Terms & Conditions

By using lomaxpt.com or any other Website owned or operated by Lomax Bespoke Health Ltd or its affiliates (trading as “Lomax Bespoke Fitness, Nutrition & Wellbeing”), you agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this or any other website operated by Lomax Bespoke Fitness, Nutrition & Wellbeing. We reserve the right to change these Terms and Conditions of Use, in whole or in part, at any time, with or without notice. You should always check these Terms and Conditions of Use prior to using this or any other website operated by Lomax Bespoke Fitness, Nutrition & Wellbeing. Your continued use of this or any other website operated by Lomax Bespoke Fitness, Nutrition & Wellbeing following the posting of changes to these Terms and Conditions of Use will mean you accept those changes.

References in these terms of use to “you”, “your” or “yours” are to be taken as references to the site user, except where stated or where the context requires otherwise. References to “us” or “we” are to be taken as references to Lomax Bespoke Fitness, Nutrition & Wellbeing.

1. Restricted uses
The contents of this site are copyrighted under United Kingdom copyright laws. Except as stated herein, none of the material on this site may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. However, you may download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included in or accessed through this site and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such downloaded material for any commercial purpose. Modification of the materials or use of the materials for any other purpose is a violation of Lomax Bespoke Fitness, Nutrition & Wellbeing’s copyright and other proprietary rights. The use of any of the whole or any part of the content of this site (including but not limited to trade names and logos) except as expressly provided in these Terms and Conditions of Use, is strictly prohibited. All copyright and all other intellectual property and proprietary rights of any sort relating in any way to this site (including, but not limited to, those relating to its content, branding and the services, software and any other materials made available on and through it) which are not granted to you in accordance with these terms of use are hereby expressly reserved to Lomax Bespoke Fitness, Nutrition & Wellbeing or, in the case of any other brands, names and logos featured on this site, their respective owners.

2. Intended audience
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in the United Kingdom and its territories and possessions. Lomax Bespoke Fitness, Nutrition & Wellbeing controls and operates this site from the United Kingdom. Lomax Bespoke Fitness, Nutrition & Wellbeing makes no representation that materials contained on this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

3. Prices
a) The price of the products & services will be in GBP and quoted on this site at the time we accept your order. The price will include any applicable value added tax, but not the cost of delivery where applicable;

b) For products, In addition to the price, you will have to pay our delivery charges as quoted on the site at the time we accept your order – unless you qualify for free delivery. The amount of these charges varies according to the method of delivery and the delivery address you specify in your order;

c) Payment is made by credit card at the time we accept your order. (The credit cards we accept are listed in the Web Site at the time you place your order). Refunds will generally be made by means of a credit to your credit card;

d) Although every care is taken in the quality of content on this site, there may occasionally be an error and items may be mispriced. In this event we will either: contact you to ask if you wish to cancel the order, or simply cancel the order and notify you, at our own discretion. We are under no obligation to supply goods at the incorrect price;

e) There are no export restrictions.

4. Delivery policy
a) We will arrange for delivery of the products you order by the method and to the address, which you specify. However, the time for delivery will not be essential to the contract between us;

b) If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges;

c) If there is an error or any other delivery problem in respect of the products ordered, you must notify us in writing within 14 days after the delivery date. We will not be liable for any loss or damage if you fail to do this;

d) All our products are dispatched via courier in padded delivery bags. Postage and packaging will be charged at £5 within the UK and Ireland. We endeavor to deliver within 3-5 working days.

5. Return, refund and cancellation policy
a) You may cancel your order by notifying us in writing at any time up to 14 days after your products have been delivered. The notification should state your order number and give the reason for cancellation.

b) If you cancel your order after we have dispatched the products, then you must return the products to us at the address set out below. The products should be returned in a reasonable condition and at your own expense. We recommend the use of a Recorded Delivery Service.

c) You can no longer cancel your order once you have opened or otherwise tampered with the product containers or used the products. However, your statutory rights concerning the quality of those products will be unaffected.

6. Hyperlinks to or from other sites
Lomax Bespoke Fitness, Nutrition & Wellbeing is not affiliated or associated with sponsors or producers of any third-party websites that hyperlink to or from this site. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from this site from such third parties. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this site, since these third-party sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.

7. Limitation of liability
(a) The description and specification of goods and services on this site is only approximate and we reserve the right to make changes which do not may affect the quality or performance of such goods and services.

We may correct any error appearing on this site or withdraw any product from sale without incurring liability. Price and availability is also subject to change without notice.

(b) Except as may be set out in these terms of use, this site, its content, and any use you choose to make of it, are provided and permitted without any representations or warranties of any kind, whether express or implied, and we disclaim all such representations and warranties so far as permitted by law. We do not warrant that information contained on or accessed through this site is adequate, complete, accurate or up-to-date, nor do we warrant that the site (or any part of it) will always be accessible, fully functional or free from errors and viruses. Accordingly, you agree that the only remedy available to you for breach of these terms of use shall be for our breach of contract under these terms of use.

(c) Subject to paragraph (d) below, but otherwise so far as permitted by law, we exclude and are not liable for all loss, damage(s) and liability (whether or not caused by our negligence) for all wasted time, all loss/corruption of data, all loss of profits, opportunities, and goodwill, and all indirect, consequential and punitive loss or damage(s) arising from or in relation to use of this site and/or the information on it or any services provided through it, howsoever arising, whether in contract, tort (including negligence), statute or otherwise, and even if it was reasonably foreseeable or we have been made aware of the possibility of such loss/damage(s)/liability.

(d) Subject to paragraph (d) below, but otherwise so far as permitted by law, our total aggregate liability hereunder in respect of direct loss and damage and other direct liability, howsoever arising, whether in contract, tort (including negligence), statute or otherwise shall be limited per claim or series of related claims, to £100.

(e) Nothing in these terms of use shall limit our liability for:
(i) loss or damage for death or personal injury caused by our negligence; or
(ii) for any fraudulent misrepresentation made by us or those under our control.

(f) If you are using this site as a consumer then nothing in these terms of use shall in any way limit your statutory rights.

8. Indemnification
You will indemnify and hold Lomax Bespoke Fitness, Nutrition & Wellbeing, and its subsidiaries, affiliates, directors, officers, agents, contractors or other partners, and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of material or information you submit, post to or transmit through a Interactive Medium, your use of this site, your connection to this site, or your violation of the Terms and Conditions of Use.

9. Privacy Policy

Lomax Bespoke Health Ltd cares about your privacy.  For this reason, we collect and use data only as it might be needed for us to deliver to you our products, services, websites and mobile applications (collectively, our “Services”). Your data includes information such as:

  • Name
  • Address
  • Telephone number
  • Date of birth
  • Email address

This policy also explains your choices about how we use information about you.  Your choices include how you can object to certain uses of information about you and how you can access and update certain information about you.  Other data collected that could directly or indirectly identify you.

Our Privacy Policy is intended to describe to you how and what data we collect, and how and why we use your data. It also describes options we provide for you to access, update or otherwise take control of your data that we process.

Where we provide the Services under contract with an organisation, that organisation controls the information processed by the Services.

What information do we collect about you

We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.     

Account and Profile Information:  We collect information about you when you register for an account or make purchases through the Services. For example, you provide your contact information billing information when you register for the Services. We keep track of your preferences when you select settings within the Services.

Content you provide through our websites:  The Services also include our websites owned or operated by us. We collect other content that you submit to these websites, which include social media or social networking websites operated by us. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, competitions, promotions, sweepstakes, activities or events. 

Information you provide through our support channels:  The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service.  Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.

Payment Information:  We collect certain payment and billing information when you register for certain paid Services. For example, we ask you to designate a billing representative, including name and contact information, upon registration.  You might also provide payment information, such as payment card details, which we collect via secure payment processing services.

How we use the information

We strongly believe in both minimizing the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services you purchase or interact with, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include delivering, improving, updating and enhancing the Services we provide to you. 

We collect various information relating to your purchase, use and/or interactions with our Services.  We use this information to:

  • Improve and optimise the operation and performance of our Services
  • Diagnose problems with and identify any security risks, errors, or needed enhancements to the Services
  • Detect and prevent fraud and abuse of our Services and systems
  • Collecting aggregate statistics about use of the Services
  • Understand and analyse how you use our Services and what products and services are most relevant to you.

Often, much of the data collected is aggregated or statistical data about how individuals use our Services, and is not linked to any personal data, but to the extent it is itself personal data, or is linked or linkable to personal data, we treat it accordingly.

Sharing with trusted third parties. We may share your personal data with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third party service providers as necessary for them to perform services on our behalf, such as:

  • Processing credit card payments
  • Serving advertisements
  • Performing analysis of our Services
  • Communicating with you, such as by way email or survey delivery
  • Customer relationship management.

We only share your data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilising, sharing or retaining your data for any purpose other than as they have been specifically contracted for (or without your consent).

We may contact you directly or through a third party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services. These contacts may include:

  • Email
  • Telephone calls

Compliance with legal, regulatory and law enforcement requests. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.

Website analytics.  We use multiple web analytics tools provided by service partners such as Google Analytics to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (ex: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies. You can control the technologies we use by managing your settings through the ‘cookie banners” that may be presented (depending on URL of website visited) when you first visit our webpages, or by utilising settings in your browser or third-party tools, such as Disconnect, Ghostery and others.

How you can access, update or delete your data.

To easily access, view, update, delete or port your personal data (where available), or to update your subscription preferences, please contact the Lomax Bespoke Health Front of House team.

If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honoured only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.

How we secure, store and retain your data.

We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilisation of encryption where appropriate.

We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

  • mandated by law, contract or similar obligations applicable to our business operations;
  • for preserving, resolving, defending or enforcing our legal/contractual rights; or
  • needed to maintain adequate and accurate business and financial records.

If you have any questions about the security or retention of your personal data, you can contact us at thelomaxway@lomaxpt.com.

Changes in our Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.

10. Entire Agreement
These terms of use supersede all prior agreements, arrangements and statements (except for those for which liability is not excluded) between us with respect to your use of this site and constitute the entire agreement between us relating to the same.

11. Severability
If one or more of the provisions of these terms of use are at any time found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms of use. These terms of use shall be deemed amended by modifying or severing such provisions as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable which materially gives effect to their intent. Any invalid or unenforceable provision or provisions shall be severable from these terms of use so that the validity or enforceability of their remaining provisions, or the validity of the provision(s) in question in any other jurisdiction shall not be affected.

12. Rights of Third Parties
No one other than you and us will have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms of use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee.

13. About Us
This site is made available to you by Lomax Bespoke Health Ltd

Registered Office:
Lomax Bespoke Health Ltd
293 Fulham Road
London
SW10 9PZ

Tel: 08715 120 770
Company No.6545450

14. Contact Us
You can contact us by writing to us or by telephone or email:

Lomax Bespoke Health Ltd
293 Fulham Road
London
SW10 9PZ

Tel: 08715 120 770
Email: thelomaxway@lomaxpt.com

15. Governing Law
Use of this site and the Service is governed by English law, and you irrevocably agree to submit any claim or dispute arising in relation to, out of, or in connection with this site (and any use you make of it or the Service and/or opportunities offered through it) to the non-exclusive jurisdiction of the English courts.

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