1. Who we are and purposes of the terms of use

These terms of use (“Terms”) govern your access to and use of the websites operated by the Tribute Brands group, including:

• tribute-brands.com
• trib3.co.uk
• pilat3s.com

together with any related microsites, pages or content we control (collectively, the “Website”).

In these Terms, “we”, “us” and “our” mean Tribute Brands B.V. and any other entity that operates or manages the relevant brand or website (including, where applicable, Tribute Franchise Services S.L. and other PILAT3S or TRIB3 related entities), together with their officers, directors, employees and authorised representatives, and “you” means any person accessing or using the Website.

By using the Website, you agree to these Terms. If you do not agree, you must not use the Website.

 

2. Other terms that apply

The following additional terms also apply to your use of the Website:

• Our Privacy Policy, which explains how we collect and use your personal data.
• Our Cookie Policy, which sets out information about the cookies and similar technologies we use.
• Any form-specific terms that appear next to or above a web form (for example franchise enquiry forms, contact forms, newsletter sign-ups, etc). Those apply in addition to these Terms.

If there is any conflict between these Terms and any form-specific terms, the form-specific terms will prevail for that particular form.

 

3. Changes to these Terms and to the Website

We may update these Terms from time to time by posting a new version on the Website. If we make material changes, we will take reasonable steps to notify you (for example by a notice on the Website).

Your continued use of the Website after the Terms have been updated means you agree to the revised Terms.

We may also update or change the Website content at any time. While we try to keep information accurate and up to date, we are under no obligation to do so, and the Website may not always be up to date.

 

4. Availability of the Website

We provide the Website on an “as is” and “as available” basis.

• We do not guarantee that the Website, or any content on it, will always be available, uninterrupted, secure, error-free or free from bugs or viruses.
• We may suspend, withdraw, discontinue or change all or any part of the Website without notice (for example for maintenance, security or business reasons).
• We are not responsible for any loss or damage you may suffer as a result of any unavailability or interruption of the Website, to the extent permitted by law.

5. Your account (if applicable)

Some parts of the Website may require you to create an account or login.

• You must keep your login details confidential and not share them with anyone else.
• You are responsible for all activity that occurs under your account.
• You must tell us immediately if you suspect your account has been compromised.

We may suspend or close your account at any time if we reasonably believe you have breached these Terms or for security or legal reasons.

 

6. How you may use the Website

You may use the Website only for lawful purposes and in accordance with these Terms.

You must not:

• Use the Website in any way that breaches any applicable local, national or international law or regulation.
• Use the Website in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Upload, post, submit or transmit any material that is defamatory, obscene, offensive, hateful, discriminatory, threatening, harassing, misleading, invasive of privacy, or otherwise objectionable.
• Upload or transmit viruses, malware, spyware, trojans, worms, logic bombs or any other harmful or malicious code or material.
• Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Use any automated system, including “robots”, “spiders” or “offline readers”, to access the Website in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.
• Copy, scrape, reproduce, distribute, publicly display, or create derivative works from the Website content except as expressly permitted in these Terms.

7. Intellectual property rights

All intellectual property rights in the Website and its content (including text, images, graphics, logos, videos, page layout, software and underlying code) are owned by us or our licensors. All rights are reserved.

You may:

• View pages from the Website in a browser.
• Print or download extracts for your personal, non-commercial use and for reference within your business (for example to consider becoming a franchisee or customer), provided that:
  • you do not modify the content in any way;
  • you do not remove any copyright, trade mark or other proprietary notices; and
  • you do not use any content separately from the accompanying text or context.

You must not use any part of the Website content for commercial purposes without obtaining a licence to do so from us or our licensors.

Our trade marks, logos and trade names (including TRIB3, PILAT3S and any related marks) are protected. You may not use them without our prior written consent.

 

8. User-generated content

Certain parts of the Website may allow you to upload or submit content, such as comments, reviews, messages or other materials (“User Content”).

By submitting User Content, you:

• Confirm that it is your own original work, or that you have obtained all necessary rights and permissions to submit it and grant the licence below.
• Grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, copy, reproduce, modify, adapt, publish, translate, distribute and display that User Content in connection with the Website, our business and our marketing (including on social media), in any media now known or later developed.
• Agree that we may edit or remove your User Content at our discretion, for example if we consider it unlawful or inappropriate.

You are solely responsible for your User Content. We are not responsible, or liable to you or any third party, for the content or accuracy of User Content posted by you or any other user.

Our handling of personal data contained in User Content is governed by our Privacy Policy.

 

9. Feedback and improvements

If you provide us with any suggestions, ideas, feedback or other input about the Website or our services (“Feedback”), you agree that:

• We may use and exploit that Feedback without restriction and without any obligation to compensate you.
• All intellectual property rights in any improvements or developments arising from your Feedback will belong to us.

10. Information only – no advice or reliance

The content on the Website is for general information only.

• It does not constitute legal, financial, tax, investment, medical or other professional advice.
• It does not constitute an offer to sell or a solicitation of an offer to buy any franchise, product or service in any jurisdiction where such offer or solicitation would be unlawful.
• Any information about our franchise opportunities is subject to the laws and regulations of the relevant jurisdiction and to formal franchise documentation.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of content on the Website.

Although we make reasonable efforts to ensure that the information on the Website is accurate, complete and up to date, we make no representations, warranties or guarantees (express or implied) that it is.

 

11. Third-party websites and resources

The Website may contain links to third-party websites or resources that are not operated by us. These links are provided for your information and convenience only.

We have no control over, and are not responsible for, the content, privacy policies or practices of any third-party sites. Following such links is at your own risk.

 

12. Our responsibility to you (limitation of liability)

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. This includes liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; and
• any other liability that cannot be excluded or limited under applicable law.

Subject to the above:

• We are not liable for any loss or damage arising from your use of, or inability to use, the Website, or from any reliance placed on any content on the Website.
• We are not liable for any:
  • loss of profit, revenue, business, contracts or anticipated savings;
  • loss of goodwill or reputation;
  • loss or corruption of data; or
  • indirect or consequential loss or damage,
    in each case whether arising in contract, tort (including negligence), misrepresentation, restitution or otherwise.

If you are a consumer, nothing in these Terms affects any statutory rights you may have under applicable consumer protection laws that cannot be contractually waived.

 

13. Your responsibility to us

You agree to indemnify and hold us and our officers, directors, employees and affiliates harmless from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• your breach of these Terms; or
• your misuse of the Website; or
• your User Content.

This clause does not require you to indemnify us for any matter that results from our own negligence, fraud or wilful misconduct.

 

14. Suspension and termination

We may suspend or terminate your access to all or part of the Website at any time, with or without notice, if:

• we reasonably believe you have breached these Terms;
• we are required to do so by law or by a competent authority; or
• we withdraw or materially change the Website.

Where appropriate, we may give you notice of suspension or termination, but we are not obliged to do so where this would be unlawful or impracticable.

 

15. Survival

Any provisions of these Terms that by their nature are intended to survive termination or expiry (including, without limitation, provisions relating to intellectual property, disclaimers, limitations of liability, indemnity, governing law, jurisdiction, class action waiver, non-reliance and prohibited uses) shall continue in full force and effect after your access to the Website ceases.

 

16. Age Restrictions

You must be at least 16 years old to use our Websites or submit information through any online form. If you are under 18, you may only use the Websites with the consent of a parent or legal guardian. We do not knowingly collect personal data from children, and if we discover that we have inadvertently done so, we will delete such information promptly.

 

17. Export Controls and Restricted Jurisdictions

You agree not to access or use our Websites in any manner that would cause Tribute Brands or any of its group companies to violate applicable export control, sanctions, or trade compliance laws (including those of the UK, EU, US, and UN). We may restrict access from certain countries or regions at our discretion. You represent that you are not located in, or ordinarily resident in, any jurisdiction that is subject to comprehensive sanctions or government embargoes.

 

18. No Franchise Offer or Regulated Disclosure

Nothing on our Websites constitutes an offer to sell a franchise, nor does it constitute a disclosure document, prospectus, or other regulated offering. Any franchise or licensing opportunity is subject to separate legal documentation and may not be available in certain jurisdictions. No statement on the Websites should be relied upon as a representation that a franchise will be granted or that any information is complete.

 

19. Geographical Restrictions

We may limit the availability of our Websites, content, or online forms to any person or geographic area at any time. Accessing the Websites from territories where the content or activities are unlawful is prohibited. We reserve the right to block IP addresses, restrict access, or disable certain features at our discretion.

 

20. Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms where such failure results from events, circumstances, or causes beyond our reasonable control, including but not limited to power outages, hosting failures, cyber-attacks, epidemic, war, civil unrest, labour disputes, or governmental actions.

 

21. Copyright Complaints and Notice-and-Takedown

If you believe that any content on our Websites infringes your intellectual property rights, please notify us in writing with the following:
• your contact details;
• a description of the allegedly infringing material;
• the URL where it appears;
• a statement that you believe in good faith that the use is unauthorised; and
• a statement that the information in your notice is accurate.

Upon receiving a complete notice, we will investigate and, where appropriate, remove or disable access to the infringing content. We may notify the user who uploaded the content and provide them with an opportunity to respond.

 

22. Automated Access and Data Mining

You must not:
• access the Websites using any automated tool, bot, crawler, scraper, spider, script, or similar technology;
• collect or harvest any data from the Websites, including through data mining, extraction, or scraping;
• create, train, or improve any artificial intelligence or machine learning model using any content from the Websites; or
• reproduce, frame, or deep-link to any page or content in a manner that misrepresents your relationship with us.

We may block automated access or take technical measures to prevent unauthorised data collection.

 

23. Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Website. They supersede all prior or contemporaneous communications, representations or agreements, whether oral or written.

 

24. Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and if such modification is not possible, the relevant provision shall be deemed deleted. This shall not affect the validity and enforceability of the remaining provisions.

 

25. Assignment

We may transfer, assign, novate or otherwise deal with our rights and obligations under these Terms at any time. You may not assign, transfer or delegate any of your rights or obligations under these Terms without our prior written consent.

 

26. Waiver

No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy prevent any further exercise of that right or any other right or remedy.

 

27. Class Action Waiver

To the maximum extent permitted by applicable law, you agree that any dispute, claim or controversy arising out of or relating to these Terms or your use of the Website shall be resolved only on an individual basis. You agree not to participate in any class, collective, consolidated or representative action against us.

If this clause is found unenforceable in relation to a particular claim, then that claim must be severed and resolved in a court of competent jurisdiction, and not through class or representative proceedings.

 

28. Third-Party Rights

Except as expressly stated otherwise, no person other than you and us has any rights under these Terms.

 

29. Accuracy of Third-Party Information

Certain information displayed on the Website, such as studio schedules, instructor availability, pricing, class descriptions, booking details, or local promotions, may be provided by third parties or integrated third-party systems. We do not verify, monitor or guarantee the accuracy, completeness or timeliness of such information.

You acknowledge that any reliance on third-party information is at your own risk, and we are not liable for any loss or damage arising from inaccuracies or changes in such information.

 

30. Prohibited Competitive Use

You must not access or use the Website to:

• conduct competitive analysis or benchmarking of our business, franchise system, pricing, brand assets, methods, or operational data;
• gather market intelligence for the benefit of a competing business;
• monitor or analyse our franchise expansion, studio locations, business model, or strategic information;
• reverse engineer, decompile or extract any underlying business logic, structure, or methodology from the Website;
• scrape, harvest, mine or extract data (including franchise leads, contacts, brand materials or operational data) for commercial or competitive purposes.

We reserve the right to take technical, legal and organisational measures to prevent and respond to unauthorised competitive intelligence gathering.

 

31. Translations

These Terms are drafted in English. Any translations of these Terms or the Website content are provided for convenience only and may not be fully accurate or up to date. In the event of any inconsistency between the English version and a translated version, the English version shall prevail to the fullest extent permitted by law.

 

32. Non-Reliance

You agree that you have not relied on, and shall have no remedy in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) made or given by or on behalf of us that is not expressly set out in these Terms. Nothing in this clause limits or excludes liability for fraud.

 

33. Security

We use reasonable technical and organisational measures to safeguard the Website and your information. However, no system is completely secure, and we cannot guarantee that the Website will be free from vulnerabilities, viruses or cyber-attacks. You are responsible for configuring your devices, software and information technology to access the Website securely.

We are not liable for any loss or damage caused by such security breaches, or if technologically harmful material infects your device, software, data or other proprietary material due to your use of the Website or your downloading of any content.

 

34. Website Changes

We may suspend, withdraw, discontinue or modify any part of the Website without notice for operational, regulatory, legal or security reasons. We will not be liable to you for any such suspension or modification.

 

35. Beta Features

Occasionally, we may release new, experimental or beta features on the Website. Such features are provided on an “as is” basis, may contain errors or interruptions, may be withdrawn at any time, and are used at your own risk.

 

36. Regulatory Restrictions

Certain jurisdictions regulate the marketing, offer and sale of franchises, licences or similar commercial arrangements. Nothing on the Website is directed to any jurisdiction where it would be unlawful or where we are not authorised to make such communications. We reserve the right to decline enquiries or submissions from such jurisdictions.

 

37. Marketing Communications

If you provide us with your contact details, you may receive marketing communications where permitted by law. You can opt out at any time by using the unsubscribe link in our emails or by contacting us. Full details are set out in our Privacy Policy.

 

38. Content Removal

We may remove or disable access to any content on the Website at our discretion, for example where we consider it unlawful, misleading, harmful, or in breach of these Terms.

 

39. Reservation of Rights

All rights not expressly granted in these Terms are reserved. No licence or right is granted to you by implication, estoppel or otherwise.

 

40. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of Spain, without regard to conflict-of-laws principles.

You agree that the courts of Barcelona, Spain shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or the Website.

Notwithstanding the foregoing, we reserve the right to bring proceedings against you in any court of competent jurisdiction, including in your country of residence.

 

41. Language

These Terms are drafted in English. If they are translated into any other language, the English version shall prevail to the extent of any inconsistency.

 

42. Contact us

If you have any questions about these Terms or the Website, please contact us at:

Email:
[email protected]

Postal address:
Tribute Brands International Head Office
Praceta Professor Alfredo de Sousa 8
1495-241 Algés, Portugal