Terms and Conditions

Terms and Conditions

Thank you for choosing LVL wellbeing and welcome to the services operated by Switch Technology Holding ("we", "us" or "LVL") via our website available at http://www.lvl-wellbeing.com (the “Site“) or any other website, device or platform, along with the sessions available on the LVL wellbeing site and any other services that we may provide in relation to the services, such as customer support, social media, community channels and other websites that we may operate from time to time (together, the “Services“).

By accepting these terms and conditions (including the linked information herein), and by using the “Site“, you represent that you agree to comply with these terms and conditions with Switch Technology Holding ("we", "us" , “LVL’or "LVL Wellbeing") in relation to your use of the “Site“ (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with the “Site“. Before you may become or continue as a member of the “Site“, you must read, agree with and accept this User Agreement and LVL’s Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that impactyou as a user of LVL wellbeing. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

These Terms and Conditions (these “Terms“) apply to the Services. The Terms apply whether you are a user that registers an account with us or an unregistered user or visitor to the Site. You agree that by subscribing or otherwise registering, downloading, accessing or using our Services, you are entering into a legally binding agreement between you and us regarding your use of the Services.

By using our Services, you are also agreeing (i) that you have read and understood our Privacy Policy which sets out how we collect, process and use your information; and (ii) to our Medical Disclaimer. Please read these Terms carefully before you start to use our Services. We recommend that you print a copy of these Terms for future reference. If you do not agree to these Terms, you must not use our Services.

GENERAL

  1. These Terms were last updated on INSERT GO LIVE DATE.
  2. The Services are operated by Switch Technology Holding (“us“, “we“, “our”, “LVL” or “LVL wellbeing“). Further information about us, including how to contact us, is set out in section 13, below.
  3. you are 18 years of age or over the age of 18 years. Minors may only use the service under the supervision of an adult. ;
  4. if you are a corporate representative, you have authority to bind the corporate entity; you are the sole and exclusive legal and beneficial owner of all services of any description that you wish to offer for sale on the "Site" and you have complete right, title and authority to deal in and offer for sale such items;
  5. you will inform LVL of any postings, items or transactions which appear to be in violation of this User Agreement;
  6. you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the "Site";
  7. information you provide on the "Site" in respect of items you wish to sell shall be as accurate as reasonably possible;
  8. you will not use contact information provided to you during the course of a transaction on the "Site" to solicit additional sales offline or on another website;
  9. you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information; 
  10. you will not disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws
  11. We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear on the “Site“ with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.

THE LVL SERVICES

  1. LVL and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your LVL membership we grant you a limited, non-exclusive, non-transferable right to access the LVL service and view content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
  2. LVL, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of LVL content. 
  3. Without limiting any rights or remedies available to LVL under this User Agreement or at law, LVL may suspend, limit or withdraw your access to the Site and/or your membership of the Site if you are found to have engaged in false or fraudulent activity in connection with the use of the Site. As providers on the Site we encourage you to post feedback on each user after each sale.

MEMBERSHIP

  1. In order to use the LVL site, you must create an account and register for a subscription package
    1. All subscription packages are purchased by a company (“Company”, "Companies") that intends of to offer the platform as part of their wellness benefits or customer benefits programs
    2. All users of LVL create their account through one of the pre-established subscription packages purchased by a “Company”;
  2. Your membership affords you exclusive access to live sessions hosted by third parties and on-demand videos for the duration of your subscription;
  3. We grant you a limited, non-exclusive, non-transferable, revocable licence to make use of our Services and a limited, non-exclusive, non-transferable, revocable licence to make personal, non-commercial use of the Materials. We reserve all rights not expressly granted in these Terms.
  4. You agree that when you create an account with us, you shall take all steps necessary to protect your login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account. If you do not keep your login details secret, or if you share your account or details with someone else, you accept full responsibility for the consequences of this (including any unauthorised purchases).
  5. Your subscription to the site remains the property of the Company throughout the duration of the term. The Company may suspend, restrict or terminate your account and your access to our Services with or without notice if they believe that you have breached these Terms. Or they may do so if you discontinue your employment or custom with them.

RIGHTS WE GRANT YOU

  1. Please report problems of any kind or violations of this User Agreement to LVL. If you believe that your intellectual property rights have been violated, please notify LVL. Without prejudice to any other rights and remedies of LVL under this User Agreement or at law, LVL may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also LVL can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies. 

INTELLECTUAL PROPERTY

  1. The Services and other material on the Services is owned and operated by us. Unless otherwise indicated, all content, information and other materials on our Service, including our trademarks and logos, the visual interfaces, graphics, design, information, software, computer code, services, text, images, sound files and any other files, and the selection and arrangement thereof (collectively, the “Materials“) are protected by relevant intellectual property rights and laws. All Materials contained on our Services are the property of LVL and/or third party licensors. Please refer to our section on Copyright Infringement and Content Takedown.
  2. You agree not to remove, obscure or alter any of the Materials appearing on our Services. You may not sell, license, distribute, copy, modify or otherwise make any derivative use of, publicly perform or display, transmit, publish, edit or adapt the Materials.
  3. If we find that you have made unauthorised use of the Materials found on this Services we may terminate this licence and account at any time (and without notice).

YOUR USE OF OUR SERVICES

  1. You agree that you will comply with any applicable third party terms of agreement when using the Services.
  2. You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
  3. You warrant that all the information you provide to us on accessing and/or using our Services is and shall remain true, correct and accurate at all times. You understand and agree that all content that you may upload, communicate or otherwise make available via our Services is your sole responsibility.
  4. LVL is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a user or provider will complete a transaction. You will not hold LVL responsible for other users' content, actions, or inactions, or items or Information they list or post. In particular:
  5. LVL is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of services which are unavailable.
  6. LVL is not required to mediate or resolve any dispute or disagreement between users.
  7. LVL has no control over and does not guarantee the quality, safety or legality of services advertised, the truth or accuracy of users' content or listings, the ability of providers to sell services, or the ability of users to pay for services.
  8. LVL does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the services proposed to be sold or purchased on the Site. In particular, LVL does not implicitly or explicitly support or endorse the sale or purchase of any services on the Site, nor is LVL a supplier of any services sold by providers or purchased by users.
  9. LVL does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
  10. Users shall independently agree upon the manner and terms and conditions of service fulfillment as between each other and LVL holds no responsibility in respect of such arrangements.
  11. LVL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  12. LVL excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
  13. You agree that you will not:
    1. post Information or content or list services in an inappropriate category or areas on our Site;
    2. post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
    3. post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
    4. post Information or services which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
    5. post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
    6. post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
    7. post any Information or content or list services which may (in our sole discretion) be considered culturally or religiously offensive in any way;
    8. post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
    9. post Information or content or list services which may (in our sole discretion) threaten national security;
    10. post Information or content or list services which may (in our sole discretion) constitute or be considered to promote gambling;
    11. use "keyword spamming" in listing services for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
    12. attempt to conclude transactions relating to the sale of a service on the Site, outside of the Site;
    13. use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other services directly and/or from another website;
    14. manipulate or attempt to manipulate the Site in any way including the prices of any services on the Site (either alone or in conjunction with other users);
    15. circumvent or manipulate our fee structure, the billing process, or fees owed to LVL;
    16. take any action that may undermine the Site's feedback and ratings systems;
    17. transfer your Site account (including feedback) and username to another party without our consent;
    18. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
    19. distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;
    20. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
    21. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
    22. interfere or attempt to interfere with the proper working of the Site;
    23. attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
    24. export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
    25. copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
    26. violate any laws, rules, regulations, guidelines, third party rights or our policies;
  14. We may suspend, restrict or terminate your account and your access to our Services with or without notice if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.

LINKS TO OTHER SITES

  1. The Site may include links to third party websites that are controlled by and maintained by others. LVL cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that LVL is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.
  2. Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Website Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites.

COPYRIGHT INFRINGEMENT AND CONTENT TAKEDOWN

  1. Please note that we have no obligation to monitor, review, filter, moderate or remove any content from the Services. Nevertheless, we reserve the right to take any such actions in our sole discretion.
  2. If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to our Services, without your authorisation, or in any other way that constitutes copyright infringement, you should notify us of your copyright infringement claim in accordance with the procedure below. 
  3. To be effective, your notification must be in writing and contain the following information:
    1. a statement that you have identified works which infringe your copyright, or the copyright of a third party on whose behalf you are entitled to act
    2. a description of the works that you claim is infringing or where it is located on the Services, with enough detail that we may verify its existence;
    3. a description of the copyright works that you claim have been infringed;
    4. your full name, address and telephone number and a valid email address on which you can be contacted;
    5. a statement that you believe in good faith that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; and
    6. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or otherwise authorised to act on behalf of the owner of, the copyright work that is allegedly infringed.
    7. Please send the notice containing the above information by email to hello@switchand.co.
  4. Notwithstanding our position that we are not obliged to monitor any content uploaded to the Services (as referred to above), it is our policy to: (i) block access to or remove material that we believe in good faith to be copyright works that have been illegally copied and distributed by any of our advertisers, affiliates, suppliers or users; and (ii) terminate repeat offenders’ use of the Services.
  5. We have no control over and do not warrant in any way that the content or other information and materials provided by our users or third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, we disclaim all warranties, representations, and terms and conditions that may relate in any way to any content listed on the Services.
  6. None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and LVL and you shall have no authority to bind LVL in any manner whatsoever. 

MEDICAL DISCLAIMER

  1. As part of our Services you will have access to health, fitness and wellbeing information and will be able to participate in live or video-on-demand classes, activities and any other products and/or services which are provided by third party trainers via “the Site”.
  2. You acknowledge that such information and the Sessions are designed for educational and entertainment purposes only and you should not rely on this information as a substitute for, nor does it replace, professional medical advice or treatment. The use of any information provided on our Services is solely at your own risk. You also understand that the Sessions together with any health, fitness and nutritional information are provided by third parties and we take no responsibility for such content. Please read our Medical Disclaimer for more details.
  3. You acknowledge that some of the Sessions may be physically demanding and you understand that it is your responsibility to consult with your doctor prior to participating in the Sessions to ensure that you are fit and well enough to take part and that your participation in the Sessions will not pose any unusual or serious risks to your health and well-being. By accessing our Services and taking part in any of the Sessions you warrant and represent that you are fit and healthy to take part in the Sessions.
  4. You hereby waive, release, covenant not to claim, and discharge us from any and all claims arising out of your participation in any of the Sessions. 

LIMITATION OF LIABILITY

  1. Nothing in these Terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
  2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on it, whether express or implied.
  3. We will not be liable to you for any lack of performance, or the unavailability or failure of any of our Services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
  4. Any liability we do have for losses you suffer (other than those mentioned in Sections 7.1 and 7.5) is strictly limited to the purchase price of the relevant subscription and the losses that were foreseeable, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is only foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms.
  5. Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties which may not be excluded or limited under applicable law.
  6. 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 Services or to your downloading of any content from it, or on any website linked to it.
  7. We will not be liable for any damage that may be caused to any device on which you access or use our Services that is caused in any way by our Services, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Services.
  8. We assume no responsibility for the content of websites linked on our Site or on our Services. 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.
  9. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. If you are unsure what these charges will be, you should ask your mobile operator or internet service provider before you access and/or use our Services.
  10. There may be times when our Services or any part of it is not available for maintenance or technical related reasons, whether on a scheduled or unscheduled basis.
  11. We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the LVL Premium Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the LVL Free Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the LVL Premium Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the LVL Premium Services or any part of them which are paid-for with real money in our sole discretion upon reasonable
  12. To the extent permitted by law, LVL, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not LVL has been advised of the possibility of such losses or damages). 
  13. If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to LVL and LVL shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement. 

INDEMNIFICATION

  1. You agree to indemnify and hold LVL and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
    You release and indemnify LVL and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.

DISPUTES

  1. If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute. 
  2. In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre - London Court of International Arbitration ("LCIA"), which rules ("Rules") are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of LVL to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and LVL shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so. 

OTHER IMPORTANT TERMS

  1. You hereby grant LVL the right to, and irrevocably acknowledge and agree that LVL may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. LVL agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of LVL, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of LVL. 
  2. No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail. 

CHANGES AND AMENDMENTS

  1. We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes. Policy was created with Website Policies.
  2. If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and LVL with respect to the subject matter hereof. 

ACCEPTANCE OF THESE TERMS

  1. You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.