TERMS AND CONDITIONS
These Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained here on this webpage, shall govern your use of this website.
These Terms apply in full force and effect to your use of this Website and by using this Site you accept all terms and conditions in full. You must not use https://fitnesschat.co/ if you have any objection to any of these Website Standard Terms and Conditions.
You should consult your physician or other healthcare professional before starting any other fitness or weight loss program suggested on Fitness Chat.
Do not start any fitness program if you or (any family member):
- Have a history of high blood pressure or heart disease
- If you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity
- have high cholesterol,
- Are obese
- Have a bone or joint problem that could be made worse by a change in physical activity.
If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
DIGITAL PRODUCT AGREEMENT
This Agreement (“Agreement”) is made effective by and between Fitness Chat (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital product from Fitness Chat’s online shop (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
Digital Product Usage
After purchasing the digital product, Client will be given access to the product materials in within [24hours] through a download delivered in his/her email. Client will have lifetime access to the materials so long as the product(s) is/are available.
Company hereby grants to Client one (1) exclusive, non-sub licensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the Product.
Client may use the Product for his/her own personal use and may modify the language as he/she sees fit. Client is not obligated to tag or give credit to Company for the copy in the Product he/she uses, posts, or shares.
Fees & Payment Processing
In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances.
By purchasing the Product, the Client will be asked to provide personal information including his/her name, email address, mailing and billing address. The client agrees to allow the Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
Upon delivery of the digital product to Client, Company hereby transfers and assigns to Client all copyrights regarding the Product.
Warranties and Liability
Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.
Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that:
▪ Every client and final result using the Product is different;
▪ The Product is intended for a mass audience.
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
Venue and Jurisdiction
The laws of the South Africa shall govern this contract, and any resulting arbitration shall take place within Pretoria, South Africa. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Pretoria, South Africa unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
INTELLECTUAL PROPERTY RIGHTS
Other than content you own, which you may have chosen to include on this Website, Fitness Chat and/or its licensors own all rights to the intellectual property and material contained in this Website. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on https://fitnesschat.co/.
You are expressly and emphatically restricted from all of the following:
- Republishing material from https://fitnesschat.co/
- Selling, renting or sub-licensing material from https://fitnesschat.co/
- Reproducing, duplicating or copying material from https://fitnesschat.co/
All content provided on this blog is for informational purposes only. Fitness Chat makes no express or implied warranties or representations makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. These terms and conditions of use are subject to change at any time and without notice.
LIMITATION OF LIABILITY
Under no circumstances shall Fitness Chat, or any of its officers, directors and employees, be liable to you for anything resulting from or connected to your use of this Website. Fitness Chat, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability resulting from or in any way related to your use of this Website.
Should any provision of these Terms be found to be unenforceable or invalid under any applicable law, the unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Any such provisions shall be deleted without affecting the remaining provisions contained herein.
VARIATION OF TERMS
These Terms may be revised at any time Fitness Chat sees fit, and you are expected to review such terms on a regular basis to ensure your understanding of all terms and conditions governing the use of this Website. Revise the updated date at the bottom of this page. By using this Website you are acknowledging your responsibility to do so.
These Terms, including any legal notices and disclaimers contained on this site, constitute the entire agreement between Fitness Chat and you with regards to your use of this Website and replace all prior agreements and understandings with respect to the same.