TERMS AND CONDITIONS FOR les mills coach
Updated on 24 April 2020
lntroduction
A. Les Mills Media Limited (Les Mills, us) is the company providing the LES MILLS Coach Service (as defined below).
B. You acknowledge and agree that all services provided by us to you under the LES MILLS Coach Service are governed by the LES MILLS On Demand Terms of Use, as well as these terms and conditions. For the purposes of these terms and conditions the LES MILLS Coach Service shall be deemed to be part of the LMOD Service, as defined under the LES MILLS On Demand Terms of Use.
C. Under these terms and conditions, LES MILLS Coach Service (Service) means the online coaching service (including our website lesmillscoaching.com, the services provided by our coaches and all content associated with those services) with the specifications for each personal coaching program as set out in clause 1.3 below.
1. LES MILLS Coach Service Specifications
1.1. Your coach will contact you within 48 hours of you buying your personal coaching program.
1.2. If your preferred coach is not available we will contact you and look to set you up with your next coach choice. The availability of any particular coach is not guaranteed at any time.
1.3. For the respective personal coaching program that you select, Your coach will provide you with the following during the applicable personal coaching program period:
Kick Start program |
4-week program |
8-week program |
12-week program |
Personalized workout plan based on an online fitness and goal setting assessment. This will be done by your coach with you on a 30 minute video conference call at the start of your LES MILLS Coach program. |
Personalized workout plan based on an online fitness and goal setting assessment. This will be done by your coach with you on a 30 minute video conference call at the start of your LES MILLS Coach program. |
Personalized workout plan based on an online fitness and goal setting assessment. This will be done by your coach with you on a 30 minute video conference call at the start of your LES MILLS Coach program. |
Personalized workout plan based on an online fitness and goal setting assessment. This will be done by your coach with you on a 30 minute video conference call at the start of your LES MILLS Coach program. |
Participation in LES MILLS Coach member group on Facebook |
Participation in LES MILLS Coach member group on Facebook |
Participation in LES MILLS Coach member group on Facebook |
Participation in LES MILLS Coach member group on Facebook |
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Check-ins with your coach each week during your 4-week coaching program period, provided via video calls with a duration of 15 minutes. |
Check-ins with your coach each week during your 8-week coaching program period, provided via video calls with a duration of 15 minutes. |
Check-ins with your coach each week during your 12-week coaching program period, provided via video calls with a duration of 15 minutes. |
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Personalized support and encouragement in the form of 3 emails per week during your 4-week coaching program period. |
Personalized support and encouragement in the form of 3 emails per week during your 8-week coaching program period. |
Personalized support and encouragement in the form of 3 emails per week during your 12-week coaching program period. |
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Updated workout plan half-way through your personal coaching program period, provided via email (i.e., after the first 4 weeks of the LES MILLS Coach Service) |
Updated workout plan every 4 weeks during your personal coaching program period, provided via email (i.e., after the first 4 weeks of the LES MILLS Coach Service) |
1.4. On purchasing your personal coaching program you will be sent a link to join the online personal coaching member only Facebook group.
1.5. You must have access to a video conferencing platform to have your initial call with your coach.
1.6. Once you have bought your LES MILLS Coach Service you do not have a right to a refund.
2. Supply of Service
2.1 Les Mills shall supply the LES MILLS Coach Service to you in accordance with the service specifications set out in clause 1 in all material respects.
2.2 Les Mills shall use all reasonable endeavours to meet any performance dates for the LES MILLS Coach Service, but any such dates shall be estimates only and time shall not be of the essence for the performance of the LES MILLS Coach Service.
2.3 Les Mills reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the LES MILLS Coach Service, and Les Mills shall notify you in any such event.
2.4 Les Mills warrants to you that the LES MILLS Coach Service will be provided using reasonable care and skill.
2.5 You must have a LES MILLS On Demand subscription to use the LES MILLS Coach Service.
3.1 You shall:
3.1.1 ensure that you comply with all instructions and guidance provided by Les Mills during the LES MILLS Coach Service, and in particular comply with all obligations set out in clause 3 of these terms and conditions;
3.1.2 co-operate with Les Mills in all matters relating to the LES MILLS Coach Service;
3.1.3 provide Les Mills with such information and materials as Les Mills may reasonably require in order to supply the LES MILLS Coach Service, and ensure that such information is complete and accurate in all material respects;
3.1.4 comply with all applicable laws, including health and safety laws;
3.1.5 keep all materials, equipment, documents, video, audio or written advice and other property of Les Mills (Les Mills Materials) at your premises in safe custody at your own risk, maintain Les Mills Materials in good condition until returned to Les Mills, and not dispose of or use Les Mills materials other than in accordance with Les Mills’ written instructions or authorisation:
3.1.6 use the LES MILLS Coach Service for your own personal and non-commercial use, and not for any commercial or business purpose;
3.1.7 do not disclose or provide any Les Mills materials to any other person or entity, and ensure that you comply with your obligations in relation to confidentiality and intellectual property set out in the LES MILLS On Demand Terms of Use;
3.1.8 ensure all information you give us is correct, and notify us immediately of any changes to your contact details;
3.1.9 follow the instructions and directions we provide about using the LES MILLS Coach Service and only use it for lawful purposes;
3.1.10 be responsible and liable for any use by any other person (authorised or unauthorised) of the LES MILLS Coach Service we provide to you, including, without limitation, any charges associated with that use and any consequences if such person misuses the LES MILLS Coach Services or breaches these terms and conditions or suffers any injury or damage to their property; and
3.1.11 make sure everyone you are responsible for and who may use or do anything in relation to the LES MILLS Coach Service also meets the responsibilities set out in these terms and conditions.
3.2 You agree not to:
3.2.1 copy, reproduce, publish, transmit, broadcast, archive, download (other than through caching necessary for personal use), distribute, modify, display, perform, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these terms and conditions) content and information contained on or obtained from or through the LES MILLS Coach Service without express written permission from us;
3.2.2 use the LES MILLS Coach Service for public performances or publications including, without limitation, performance in or for any fitness facility;
3.2.3 use the Les Mills programs or any Les Mills materials (including, without limitation, the choreography or music contained therein) to learn, teach or instruct any fitness class;
3.2.4 circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the LES MILLS Coach Service;
3.2.5 use any robot, spider, scraper or other automated means to access the LES MILLS Coach Service;
3.2.6 decompile, reverse engineer or disassemble any software or other products or processes accessible through the LES MILLS Coach Service;
3.2.7 insert any code or product or manipulate the content of the LES MILLS Coach Service in any way;
3.2.8 use any data mining, data gathering or extraction method;
3.2.9 infringe any third party’s rights; or
3.2.10 upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the LES MILLS Coach Service, including any software viruses or any other computer code, files or programs.
3.3 If Les Mills' performance of any of its obligations under these terms and conditions is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Default):
3.3.1 without limiting or affecting any other right or remedy available to it, Les Mills shall have the right to suspend performance of the LES MILLS Coach Service until you remedy your Default, and to rely on your Default to relieve you from the performance of any of your obligations in each case to the extent your Default prevents or delays Les Mills' performance of any of its obligations;
3.3.2 Les Mills shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from Les Mills' failure or delay to perform any of its obligations as set out in this clause 2.2; and
3.3.3 you shall reimburse Les Mills on written demand for any costs or losses sustained or incurred by Les Mills arising directly or indirectly from your Default.
4 You are responsible for exercising within your limits
4.1 Consult your physician or a medical professional before using the LES MILLS Coach Service and follow his or her advice. If you choose to exercise or follow nutritional advice through the LES MILLS Coach Service, you do so at your own risk and acknowledge that the exercises carry an inherent risk of physical injury, particularly if you have a history of health problems or any previous injuries. Do not use the LES MILLS Coach Service if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back and neck) problems or injuries. Read and follow all safety guidance provided as part of the LES MILLS Coach Service.
4.2 If you are unfamiliar with the exercises in any video, refer questions to your coach or refer to the tutorials at https://lesmillsondemand.vhx.tv/learn-the-moves. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately. Nothing in the LES MILLS Coach Service is intended to be medical or professional advice or care. We and our related companies do not guarantee any health, weight loss or fitness results or improvements to users of the LES MILLS Coach Service.
4.3 By agreeing to these terms and conditions, you acknowledge that you do not have any chronic disabilities or conditions which would place you at risk of injury, have consulted with a physician prior to participating in this exercise program, and have received adequate training and instruction on proper performance of all exercises.
4.4 You are responsible for exercising within your limits and assume all risk of harm, injury to your person or property. The Les Mills coaches will be providing guidance and encouragement, but you are responsible for recognizing when you feel discomfort and for stopping and seeking advice if you are unsure you can complete an exercise, program or nutritional tip safely. CLAUSE 6 “EXCLUSIONS AND LIMITATION OF LIABILITY” OF THESE TERMS AND CONDITIONS EXPRESSLY APPLY YO YOUR USE OF THE LES MILLS COACHSERVICE.
4.5 You expressly acknowledge that:
4.5.1 any nutritional advice provided as part of the LES MILLS Coach Service is not personalized advice, and is in the form of general tips and strategies for healthy nutrition and living. You are responsible for your own nutritional health and wellbeing, and Les Mills is not liable for any injury or harm that is caused to you by the general nutritional tips and advice provided as part of the LES MILLS Coach Service; and
4.5.2 medical and healthcare advice is not part of the LES MILLS Coach Service. You are responsible for obtaining your own medical advice if required, as you acknowledge that the coaches are not medical professionals.
5 Your LES MILLS Coach Subscription for 4-week and 8 week programs
5.1 Your subscription to the LES MILLS Coach Service will continue for either four weeks or eight weeks, depending on the service you purchase, unless you or we cancel it in accordance with these terms and conditions or LES MILLS On Demand Terms of Use.
5.2 You must be over 18 years of age, have internet access, access to a video conferencing platform and provide us with a current, valid, method of payment acceptable to us (as confirmed during your online sign up) to use the LES MILLS Coach Service.
6 Cancellation
6.1 The cancellation provisions set out in the LES MILLS On Demand Terms of Use apply to the LES MILLS Coach Service.
7 Exclusion and Limitations of Liability
i. AS A CONSUMER, YOU MAY HAVE LEGAL RIGHTS IN YOUR JURISDICTION IN RELATION TO THE SUPPLY OF DIGITAL CONTENT, OR THE SUPPLY OF THE LES MILLS COACH SERVICE. THESE RIGHTS MAY INCLUDE THAT ALL DIGITAL CONTENT WE SUPPLY TO YOU WILL BE OF ACCEPTABLE QUALITY, FIT FOR PURPOSE AND AS DESCRIBED.
ii. NONE OF THE EXCLUSIONS OR LIMITATIONS SET OUT IN THESE TERMS WILL HAVE THE EFFECT OF LIMITING OR EXCLUDING ANY FORM OF LIABILITY WHERE SUCH LIABILITY CANNOT BE SO LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
iii. LES MILLS AND ITS RELATED COMPANIES DO NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE LMOD SERVICE OR THE MATERIALS IN THE LMOD SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD OR STREAMING FROM THE LMOD SERVICE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
iv. WHILE LES MILLS ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE LMOD SERVICE IS SAFE, LES MILLS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE LMOD SERVICES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEETS YOUR REQUIREMENTS.
v. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION BY LES MILLS OR ITS RELATED COMPANIES.
vi. SUBJECT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LES MILLS OR ANY OF ITS RELATED COMPANIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY PERSON AS SET FORTH BY CLAUSE 2.1(j) FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE USE OR MISUSE OF THE LES MILLS COACH SERVICE, OR FAILURE TO FOLLOW WARNINGS, INSTRUCTIONS, OR ADVICE PROVIDED IN THESE TERMS AND CONDITIONS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALLEGED DAMAGES FOR:
A. PERSONAL INJURY;
B. DEATH;
C. LOSS OF LIVELIHOOD;
D. PAIN AND SUFFERING; OR
E. EMOTIONAL DISTRESS.
vii. SUBJECT ONLY TO CLAUSES VI AND IX, IF WE FAIL TO MATERIALLY COMPLY WITH THE WARRANTIES AND OBLIGATIONS AS STATED IN TERMS OF THESE TERMS AND CONDITIONS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER WHICH IS A REASONABLY FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OR CONDITIONS OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH.
viii. LES MILLS AND ITS RELATED COMAPANIES DO NOT IN ANY WAY EXCLUDE OR LIMIT THEIR LIABILITY TO YOU FOR:
A. DEATH OR PERSONAL INJURY CAUSED BY LES MILLS OR ITS RELATED COMPANIES NEGLIGENCE;
B. FRAUD OR FRAUDULENT MISREPRESENTATION.
ix. LES MILLS AND ITS RELATED COMPANIES TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTTITUION OR OTHERWISE, ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU FOR THE LES MILLS COACH SERVICE.
1.5. You must have access to a video conferencing platform to have your initial call with your coach.
1.6. Once you have bought your LES MILLS Coach Service you do not have a right to a refund.
2. Supply of Service
2.1 Les Mills shall supply the LES MILLS Coach Service to you in accordance with the service specifications set out in clause 1 in all material respects.
2.2 Les Mills shall use all reasonable endeavours to meet any performance dates for the LES MILLS Coach Service, but any such dates shall be estimates only and time shall not be of the essence for the performance of the LES MILLS Coach Service.
2.3 Les Mills reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the LES MILLS Coach Service, and Les Mills shall notify you in any such event.
2.4 Les Mills warrants to you that the LES MILLS Coach Service will be provided using reasonable care and skill.
2.5 You must have a LES MILLS On Demand subscription to use the LES MILLS Coach Service.
3.1 You shall:
3.1.1 ensure that you comply with all instructions and guidance provided by Les Mills during the LES MILLS Coach Service, and in particular comply with all obligations set out in clause 3 of these terms and conditions;
3.1.2 co-operate with Les Mills in all matters relating to the LES MILLS Coach Service;
3.1.3 provide Les Mills with such information and materials as Les Mills may reasonably require in order to supply the LES MILLS Coach Service, and ensure that such information is complete and accurate in all material respects;
3.1.4 comply with all applicable laws, including health and safety laws;
3.1.5 keep all materials, equipment, documents, video, audio or written advice and other property of Les Mills (Les Mills Materials) at your premises in safe custody at your own risk, maintain Les Mills Materials in good condition until returned to Les Mills, and not dispose of or use Les Mills materials other than in accordance with Les Mills’ written instructions or authorisation:
3.1.6 use the LES MILLS Coach Service for your own personal and non-commercial use, and not for any commercial or business purpose;
3.1.7 do not disclose or provide any Les Mills materials to any other person or entity, and ensure that you comply with your obligations in relation to confidentiality and intellectual property set out in the LES MILLS On Demand Terms of Use;
3.1.8 ensure all information you give us is correct, and notify us immediately of any changes to your contact details;
3.1.9 follow the instructions and directions we provide about using the LES MILLS Coach Service and only use it for lawful purposes;
3.1.10 be responsible and liable for any use by any other person (authorised or unauthorised) of the LES MILLS Coach Service we provide to you, including, without limitation, any charges associated with that use and any consequences if such person misuses the LES MILLS Coach Services or breaches these terms and conditions or suffers any injury or damage to their property; and
3.1.11 make sure everyone you are responsible for and who may use or do anything in relation to the LES MILLS Coach Service also meets the responsibilities set out in these terms and conditions.
3.2 You agree not to:
3.2.1 copy, reproduce, publish, transmit, broadcast, archive, download (other than through caching necessary for personal use), distribute, modify, display, perform, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these terms and conditions) content and information contained on or obtained from or through the LES MILLS Coach Service without express written permission from us;
3.2.2 use the LES MILLS Coach Service for public performances or publications including, without limitation, performance in or for any fitness facility;
3.2.3 use the Les Mills programs or any Les Mills materials (including, without limitation, the choreography or music contained therein) to learn, teach or instruct any fitness class;
3.2.4 circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the LES MILLS Coach Service;
3.2.5 use any robot, spider, scraper or other automated means to access the LES MILLS Coach Service;
3.2.6 decompile, reverse engineer or disassemble any software or other products or processes accessible through the LES MILLS Coach Service;
3.2.7 insert any code or product or manipulate the content of the LES MILLS Coach Service in any way;
3.2.8 use any data mining, data gathering or extraction method;
3.2.9 infringe any third party’s rights; or
3.2.10 upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the LES MILLS Coach Service, including any software viruses or any other computer code, files or programs.
3.3 If Les Mills' performance of any of its obligations under these terms and conditions is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Default):
3.3.1 without limiting or affecting any other right or remedy available to it, Les Mills shall have the right to suspend performance of the LES MILLS Coach Service until you remedy your Default, and to rely on your Default to relieve you from the performance of any of your obligations in each case to the extent your Default prevents or delays Les Mills' performance of any of its obligations;
3.3.2 Les Mills shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from Les Mills' failure or delay to perform any of its obligations as set out in this clause 2.2; and
3.3.3 you shall reimburse Les Mills on written demand for any costs or losses sustained or incurred by Les Mills arising directly or indirectly from your Default.
4 You are responsible for exercising within your limits
4.1 Consult your physician or a medical professional before using the LES MILLS Coach Service and follow his or her advice. If you choose to exercise or follow nutritional advice through the LES MILLS Coach Service, you do so at your own risk and acknowledge that the exercises carry an inherent risk of physical injury, particularly if you have a history of health problems or any previous injuries. Do not use the LES MILLS Coach Service if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back and neck) problems or injuries. Read and follow all safety guidance provided as part of the LES MILLS Coach Service.
4.2 If you are unfamiliar with the exercises in any video, refer questions to your coach or refer to the tutorials at https://lesmillsondemand.vhx.tv/learn-the-moves. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately. Nothing in the LES MILLS Coach Service is intended to be medical or professional advice or care. We and our related companies do not guarantee any health, weight loss or fitness results or improvements to users of the LES MILLS Coach Service.
4.3 By agreeing to these terms and conditions, you acknowledge that you do not have any chronic disabilities or conditions which would place you at risk of injury, have consulted with a physician prior to participating in this exercise program, and have received adequate training and instruction on proper performance of all exercises.
4.4 You are responsible for exercising within your limits and assume all risk of harm, injury to your person or property. The Les Mills coaches will be providing guidance and encouragement, but you are responsible for recognizing when you feel discomfort and for stopping and seeking advice if you are unsure you can complete an exercise, program or nutritional tip safely. CLAUSE 6 “EXCLUSIONS AND LIMITATION OF LIABILITY” OF THESE TERMS AND CONDITIONS EXPRESSLY APPLY YO YOUR USE OF THE LES MILLS COACHSERVICE.
4.5 You expressly acknowledge that:
4.5.1 any nutritional advice provided as part of the LES MILLS Coach Service is not personalized advice, and is in the form of general tips and strategies for healthy nutrition and living. You are responsible for your own nutritional health and wellbeing, and Les Mills is not liable for any injury or harm that is caused to you by the general nutritional tips and advice provided as part of the LES MILLS Coach Service; and
4.5.2 medical and healthcare advice is not part of the LES MILLS Coach Service. You are responsible for obtaining your own medical advice if required, as you acknowledge that the coaches are not medical professionals.
5 Your LES MILLS Coach Subscription for 4-week and 8 week programs
5.1 Your subscription to the LES MILLS Coach Service will continue for either four weeks or eight weeks, depending on the service you purchase, unless you or we cancel it in accordance with these terms and conditions or LES MILLS On Demand Terms of Use.
5.2 You must be over 18 years of age, have internet access, access to a video conferencing platform and provide us with a current, valid, method of payment acceptable to us (as confirmed during your online sign up) to use the LES MILLS Coach Service.
6 Cancellation
6.1 The cancellation provisions set out in the LES MILLS On Demand Terms of Use apply to the LES MILLS Coach Service.
7 Exclusion and Limitations of Liability
i. AS A CONSUMER, YOU MAY HAVE LEGAL RIGHTS IN YOUR JURISDICTION IN RELATION TO THE SUPPLY OF DIGITAL CONTENT, OR THE SUPPLY OF THE LES MILLS COACH SERVICE. THESE RIGHTS MAY INCLUDE THAT ALL DIGITAL CONTENT WE SUPPLY TO YOU WILL BE OF ACCEPTABLE QUALITY, FIT FOR PURPOSE AND AS DESCRIBED.
ii. NONE OF THE EXCLUSIONS OR LIMITATIONS SET OUT IN THESE TERMS WILL HAVE THE EFFECT OF LIMITING OR EXCLUDING ANY FORM OF LIABILITY WHERE SUCH LIABILITY CANNOT BE SO LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
iii. LES MILLS AND ITS RELATED COMPANIES DO NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE LMOD SERVICE OR THE MATERIALS IN THE LMOD SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD OR STREAMING FROM THE LMOD SERVICE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
iv. WHILE LES MILLS ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE LMOD SERVICE IS SAFE, LES MILLS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE LMOD SERVICES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEETS YOUR REQUIREMENTS.
v. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION BY LES MILLS OR ITS RELATED COMPANIES.
vi. SUBJECT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LES MILLS OR ANY OF ITS RELATED COMPANIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY PERSON AS SET FORTH BY CLAUSE 2.1(j) FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE USE OR MISUSE OF THE LES MILLS COACH SERVICE, OR FAILURE TO FOLLOW WARNINGS, INSTRUCTIONS, OR ADVICE PROVIDED IN THESE TERMS AND CONDITIONS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALLEGED DAMAGES FOR:
A. PERSONAL INJURY;
B. DEATH;
C. LOSS OF LIVELIHOOD;
D. PAIN AND SUFFERING; OR
E. EMOTIONAL DISTRESS.
vii. SUBJECT ONLY TO CLAUSES VI AND IX, IF WE FAIL TO MATERIALLY COMPLY WITH THE WARRANTIES AND OBLIGATIONS AS STATED IN TERMS OF THESE TERMS AND CONDITIONS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER WHICH IS A REASONABLY FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OR CONDITIONS OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH.
viii. LES MILLS AND ITS RELATED COMAPANIES DO NOT IN ANY WAY EXCLUDE OR LIMIT THEIR LIABILITY TO YOU FOR:
A. DEATH OR PERSONAL INJURY CAUSED BY LES MILLS OR ITS RELATED COMPANIES NEGLIGENCE;
B. FRAUD OR FRAUDULENT MISREPRESENTATION.
ix. LES MILLS AND ITS RELATED COMPANIES TOTAL AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTTITUION OR OTHERWISE, ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU FOR THE LES MILLS COACH SERVICE.