Effective Date: 11th June 2020

YOUR AGREEMENT TO THESE TERMS

By placing an order through www.spinalbackrack.com (the “Site”), you agree to be bound by the terms and conditions set forth below. This Terms of Use document (“Terms” or “Agreement”) is a legally binding agreement made by and between Spine Back Rack Ltd and you. This Agreement governs your use of www.spinalbackrack.com, and its affiliate websites and the products we offer on the Sites (“Products”), so please read it carefully. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE OR PLACE ANY PURCHASE FOR PRODUCTS ON THE SITE. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE SITE.
Use of this Site signifies your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms please do not use this Site. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT. READ THEM CAREFULLY, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS. We reserve the right to change these Terms, and your continued use of the Site constitutes an agreement to all such changes.

CONTACT INFORMATION

Spine Back Rack Ltd is authorized to use any phone number you provide to contact you for account maintenance and billing purposes.

RETURNS & CANCELLATIONS

If you wish to return a product, see our Return Policy, which is incorporated in FAQs on the site. Once your order is placed, it cannot be cancelled.
Priority processing is part of your order today and once your order is placed, it is being processed for shipping and on-time delivery.

AUTHORIZED USES OF THIS WEBSITE

You may only use or make purchases on the Site if you are 18 years old or the age. You must comply with all of the terms and conditions of this Agreement, the policies referred to below, and all applicable laws, regulations, and rules when you use the Site. In your use of the Site and the services available on the Site, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other rights of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Site or any websites linked to the Site; (iii) interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Site; (viii) use any meta tags or any other “hidden text” utilizing the Spine Back Rack name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Site; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; or (xi) assist any third party in engaging in any activity prohibited by this Agreement.
All right, title and interest in the Site and any content contained herein is the exclusive property of Spine Back Rack, except as otherwise stated. Spine Back Rack grants you a limited, non-exclusive license to access and make personal use of this Site. You may print, copy and download any information or portion of the Site for your personal use only. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent of Spine Back Rack Ltd. You may not copy, publish, or reproduce any information contained on the Site for any commercial or public purpose outside of those uses authorized by this document, without Spine Back Rack’s prior written approval. Any unauthorized use terminates the permission or license granted by Spine Back Rack Ltd.
Unauthorized use of the Site including, but not limited to, unauthorized entry into Spine Back Rack Ltd. systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the Site in any manner that could damage or impair the functionality of the Spine Back Rack Site. You may not attempt to gain unauthorized access to the Spine Back Rack site or service, computer systems or networks connected to any Spine Back Rack system, through hacking, password mining or any other means. You agree that you will not engage in any activities related to the Site that violate applicable laws or regulations.
Spine Back Rack Ltd. reserves the right and sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials, and descriptions on the Site and to suspend and/or deny access to the Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Spine Back Rack Ltd. does not undertake any obligation or responsibility to update or amend any such information. Spine Back Rack Ltd. reserves the right to discontinue or modify any product or service described in or offered on the Site at any time.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The information, products, and services on the Site are provided on an “AS IS,” and “AS AVAILABLE” basis. Spine Back Rack Ltd. does not warrant the information or services provided herein or your use of the Site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Spine Back Rack Ltd. will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Site. Spine Back Rack Ltd. cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Spine Back Rack Ltd nor any of its parents, subsidiaries, affiliates, successors, assigns, and their respective officers, directors, members, shareholders, employees, agents, suppliers, nor any third party vendor, will be liable to you for any kind for any loss or damage that you incur in the event of any failure or interruption of the Site or resulting from the act or omission of any other party involved in making the Site, the data contained herein or the products or services offered on the Site available to you, or from any other cause relating to your access to, inability to access, purchases made via, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Spine Back Rack Ltd. or of any vendor providing software or services. In no event will Spine Back Rack Ltd. or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, legal fees, or any other damages of any kind even if Spine Back Rack Ltd. or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strikes or other labour problems or any Force Majeure. Spine Back Rack Ltd. cannot and does not guarantee continuous, uninterrupted or secure access to the Site.

DISPUTE RESOLUTION

You and Spine Back Rack Ltd have entered into this agreement under the conditions prevailing under the Consumer Rights Act 2015. You agree that any and all disputes arising out of or relating to the Site; any transaction or purchase you make on the Site; any information you provide on the Site; any relationship between us resulting from your use of the Site; the purchase, order, installation, or use of Spine Back Rack’s products or services; or communications between us; will first be addressed by consideration of the consumer rights as contained in the Consumer Rights Act 2015. Should a resolution not be possible you and Spine Back Rack Ltd further agree that any ongoing dispute will be referred to an Alternative Dispute Resolution (ADR) Body (one chosen with the agreement of you and Spine Back Rack Ltd.) as approved by the Chartered Trading Standard Institute. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. If you initiate arbitration, Spine Back Rack Ltd. will promptly reimburse you for any standard filing fee which may have incurred once you have notified Spine Back Rack Ltd. in writing and provided a copy of the arbitration proceedings. However, if Spine Back Rack Ltd. is the prevailing party in the arbitration, applicable law may allow the arbitrator to award legal fees and costs to Spine Back Rack Ltd..

INTELLECTUAL PROPERTY RIGHTS

All content included on this Site, including without limitation its design, software, logos, design, text, graphics, images, photographs, illustrations, user interfaces, artwork, product descriptions, multimedia content, computer code (including HTML code), products, information other files, and the selection and arrangement thereof is the property of Spine Back Rack Ltd. or its content suppliers and protected by United Kingdom and international copyright laws. © Spine Back Rack, based on unique patented technology, all rights reserved. The compilation of all content on this Site is the exclusive property of Spine Back Rack Ltd and protected by the U.K. and international copyright laws. The related design marks and other trademarks on the Site are owned by Spine Back Rack Ltd. Page headers, custom graphics, button icons and scripts are trademarks or trade dress owned by Spine Back Rack Ltd. You may not use any of these trademarks, trade dress, or trade names without our express written permission. All software used on this Site is the property of Spine Back Rack Ltd. or its software suppliers and protected by the United Kingdom and international copyright laws. You may not use such materials without permission. You may not deep link to portions of the Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Site.

PRIVACY POLICY

The Spine Back Rack Ltd. Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to the collection, use, and disclosure of your personal information by Spine Back Rack Ltd.

LINKS

The Site may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. Spine Back Rack Ltd. makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from this Site, or websites linking to this Site. When leaving the Site, you should be aware that Spine Back Rack Ltd. terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data gathering practices, of that website.

CONTENT

By posting, storing, or transmitting any content on or to the Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

PRODUCT DESCRIPTIONS AND PRICING

For questions about the products or services on this Site, or for questions about orders placed through the Site or otherwise, please use the Customer Service phone number or email links found on https://www.spinalbackrack.com/contact/.
 
Spine Back Rack Ltd. and its affiliates attempt to be as accurate as possible. However, Spine Back Rack Ltd. does not warrant those product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by Spine Back Rack Ltd. itself is not as described, your sole remedy is to return it in unused condition.
In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to Spine Back Rack Ltd. is registered to you. Spine Back Rack Ltd. reserves the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Spine Back Rack Ltd. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms.
Products displayed on this Site are available while supplies last. Descriptions of, or references to, products not owned by Spine Back Rack Ltd. on the Site do not imply endorsement of that product or constitute a warranty, by Spine Back Rack Ltd..

Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

• Pay in 3
• Pay Later

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

ACCURACY OF INFORMATION

We attempt to ensure that the information on the Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.

ELECTRONIC SIGNATURES AND AGREEMENTS

You acknowledge and agree that by clicking on the button labelled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by Spine Back Rack Ltd. to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Terms of Use. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws including without limitation the Electronic Communications Act 2000. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY SPINE BACK RACK LTD. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

SHIPPING

Although Spine Back Rack Ltd. may provide delivery or shipment time frames or dates, you understand that those are estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. Spine Back Rack Ltd shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. All shipments leave the Spine Back Rack Ltds warehouse in good condition. Any damage to the product, shortages or items lost in transit MUST be reported to Spine Back Rack Ltd. within fourteen (14) business days of the ship date listed in the shipment tracking confirmation email. Failure to report within this time frame may result in delays or denial of claims.

INTERNATIONAL USE

If you access this Site from a location outside the United Kingdom, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Spine Back Rack Ltd. makes no representation that materials on this site are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited.

INDEMNIFICATION

NOT ALL HEALTH AND FITNESS PROGRAMS/PRODUCTS ARE SUITABLE FOR EVERYONE AND THIS OR ANY PRODUCT MAY RESULT IN INJURY. CONSULT YOUR DOCTOR BEFORE UTILIZING THIS OR ANY HEALTH OR FITNESS RELATED PROGRAM OR PRODUCT. WE PROVIDE INFORMATION ON THE SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
You hereby fully release and agree to indemnify and hold harmless Spine Back Rack Ltd., its parents, subsidiaries, affiliates, successors, assigns, and their respective officers, directors, members, shareholders, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including legal fees) arising out of or relating to your use of the Site, the products, exercises, instructions, or advice on the Site, your violation of these Terms, your violation of any rights of another, or your failure to perform your obligations hereunder.

INFRINGEMENT POLICY

If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Copyright and Patents Act 1988 and with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit Spine Back Rack Ltd. to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices should be sent to Spine Back Rack’s Copyright Agent at:
Spine Back Rack LTD
Suite 17, Milford House, 7 Queen Anne Street
London, W1G 9HN

GOVERNING LAW

These Terms, as well as the Privacy Policy for the Site, and any dispute that may arise between you and Spine Back Rack Ltd, shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict of laws principles.
Unless otherwise stated herein, if any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms.

CONTACT US

If you have any questions about these Terms, you may contact us by telephone during business hours or via email at any time using the following:
Telephone: +44 775 100 6410
Email:  info@spinalbackrack.com