. 
 
11.3. Unless Section 11.2 applies, if you cancel your subscription to the Service, you will continue to receive the Service until the end of your current subscription month and, if you are subscribed under the monthly subscription payment model, you will not be charged the subscription fee for the following subscription month (or any subsequent month until you re-subscribe). For example, if your subscription starts on the 10th of January, and you cancel it on the 15th of March, you will continue to receive the Service up to and including the 9th of April, and no subscription fee will be payable on the 10th of April. 
 
Regarding 1-1 sessions: please give 24hrs notice of cancellation. Where late cancellation or no-show arises, you will be charged for the session. 
12. SUSPENSION OR CANCELLATION BY US: 
12.1. If you breach any of the Terms, we may immediately suspend your account and your access to the Service. If we reasonably believe that you have flagrantly or persistently breached any of these Terms, we may cancel your subscription. If we cancel your use of the Service under this Section 12.1 such cancellation shall be immediate and without notice or refund. 
 
12.2. In addition, we reserve the right to cancel our provision of the Service to you if we no longer provide the Service. 
13. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY: 
13.2. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, which means that they could be contemplated by you and us. 
 
13.3. We make no guarantee that the Website or the Service will be provided uninterrupted. 
 
13.4. We do not accept any liability for any losses, damage, costs or other liabilities incurred by you or for any loss of data from your computer system that results from: 
(a) your negligence; 
(b) your breach of these Terms; or 
(c) anything which is beyond our reasonable control which prevents us from fulfilling our obligations under these Terms and includes, but is not limited to, fire, flood, storm, riot, industrial action, civil disturbance, war, nuclear accident, terrorist activity and acts of God. 
 
13.5. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on the Website itself will be free from errors or omissions. 
 
13.6. Access to the Website and/or the Service may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons reasonably beyond our control (as described in paragraph 13.4.(c)). 
 
13.7. You have certain statutory rights. Nothing in these Terms is intended to affect your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau, Trading Standards Office, or Consumer Protection Office. 
 
13.8. Our total liability to you for any loss or damage arising out of or in connection with these Terms shall be limited to the total amount paid from you to us in the calendar month preceding the relevant incident. 
14. PRIVACY: 
14.1. For more information on how we process your personal data and who we share it with, please read our Privacy Policy. 
 
14.2. We will comply with any applicable law or binding court order requiring or directing us to disclose the identity of and/or to locate anyone for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Website and/or the Service. 
15. CHANGES TO THESE TERMS: 
We may change these Terms at any time either by giving you notice or by publishing the modified Terms on the Website. It is your responsibility, however, to review these Terms as amended by us from time to time. If any amendment to these Terms is unacceptable to you, your only recourse is to cease using the Service and visiting the Website. Your use of the Service and/or subsequent visitation of the Website following any amendment of these Terms will signify your agreement to and acceptance of its revised terms. 
16. SEVERANCE: 
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply. 
17. TRANSFER: 
17.1. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else. 
 
17.2. We may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that the Website and/or the Service will be made available to you on the same terms or terms that are no less advantageous to you. 
18. THIRD PARTY RIGHTS: 
These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer our right or obligations or sub-contract our obligations under these Terms to another legal entity under Section 17.2. 
19. DISPUTES: 
1. We will do our best to resolve any disputes in relation to these Terms. By using the Website and the Service you agree that the laws of the Republic of Ireland shall apply in relation to any disputes between us. 
20. OPTIONAL TOOLS: 
We may provide you with access to third-party tools such as My Fitnesspal over which we neither monitor nor have any control nor input. 
 
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 
 
21:USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 
 
You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 
22. PERSONAL INFORMATION: 
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 
23. ERRORS, INACCURACIES AND OMISSIONS: 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 
24. PROHIBITED USES: 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 
 
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 
25. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: 
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. 
 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
 
In no case shall Ecofitness by Korina Duffy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 
 
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 
26. ECOFITNESS DISCLAIMER: 
You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising you should stop immediately. 
 
This site offers health, fitness and nutritional advice information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. 
 
Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the material. 
 
If you are in the Republic of Ireland and think you are having a medical or health emergency, call your health care professional, or 999, immediately. 
 
Certain health or medical material on this site may be explicit. Please do not use this site if you would find these materials offensive. 
27. INDEMNIFICATION: 
You agree to indemnify, defend and hold harmless Korina Duffy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 
28. SEVERABILITY: 
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 
29. TERMINATION: 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 
30. ENTIRE AGREEMENT: 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 
31. GOVERNING LAW: 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Republic of Ireland. 
32. CHANGES TO TERMS OF SERVICE: 
You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 
33. CONTACT INFORMATION: 
Questions about the Terms of Service should be sent to us at support@ecofitness.ie 
 
Korina Duffy Ecofitness Limited 
184 Whitehall Road, Terenure, Dublin 12 
 
Vat Number: 39y278j17BH 
LAST UPDATED APRIL 2023