PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. ALL LICENSED INSTRUCTORS AND FITNESS CENTRES AND DISTRIBUTORS MUST ADHERE TO THE CONDITIONS IN THIS AGREEMENT.

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DEFINITIONS

Agreement means the terms and conditions stated herein between website users/Licensed PowerWave Instructors and PowerWave Sport Limited.

Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

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PowerWave means PowerWave Sport Limited

PowerWave Instructor means an instructor given express written authorisation by PowerWave Sport Limited to act as a PowerWave Instructor.

PowerWave Instructor Training Programme means an approved training programme created by PowerWave Sport Limited.

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TERMS OF WEBSITE USE

This terms of use (together with the documents referred to in it and the PowerWave acceptable use policy) tells you the terms of use on which you may make use of our website powerwave.tv (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

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OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

By using our site, you consent to processing of your data and you warrant that all data provided by you is accurate.

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INFORMATION ABOUT US

Powerwave.tv is a site operated by PowerWave Sport Ltd (“PowerWave” or “We”).  We are a limited company.

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CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

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CHANGES TO OUR SITE/APP

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

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ACCESSING OUR SITE/APP

We do not guarantee that our site/app, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

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You are responsible for making all arrangements necessary for you to have access to our site.

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You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

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Our videos and timers are strictly only to be used in conjunction with the PowerWave workouts.  It is prohibited to use any of our material with any other form of exercise.

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YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

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OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that PowerWave is and at all times will be the sole owner of (a) all Intellectual Property Rights, trademarks, trade names, trade dress, logos, other indicia of origin, designs, inventions, patents, original works of authorship and other copyright-protected materials, trade secrets, methods and processes, concepts, ideas, know-how, and other intellectual property or proprietary information PowerWave owns and/or uses on or in connection with its products, services, and/or business, including the PowerWave Instructor Training Programme and any Advertising Materials (as defined below) that may be provided to or accessible by you (collectively with Advertising Materials, “PowerWave Intellectual Property Rights”); and (b) all online training videos, audios, instructionals, products, advertisements, promotional or marketing materials, still and moving images and other recorded material (including digital and other forms of material), text, prints, packaging, and any other materials PowerWave owns and/or uses on or in connection with its products, services, and/or business including the PowerWave Instructor Training Programme (collectively with PowerWave Intellectual Property Rights, “PowerWave Materials”). You acknowledge and agree that PowerWave is and at all times has been and will be the sole and exclusive owner of all rights in and to the PowerWave Materials, including any goodwill arising from any use of the PowerWave Materials. You agree not to do anything inconsistent with PowerWave’s sole and exclusive ownership. Nothing in this Agreement shall be construed as a transfer or assignment of any rights to you. Any and all use by you of the PowerWave Materials shall inure to the sole benefit of PowerWave. You agree that you will not make any modification to any PowerWave Materials, or use, exploit, or exhibit any PowerWave Materials except as expressly authorised in this Agreement.

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POWERWAVE EDUCATION

The PowerWave Education qualification is operated by PowerWave Sport Limited and FItPro and can be purchased through one of our authorised dealers listed here. PowerWave Education is recognised by REP's and CIMSPA in the UK and ACE and NASM in the USA. 

Currently we offer three types of qualification:

PowerWave Level 1 - Group Exercise Instructor

PowerWave Level 2 - Strength & Conditioning Coach

PowerWave Junior Active - Children Group Fitness Coach

In order to attend any of the courses, candidates must have an understanding and be able to demonstrate general exercise patterns with correct form. Candidates must also be able to also demonstrate regressive and progressive movements to cater for clients with injuries or birth defects. 

When attending any of our course both online or in person at one of our live seminars, candidates will have 3 months from the date of attending to complete the requirements for their chosen course. Failing to do so will mean that the Candidate will need to attend the course again at their own cost. Please note we do not give refunds for our education programs if you fail to attend the course or fail to complete the requirements in the time given.  

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LIMITED LICENSE

Permitted Advertising for PowerWave Instructors. If you have successfully completed the PowerWave Instructor Training Programme, certified and purchased our License and are in good standing, have obtained all necessary insurances required and remain in compliance with the terms and conditions of this Agreement and any applicable laws, rules or regulations, PowerWave grants you a personal, non-transferable, revocable, limited, non-exclusive, and non-sub-licensable license to:

Name your class “PowerWave”.
Call yourself a “PowerWave Instructor”.
Use the text word “PowerWave©” on class schedules.

Your limited license in this Section is effective on the day PowerWave notifies you that you have passed the exam and you have purchased one of our licensed plans. Except as expressly permitted in this Section, you may not use any advertising materials, PowerWave Intellectual Property, or PowerWave Materials (including without limitation advertise or promote yourself as a PowerWave Instructor or your PowerWave classes or activities) in any other manner without the express written consent of PowerWave.

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PowerWave is a registered trade mark and therefore you cannot associate it to the town you are instructing in.  For example PowerWave(name of town).  This includes no form of advertising including social media.  Cannot have a fixed PowerWave sign on the building you are instructing in unless it is a registered PowerWave franchise hub.  Unethical advertising or price cutting with another qualified instructor or soliciting another instructors clients or slandering another instructor is not permitted.  Cannot produce or have any garments or products made for sale bearing the PowerWave brand name.  Cannot advertise running PowerWave classes every half hour all day, everyday or take monthly membership fees, as will conflict with the registered franchise model.  Failure to comply with this Section is subject to disciplinary action which may include the suspension of your license and, at PowerWave’s discretion, termination of this Agreement and your license rights.

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USE OF YOUR NAME IMAGE AND LIKENESS

You grant PowerWave (including its parents, affiliates, subsidiaries, representatives and assigns, officers, employees, advertising and promotional companies, distributors, or any person(s) or corporation(s) acting with PowerWave’s permission or authority) a perpetual, irrevocable, royalty-free license throughout the universe to use, publish, reproduce, distribute, videotape, photograph, record, create derivative works of, and/or otherwise use your name, image, biographical information, voice, statements and/or likeness in connection with the PowerWave Instructor Training Programme and/or any PowerWave promotion or advertisement, in any media now known or later devised, in such manner, for such purposes and with such frequency as PowerWave shall determine in its sole discretion without compensation or consideration to you, without attribution to you, and without further authorisation by you. You agree to execute any and all documents necessary for PowerWave to exploit your grant of rights under this paragraph. You agree to waive any artistic or moral rights in and to any materials created or used by PowerWave under this section. In addition, once you are a PowerWave Instructor, you will be identified on PowerWave’s list of PowerWave Instructors (“Instructor List”). PowerWave may post the Instructor List online for consumers to view. You expressly authorise PowerWave to publish your personal information through the Instructor List, including your name, geographic location, and Instructor status (e.g., whether or not you are in good standing).

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ADVERTISING

If you have successfully completed the PowerWave Instructor Training Programme testing, are in good standing, and remain in compliance with the terms and conditions of this Agreement and any applicable laws, rules or regulations, PowerWave grants you a personal, non-transferable, revocable, limited, nonexclusive, and non-sublicensable license to use certain advertising materials provided to you directly by PowerWave or via your login portal on the PowerWave  website, which may include PowerWave’s Intellectual Property Rights and Trademarks, business cards, email templates, class or gym passes, postcards, and posters (collectively known as “Advertising Materials”).Your limited license in this Section is effective on the day you become a PowerWave Instructor and ends when you are no longer a PowerWave Instructor or where your license is terminated, whichever comes first. You may not use any advertising materials, PowerWave Intellectual Property Rights, or PowerWave Materials (including without limitation advertise or promote yourself as a PowerWave Instructor or your PowerWave classes or activities) in any other manner without the express written consent of PowerWave.  Only PowerWave classes can be listed on the PowerWave App. Any non PowerWave classes listed will result in your account being deleted and your license removed.

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CONDUCT

You agree to comply with any and all instructions from PowerWave’s contracts and compliance team. In addition, all of your Instructor and advertising activities must comply with all applicable laws, rules, and regulations, including teaching, advertising and marketing activities and materials, electronic mail or other solicitation, communications to mobile devices and PowerWave branding guidelines.

As a PowerWave Instructor, you are a limited licensee of the PowerWave brands, Intellectual Property, and Materials, and Advertising Materials. You also are a representative of the PowerWave Instructor Training Programme. You agree to act in a legal, professional, non-detrimental, non-disruptive, and appropriate manner at all times. You must not act in any lewd, sexist, racist, discriminatory, off-colour, illegal, or other inappropriate or offensive manner, or in any manner that diminishes the value of the PowerWave’s Intellectual Property or associated goodwill, or Materials generally. PowerWave reserves the right in its sole discretion to determine what conduct is detrimental, disruptive, or inappropriate. You acknowledge and agree that your conduct may directly impact PowerWave, the Instructor Training Programme, PowerWave, Advertising Materials and other PowerWave Intellectual Property and associated goodwill, and/or any Materials, products, or services. You agree to comply with any direction from PowerWave regarding your conduct and that this Agreement may be terminated and any existing licenses withdrawn immediately by PowerWaveas a result of your conduct.

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TERM

This Agreement is effective upon your purchase of the Instructor Training Programme (except for the limited license, which is effective as stated above) and expires twelve (12) months from the date you successfully complete PowerWave Training and become a PowerWave Instructor (“Term”). At the end of the twelve (12) month period you will be required to renew your PowerWave Instructor license for a fee which is processed automatically via online payment in order to maintain your Instructor status. For the purposes of renewal or a first time license upon completion of training, if a license is terminated at any time before the twelve month period expires refunds will not be given. If a license is not renewed after the twelve (12) month period, your license will be automatically withdrawn or terminated. PowerWave may, at its sole discretion: (a) change the duration of the Term, (b) define or modify the continuing education requirement, (c) increase or decrease the renewal fee, and/or (d) modify whether participation in the Membership satisfies all or part of the continuing educational requirement or renewal fee. It is the responsibility of the instructor to cancel their own license subscription. Failing to do so will result in recurring payments that we will not refund. Please make sure that if you do not wish to renew your subscription that you cancel your license before the next renewal date. Cancelling your license will mean you will have to remove any advertising of the classes and/or use of branding on all forms of publications and media past and present. 

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RESTRICTIONS ON POWERWAVE INSTRUCTOR LICENSE ACTIVITIES

In addition to all other restrictions, terms, and conditions in this Agreement, you agree that, without the prior express written approval of PowerWave, you will not:

• Teach any PowerWave classes in a purpose rented or purchased place that solely runs PowerWave classes on a membership basis.

• Teach any PowerWave classes in a gym, community centre, hotel, church, school, or other facility without first providing such facility with a copy of PowerWave’s Advertising Guidelines. You must obtain all necessary licenses and approvals to teach PowerWave in public facilities or venues.

• Use a premises to run a monthly membership just for PowerWave classes, Instructor licence only covers you as an instructor

• Cannot purchase PowerWaves to sell on to third party. Only for self use for classes

• Teach any PowerWave classes that do not follow the overall principles, structure, and integrity of the PowerWave workouts.

• Create any workouts or teach or instruct any classes that include or consist of PowerWave workouts combined with any other workout, exercise or fitness routine, whether from a third party or otherwise. For example, you may not create or teach any hybrid classes such as, PowerWave/Zumba, or any other combination of products, workouts or exercises.

• Directly or indirectly engage in any activity that may be interpreted as you being an employee or agent of PowerWave.

• Teach any PowerWave classes to any person who has not executed a liability waiver that includes a waiver as to PowerWave.

• Teach any PowerWave classes without liability insurance that covers your activities and names PowerWave as an additional insured regarding those classes or that training.

• Teach any workouts using PowerWave material including timers for non PowerWave workouts

• Teach any PowerWave workouts using another brand/venture name.

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POWERWAVE GYM/FITNESS CENTRE LICENSE ACTIVITIES

Purchasing a PowerWave Gym License or Fitness Centre License you agree to the following:

• If you purchase annually or monthly these fees are non-refundable and it will be down to the accounts team/Gym manager to cancel the subscription. If subscription is not cancelled by following payment then we cannot guarantee a refund, this is your responsibility and the licensed centre.

• Cannot purchase PowerWaves to sell on to third party. Only for use in classes

• Must teach PowerWave classes that follow the overall principles, structure, and integrity of the PowerWave workouts.

• Must not create any workouts or teach or instruct any classes that include or consist of PowerWave workouts combined with any other workout, exercise or fitness routine, whether from a third party or otherwise. For example, you may not create or teach any hybrid classes such as, PowerWave/Zumba, or any other combination of products, workouts or exercises.

• Must not directly or indirectly engage in any activity that may be interpreted as you being an employee or agent of PowerWave.

• Must not teach any PowerWave classes to any person who has not executed a liability waiver that includes a ParQ questionnaire.

• Must not teach any PowerWave classes without liability insurance that covers your activities and names PowerWave as an additional insured regarding those classes or that training.

• Must not teach any workouts using PowerWave material including timers for non PowerWave workouts

• Must not teach any PowerWave workouts using another brand/venture name

• XPS follows the privacy data laid out on the PowerWave app. Please adhere to this. Cancelling XPS membership will reduce your members to guests on the PowerWave app and they will not have access to the workouts. Please make them aware of this. 

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NEGATIVE CONTENT

You must not make negative comments and remarks in any forum (oral, online, written, or while providing instruction or training) about the PowerWave brand or programme, PowerWave Instructor Training or the Instructor Training Programme, Jason Laville, PowerWave, PowerWave’s personnel (e.g., directors, owners, employees, consultants, partners), PowerWave Trainers or other products or services. If PowerWave determines you have made remarks, actions or comments as stated in this clause against it or PowerWave personnel your license shall be revoked, withdrawn or terminated at PowerWave’s sole discretion.

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INSURANCE

You must obtain and maintain all the necessary and relevant levels of insurance before you commence any activity as an approved PowerWave Instructor.

PowerWave requires that you obtain valid professional liability insurance to cover your instructor and promotional activities and that you include “PowerWave and its affiliates and subsidiaries” as an additional insured. PowerWave does not and cannot offer or provide you with the relevant insurance. Since you are an independent contractor, you expressly acknowledge and agree that you are not insured under any of PowerWaves’s insurance policies and waive any and all right to claim coverage of any kind.

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ACKNOWLEDGEMENT

Acknowledgement. You understand, acknowledge, and agree that:

PowerWave reserves the right to suspend, revoke or terminate your Instructor status and/or any other rights or licenses you receive under this Agreement;

You are not receiving a “professional” license or certification of any kind by completing PowerWave Instructor Training or becoming a PowerWave Instructor, and that these items are not recognised or endorsed by any National Accredited Certifying Training Organisation;

You have no right to and may not “certify” others in the PowerWave Instructor Training Programme or teach or instruct any person or entity to become a PowerWave Instructor, unless you are a PowerWave-approved Elite Instructor;

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NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

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LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or

• use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss of business opportunity, goodwill or reputation; or

• any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

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UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. The views expressed by other users on our site do not represent our views or values. You are solely responsible for securing and backing up your content.

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VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

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LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact us.

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THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

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INDEMNITY.

You agree to indemnify and hold harmless PowerWave, its parents, affiliates, subsidiaries, representatives and assigns, employees, officers, owners, attorneys or any person(s) or companies acting with its permission or authority, from any third party claim, action, demand, loss, or damages (including Legal fees) arising from or relating to your purchase of or participation in the PowerWave Instructor Training Programme, any instruction, classes, activities, promotional activities, or other services provided by you in connection with PowerWave or the PowerWave Instructor Training Programme, any violation by you of this Agreement, your  PowerWave Instructor and Promotional materials or activities, or your violation of any rights of a third party.

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LIMIT OF LIABILITY

To the extent permitted by law, all liability whether in contract, warranty, tort (including negligence) or otherwise shall be limited to 2 (two) times the purchase price paid by you for enrolment on to the PowerWave Instructor Training Programme.

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ASSIGNMENT

PowerWave may assign, transfer, sublicense, or subcontract any of our rights or obligations under this Agreement at our sole discretion. You may not assign, transfer, license, sublicense, or subcontract any of your rights or obligations under this Agreement.

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NOTICES

Any notice or other communication required to be given under this agreement, shall be in writing and shall be delivered personally, or sent by pre-paid first class post or recorded delivery or by commercial courier as specified by the relevant party by notice in writing to the other party. A notice or other communication required to be given under this agreement shall not be validly given if sent by e-mail.

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WAIVER

You agree to indemnify and hold harmless PowerWave, its parents, affiliates, subsidiaries, representatives and assigns, employees, officers, owners, attorneys or any person(s) or companies acting with its permission or authority, from any third party claim, action, demand, loss, or damages (including attorneys’ fees) arising from or relating to your purchase of or participation in the PowerWave Instructor Training Programme, any instruction, classes, activities, promotional activities, or other services provided by you in connection with PowerWave or the PowerWave Instructor Training Programme, any violation by you of this Agreement, your PowerWave Instructor and Promotional materials or activities, or your violation of any rights of a third party.

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DISTRIBUTION AND PRODUCT LISTING 

PowerWave grants authorised distributors the rights to re-sell PowerWave training bags both in-store and online. Providing that the online stores that PowerWave bags are sold on are not third party based. Sites like eBay to list the PowerWave bags on for sale are not permitted. It is the authorised distributors responsibility to make sure that their resellers adhere to this also. When selling a PowerWave bag it is important that it is listed for example in the following manner:

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"PowerWave Classic Super 7kg" 

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The listing is detailed as such: PowerWave (model type: Classic/Terrain/Junior) then (size: Zeus/Beast/Spartan/Super/Apollo) followed by the weight (30kg/20kg/12kg/7kg/4kg)

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PowerWave is a registered trademark. In light of this, resellers are not permitted to list PowerWave products with another brand or with the resellers name attached to the PowerWave title. PowerWave products must be listed as demonstrated in this section above. Failing to comply with PowerWave listing requirements may result in a lawsuit against the resellers/distributors involved. 

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APPLICABLE LAW

Please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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Terms Of Use

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Introduction

These terms of use govern your use of our website; by using our website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

PowerWave Sport Ltd is referred to herein as “PowerWave”, “PowerWave.tv” “this website” “this site” “our website” “us” or “we”. These Terms govern and apply to your (“you” or “your”) access to and use of this site.

If you register with our website we will ask you to expressly agree to these terms of use.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.

Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website;

Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not 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.

You must not 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.

Messaging

In these terms of use, “Messaging” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to us for publication on our website whether as private message to another user, status update or otherwise.

You warrant and represent that your reviews will comply with these terms of use.

Your messaging must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law and in any jurisdiction).

Your messaging 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;
(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[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, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.

Your reviews must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use any messaging to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any messaging to the website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any messaging submitted to our website, or stored on our servers, or hosted or published upon our website.

Limited warranties

Whilst we endeavour to ensure that the information on this website is correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. PowerWave does not make any warranty as to the results that may be obtained from use of the site or any services offered through the site or its content. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of PowerWave. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations and exclusions of liability

Nothing in these terms of use will:

(a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
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.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any 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 on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of these terms of use

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 the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise; and/or
(g) suspend and/or delete your account with the website.

Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability

If a provision of 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. If any unlawful and/or unenforceable provision 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.

Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Registrations and authorisations

Our registration number is 08671087.

Our details

The full name of our company is PowerWave Sport Ltd
We are registered under registration number: 8857553
You can contact us by email to: info@powerwave.tv

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Privacy Policy

Introduction

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

Our website uses cookies. By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

What information do we collect?

We may collect, store and use the following kinds of personal information:

(a) information about your computer and about your visits to and use of this website, including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation;
(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;
(c) information that you provide to us for the purpose of registering with us;
(d) information that your provide us when you set up your profile on this website;
(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;
(e) any other information that you choose to send to us;

Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with the terms of this privacy policy.

Cookies

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We use both “session” cookies and “persistent” cookies on the website. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

We will use the session cookies to: keep track of you whilst you navigate the website; keep track of items in your shopping basket; prevent fraud and increase website security. We will use the persistent cookies to: enable our website to recognise you when you visit; keep track of your preferences in relation to your use of our website.

We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.

Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer (version 9) you can refuse all cookies by clicking “Tools”, “Internet options”, “Privacy”, and selecting “Block All Cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites, including this one.

Using your personal information

Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.
We may use your personal information to:

(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) send you goods purchased via the website, and supply to you services purchased via the website;
(e) send statements and invoices to you, and collect payments from you;
(f) send you general (non-marketing) commercial communications;
(g) send you email notifications which you have specifically requested;
(h) send you our newsletter and other marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (and you can inform us at any time if you no longer require marketing communications);
(i) deal with enquiries and complaints made by or about you relating to the website;
(j) keep the website secure and prevent fraud;
(k) verify compliance with the terms and conditions governing the use of the website;

Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.
We will not, without your express consent, provide your personal information to any third parties for the purpose of direct marketing.

All our website financial transactions are handled through our payment services provider. We will share information with them only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

Transparency and choice

People have different privacy concerns. Or goal is to be clear about what information we collect, so you can me meaning choices about how it is used.

Review and control – certain types of information tied to your PowerWave account
View and edit – your preferences about the PowerWave announcements shown to you on the PowerWave App, such as new updates and workouts. You can opt out by updating your settings on the App.
Adjust – how the Profile associated with your PowerWave account appears to others
Control – who you share information with through your PowerWave account.
Choose – whether your Profile name and Profile photo appear on the App.

Information you share

Our profiles allow you to share information with others on the App. Our App provides you with different options on sharing and removing your content. Please note if you remove the email address, PowerWave App can no longer be accessible including use of the workouts and nutrition information.

Accessing and updating your personal information

Whenever you use our PowerWave App, we aim to provide you with access to your personal information. If that information is incorrect, we strive to give you ways to update it quickly or to delete it – unless we have to keep that informationfor legitimate business or legal purposes.

We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.

Disclosures

We may disclose your personal information to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.

We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this privacy policy.
In addition, we may disclose your personal information:

(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this privacy policy, we will not provide your information to third parties.

International data transfers
Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.
In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
You expressly agree to such transfers of personal information.

Security of your personal information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password and firewall-protected) servers.
All electronic transactions entered into via the website will be protected by encryption technology.
You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and other login details confidential. We will not ask you for your password (except when you log in to the website).
We do not store credit card details nor do we share customer details with any 3rd parties.

Policy amendments

We may update this privacy policy from time to time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:
(a) the payment of a fee (currently fixed at GBP 10); and
(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes, by sending an email to us. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.

Contact
If you have any questions about this privacy policy or our treatment of your personal information, please write to us by email info@powerwave.tv

 

Warranty

What Does This Limited Warranty Cover?

This limited warranty covers defects in manufacture and materials in your new and genuine PowerWave™ exercise device purchased through PowerWave.tv or an authorized re-seller. This limited warranty applies to products intended solely for personal, family, or household purposes.

Who Does the Limited Warranty Cover & How Long Does The Coverage Last?

This limited warranty covers the original purchaser only and lasts for 12 months (“Warranty Period”), beginning from the purchase date.

What Will PowerWave Do?

At its discretion, PowerWave will repair or replace any defective PowerWaves™ devices covered by this limited warranty, or refund the purchase price to the original purchaser.

What Does This Limited Warranty Not Cover?

The terms of this limited warranty provide the exclusive and sole remedy available to you. This limited warranty is limited as follows:

(a) This limited warranty only applies to authentic PowerWave™ exercise devises purchased from authorised resellers. Not purchased from third party sites like eBay or gumtree for example.
(b) Consequential and incidental damages are not recoverable under this limited warranty.
(c) This limited warranty does not cover any problems which result from accident, neglect, modification, abuse or misuse of the product , (including, for example, throwing the PowerWave device on rough surfaces, exposure to variations in ambient environmental conditions (including, for example, changes in heat, humidity, or moisture, including water saturation), impact damage, normal wear and tear, indentations, scratches or surface damage (including abrasions caused by failure to use, protect or maintain the product properly), product deterioration or variations in color or marking that are ordinarily expected based on ordinary use or develop over time because of natural processes such as exposure to sunlight, and damage caused to products during shipping. This limited warranty also does not cover damages to the bag caused by incorrect handling, for example the thick horns must be held at the widest point during your exercise, not at the thinnest point where the stitches are located as this will weaken the stitching and will not be covered under this limited warranty.

How Do You Get Service?

To receive a copy of this limited warranty, or to request any warranty service, please email your receipt via confirmation at info@powerwave.tv within 30 days of purchasing it.

Customers are responsible for the cost of delivery items to PowerWave. After the product is received, a PowerWave product expert will inspect it and contact you within 5 business days to give you the results of the inspection. If your product is not covered under this limited warranty, it will be sent back to you at your cost. PowerWave will pay the return shipping costs for all products that are covered under this limited warranty.

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