USERS’ TERMS AND CONDITIONS – WWW.FITLOV.COM
Last updated on 23 August 2022
TERMS OF USE OF THE “FITLOV” WEBSITE, WWW.FITLOV.COM, OTHER “FITLOV” WEBSITES, ONLINE LOCATIONS AND MOBILE APPLICATIONS, AS APPLICABLE (collectively the “Sites”)
Please read these Terms carefully before downloading the App and/or using the FITLOV Service or Website. By accessing the App and/or the Website, you are agreeing to comply with these Terms (which shall include any App Store Rules (as defined below).
Please note: You must be aged 18 or over to use the App, Website and the Fitlov Service. If you are under 18 or if you do not agree to these Terms, please do not use the App or Website or register as a user of the Fitlov Service. If you invite other people to train with you then you are responsible for ensuring that they are aged 18 or over.
INTRODUCTION AND ABOUT US
FITLOV provides an online marketplace through the Sites that connects independent personal trainers, fitness experts and other nutrition and wellness professionals (collectively the “Trainers”), who offer sessions of any kind including but not limited to personal training, strength/bodybuilding,, swimming, boxing/kickboxing & MMA, pilates, circuit training/bootcamp, calisthenics, zumba, self-defense, cardio training, flexibility & mobility, functional training and yoga, pre & post-natal, nutrition coaching to name a few, (each, a “Session”) with clients who seek to schedule Sessions with Trainers (a “Client” or “Clients”), a platform for Trainers to list information about themselves and the Sessions they offer and for Clients to schedule and pay for Sessions and other services offered by FITLOV through the Sites (collectively, the “FITLOV Services”).
In using the Sites, you are deemed to have read and accepted the following terms and conditions:
The Sites are operated by FITLOV APP DMCC, a free zone limited liability company duly incorporated with the Dubai Creative Clusters Authority, Dubai, United Arab Emirates, with license number 94526 and with its registered address located at In5 Tech, Dubai, United Arab Emirates (hereinafter referred to as “FITLOV”, “us”, “we”, “our”).
Any reference to FITLOV shall include Fitlov Holding LLC, and/or, as the case may be, any of their owners, directors, affiliates, subsidiaries, suppliers and sub-contractors.
The Sites are provided to you for your personal use, subject to these terms and conditions, and any other rules posted on the Sites (including but not limited to the Privacy Policy) (collectively the “Terms and Conditions”).
By visiting the Sites, you agree to be bound by, consent to comply with, and consent to the practices described in, these Terms and Conditions, which govern your access and use and browsing of the Sites and all content, features and functionalities available on the Sites (or any of our other websites, applications, content, products, services and related micro-sites accessed through the URL www.fitlov.com and any related domain names), of Our Content and of the FITLOV Services (collectively the “FITLOV Platform”).
If you wish to access, use or browse of the FITLOV Platform or any part thereof, you must read and agree to be bound by our policies relating to the FITLOV Platform, whether you are a trainer, a client or any other individual, with or without the intention of using the FITLOV Services. In particular, your attention is drawn to our policies relating to the terms of use of the FITLOV Platform, the terms of purchase of the FITLOV Services and our Privacy Policy. If you are aged under 18, you must let your parent or guardian know about our Privacy Policy before you register to use the FITLOV Platform including any of the FITLOV Services.
If you accept or agree to these Terms and Conditions on behalf of a company, legal entity, association, partnership, or other entity (“Entity”), you represent and warrant that you have the authority to bind that Entity to these Terms and Conditions, and, in such event, “you” or “your” will refer and apply to that Entity. Even if you are using the FITLOV Platform or the FITLOV Services on behalf of an Entity, you agree that these Terms and Conditions and the Privacy Policy bind you, as an individual.
We grant you a non-transferable and revocable personal license to use the software that is provided to you by us as part of the Sites, for the sole purpose of enabling you to use and enjoy the benefits of the FITLOV Platform, in the manner permitted by the Terms and Conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in writing and in advance. Any breach to these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you, and without prejudice to any other rights of FITLOV, in addition to any other remedy available to us under these Terms and Conditions.
2 REGISTRATION
Certain Sites services and related features, such as but not limited to, newsletters, that may be made available on the FITLOV Platform may require registration or subscription to enable your use of them. In addition, prior to using the FITLOV Services, you must register an account that will be linked to your email and phone number (“Account”).
You agree to follow the on-screen instructions, and to complete the applicable forms and input information requested in connection with any registration process. You represent and warrant that the information you provide in connection with any registration process or as otherwise requested for the Account or in connection with your use of the FITLOV Services will at all times be accurate, truthful, current and complete; and you agree to promptly update such information in case of any changes.
We may change our registration or subscription requirements from time to time. As a user of the FITLOV Platform, you are solely responsible for keeping passwords and other account identifiers safe and secure, and you agree to take all reasonable and appropriate security measures to prevent any unauthorized access or use of the Account or other breach of security relating to the FITLOV Platform or data accessible through the Account. Without limiting the foregoing, you are fully responsible for all statements made and acts or omissions that occur while your Account password is being used, whether by you or third parties. Furthermore, you must notify us immediately of any unauthorized use of your password or Account.
FITLOV is authorized to act on instructions or information received through use of any Account and shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this paragraph. You are solely responsible to keep backups of any content that you do not want deleted, modified or removed from your Account. You may be liable for our losses or others due to any unauthorized use under this paragraph.
Please refer to our Privacy Policy information about how we use your data.
THE FITLOV PLATFORM FEATURES
FITLOV is the sole owner or licensee, as applicable, of its content and may make changes to all content available on or through the FITLOV Platform including, without limitation, text, brands, photographs, documents, graphics, audio, videos, logos, icons, images, media, data, charts, maps, software and other information and materials ideas, proposals, concepts, content, materials, works and deliverables (collectively, the “FITLOV Content”), services or features of the FITLOV Platform, and any other aspect of the FITLOV Platform or any part or any of the foregoing, at any time.
The FITLOV Platform may also include features that enable you to send information, materials, emails and other types of messages or notices to FITLOV or to others users of the FITLOV Platform, create a profile in connection with your Account accessible to other users of the FITLOV Platform or the public, submit reviews, opinions, biographical information and other content that others may be able to access or view, or to make other information, materials or submissions available on or through the FITLOV Platform.
You are responsible for your use of the FITLOV Platform, for any information, text, graphics, photos, or other materials, which you upload or post to the FITLOV Platform (collectively “Your Content”), and for any consequences thereof. Most content you submit, post, or display through the FITLOV Platform is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide content that you are comfortable sharing with others under these Terms and Conditions.
When posting Your Content, you agree not to make comments that are not factual in nature including without limitation making any racist and homophobic comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. We may not monitor or control Your Content and, we cannot take responsibility for Your Content. Any use or reliance on Your Content, or content provided by any party other than FITLOV (such as other users) (“Other Content”) or obtained by you through the FITLOV Platform is at your own risk.
Your Content may be moderated and may take up to 48 hours to be displayed but FITLOV does not commit to checking all Your Content or Other Content and will not be liable for the same. If you have a complaint about any posts, please contact our Customer Service. FITLOV reserves the right, in its sole discretion, not to publish or to remove any Your Content or Other Content that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data or improperly uses the medium for promoting and advertising businesses.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of Other Content or endorse any opinions expressed via the FITLOV Platform. You understand that by using the FITLOV Platform, you may be exposed to Other Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any of Your Content or Other Content, including, but not limited to, any errors or omissions in Your Content or Other Content, or any loss or damage of any kind incurred as a result of the use of Your Content or Other Content posted, emailed, transmitted or otherwise made available via the FITLOV Platformor broadcast elsewhere.
You retain your rights to Your Content. By submitting, posting or displaying Your Content on or through the FITLOV Platform, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for FITLOV to provide, promote, and improve the FITLOV Servicesand to make Your Content available to other companies, organizations or individuals who partner with FITLOV for the syndication, broadcast, distribution or publication of Your Content on other media and services, subject to our terms and conditions for Your Content use. Such additional uses by FITLOV, or other companies, organizations or individuals who partner with FITLOV, may be made with no compensation paid to you with respect to Your Content.
We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Content, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of FITLOV, its users and the public.
You may not do any of the following while accessing or using the FITLOV Platform: (i) access, tamper with, or use non-public areas of the Sites, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the FITLOV Platform by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the Terms and Conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the FITLOV Platformto send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Sites, or by scripting the creation of Your Content in such a manner as to interfere with or create an undue burden on the Sites.
3 ELIGIBILITY
The purchase of the FITLOV Services through the FITLOV Platforms is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the United Arab Emirates.
In order to make purchases on the FITLOV Platform, you will need to provide your personal details, including your real first and last name, valid e-mail address, payment details, valid billing address and other requested information as indicated. You represent and warrant that the payment details you provide are valid, complete, and correct and confirm that you are the person referred to in the billing information provided.
The FITLOV Services are only available to persons who meet FITLOV terms of eligibility, those who hold a valid credit/debit card by a bank acceptable to FITLOV, and those who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the FITLOV Services. The FITLOV Services purchased are for personal or gift use only and shall not be re-sold, used for commercial purposes or for any other commercial benefit. FITLOV reserves the right to restrict purchase of the FITLOV Services to any customer, at its own discretion.
By wishing to purchase the FITLOV Services, you expressly authorize FITLOV to perform credit checks and to transmit or obtain your credit/debit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, validate your credit/debit card, obtain an initial credit/debit card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for information about how we use your data.
4 PERMITTED USE OF THE FITLOV PLATFORM
The FITLOV Platform and the FITLOVcontent are made available for your personal, noncommercial use, provided that Trainers may use the FITLOV Platform to promote services that they perform at Sessions, so long as the Trainer is in full compliance with these Terms and Conditions and the Trainer’s terms of conditions.
You agree to abide by any posted limitations relating to use, reproduction or dissemination of any content. Any use of the FITLOV Platform, including, without limitation, the Sites, the FITLOV content or any part of any of the foregoing, in any way not expressly permitted by these Terms and Conditions is prohibited, and may be actionable under the law.
The FITLOV Platform is controlled within the United Arab Emirates. Those who choose to access the FITLOV Platform from locations outside of the United Arab Emirates do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.
FITLOV reserves the right to limit the availability of the FITLOV Platform for any person, geographic area, or jurisdiction at any time in its sole discretion.
You understand and agree that FITLOV may discontinue or restrict your use of all or any part of the FITLOV Platform at any time for any reason or no reason and with or without notice.
5 PRIVACY POLICY
We are committed to protecting your privacy. We constantly review our systems and data to ensure the best possible service to our customers. See our full Privacy Policy.
6 THE FITLOV SERVICES – TERMS OF USE FOR CLIENTS
When registering your Account, you may be requested to answer several questions on your physical composition (weight, height,…), your preferred Sessions and most importantly, your desired results by using the FITLOV Services. These questions will only enable us to help you achieve your goal.
To enjoy the full benefits of the FITLOV Services, including, without limitation, to schedule and perform a Workout, you must purchase sessions in advance (each a “Session”), which shall be accumulated in your Account.
The Clients may have the option to purchase, schedule and pay for packages of Sessions that can be used across multiple Trainers.
Once you have purchased Sessions, you will be able to select your type of service, the chosen trainer and the available timeslots. You will be required to schedule and use all the Sessions within Fitlov App, unless otherwise provided under these Terms and Conditions.
Although the preferred option is for you to retain the same Trainer during your entire FITLOV experience, we understand that you may require an alternative Trainer, for personal or other reasons. You are in no way obligated to retain such Trainer and you can change him/her at any time, subject to the cancellation policy.
Upon availability, you may schedule any Workout with Trainers, at any time. When scheduling a Workout you will be asked to specify the following (“Workout Selection”): (a) a class type for your Workout (e.g., boxing, yoga, pre/post-natal, pilates, etc.), (b) the date and time for your Workout (“Workout Time”), (c) whether more than one (1) person will join the Workout (in addition to the Trainer) (“Workout Participants”), provided that no more than three(3) people may participate in a Workout; (d) a Trainer for your Workout; and (e) the location where your Workout will take place (“Workout Location”).
After submitting your Workout Selection, the Trainer you selected will be notified of your selections and will have the option of accepting or denying the Workout. If the Trainer agrees to the Workout, you will receive a notification of the Trainer’s acceptance (“Trainer’s Acceptance”). If the Trainer you select is not available or does not agree to the Workout, FITLOV will select another Trainer and upon the replacement Trainer’s Acceptance, will send you an email regarding the change in Trainer and the replacement Trainer’s Acceptance. If you do not cancel your Workout, your Workout will remain scheduled with the replacement Trainer.
The Client agrees, and shall cause each Workout Participant in a Session scheduled by the Client to agree, to be bound by all obligations and all terms and conditions that apply to the Client under these Terms and Conditions, provided that only the Client will have the obligation to make payments for the Session and only the Client will have the right to schedule and cancel Sessions or cancel the Client’s subscription. The Client acknowledges and agrees that only individuals who agree to the foregoing may participate in Workout. The Client shall be fully responsible and liable for each Workout Participant’s breach of these Terms and Conditions. The Client agrees that upon request, the Client shall disclose to FITLOV the name and contact information for each Workout Participant. The Client shall immediately notify FITLOV if the Client becomes aware of any breach of these Terms and Conditions by Client or any Workout Participant or Trainer.
As part of your Workout Selection, you also may have the option to provide the Trainer with additional information, such as preferences for your Workout.
(a)Workout Location
For any Session,whether Option 1 or Option 2, you may select either the location of your choice for the Workout (“Self-Selected Workout Location”) or a FITLOV partnered gym, subject to additional fees.
If you select a Self-Selected Workout Location, you will be responsible for arranging and ensuring access to the Trainer and you represent and warrant that Self-Selected Workout Location is a safe and suitable location for the Workout and you or the other Workout Participants are authorized to host the Workout in such location.
FITLOV itself is not a gym, fitness studio or service provider and does not own, operate or control any of the classes, services or facilities accessible through the Sites.
FITLOV will store a record of your transactions for a minimum of 1 (one) year.
7 PRICES AND PAYMENT POLICY
Pricing is fixed as determined by FITLOV from time to time. These may vary based on the type of Sessions selected. Furthermore, discounted rates may apply if the Client on a case by case basis.
The pricesfor the FITLOV Services on the FITLOV Platform are shown in United Arab Emirates Dirhams (AED) and are exclusive of any applicable taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all taxes, levies, or duties associated with his or her purchases made in connection with the FITLOV Platform, if applicable.
Free Trials: Your use of the FITLOV Services may start with a free trial. The free trial consists of [one] Session, free of charge. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. FITLOV reserves the right, in its absolute discretion, to determine your free trial eligibility.
You also may be charged additional fees forSessions that consist of more than one participant (apart from the Trainer). The fees for the Sessions that you select, as well as additional fees described in the preceding sentence, will be displayed when you checkout (collectively, the “Fees”).
Increase of Fees: FITLOV may increase any Fees at any time, with at least thirty (30) days’ notice to the Client, provided thatany increase in Fees will not impact Sessions that are already scheduled and paid for. Notice of any increase in Fees will be provided to you via an email address associated with the Account.
We accept the following forms of payment:
– credit/debit card: VISA-MASTERCARD
All credit/debit card payments are subject to validation checks and authorization by the issuer. If the issuer of the credit/debit card refuses to authorize payment, we will not be liable for any finance charges. We will cancel your purchase and contact you for an alternative method of payment.
The details on the credit/debit card used to make the payment must match the exact ID information of the cardholder as held by the issuer. Payment will be debited and cleared from your account upon clearance from the card issuer. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it.
You authorize FITLOV to charge your credit card, debit card or other payment method on file in the Account and to collect payment through such method for any and all Fees as they become due and payable. For all Packages, all Fees shall be automatically charged to the credit/debit card on file. If you desire to designate a different payment method to be charged for future Fees, or there is a change in validity or details with respect to such payment method, you shall update the Account promptly.
You may have the option to split the Fees for a specific Workout with other Workout Participants through the FITLOV Platform. You may not request that someone without a FITLOV Account split the Fees for a Workout with you.
If you are a Client whose credit/debit card is not denominated in United Arab Emirates Dirhams, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
No credit/debit cards’ details will be stored, sold, shared, rented or leased to any third parties except by our online payment gateway service provider.
You will however retain a copy of all transaction in your records.
We take reasonable care to make the Sites secure. Rest assured that your card number will be protected using SSL (Secure Socket Layer). SSL is a security technology that encrypts your card details and provides a secure connection between Internet browsers and websites, allowing you to transmit private data online. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or purchasing from the FITLOV Platform.
8 CANCELLATION, RETURN & EXCHANGE POLICY
It is our intention to ensure our customers are satisfied with their purchases of the FITLOV Services from us.
We fully understand that sometimes you might change your mind or be faced with last minute changes regarding your Workout. If you change your mind before receiving the Workout,we will use all reasonable endeavors to cancel the Workout and refund the Session into your Account so that you can use your session later on.
8.1 Cancellation of a Workout by the Client
You may cancel any scheduled Workout through the Account.
If you cancel a Workout you scheduled, you will only be entitled to a full credit of the Session for the canceled Workout, if the Workout was canceled at least six(6) working hours prior to the scheduled Workout. Working hours are defined from 6:00 am to 9:00 pm.
For any cancellation within less than six(6) working hours before the Workout, the Client receives no credit.
In any event, the credit will appear as Session in the Client’s Account, within twenty-four (24) hours of such cancellation.
At FITLOV’s discretion, pro rata refunds or credits may be granted in extenuating circumstances for Sessions that you did not receive, (i) as a result of specific refund guarantee promotion, to correct any errors made by FITLOV, or (ii) in the event that FITLOV permanently terminates or ceases to offer the FITLOV Services or (iii) terminates your access to the FITLOV Services for any reason other than your breach of these Terms and Conditions.
Other than pursuant to the above, all Fees paid to FITLOV are non-refundable/non-creditable.
8.2 Cancellation of a Workout by a Trainer
In the event that a Trainer cancels a Workout, at any time, the Client(s) signed up for the Workout shall be entitled to a full refund of credits for the canceled Workout or to a substitute Workout with the Session.
In such case, the Trainer will, with the full extent of its ability, appoint a substitute instructor for the Session or cancel the Session. In the event the Trainer does not find a substitute, the Client will see the Session credited in full to it. If the Trainer finds a substitute, the Client will have the right to accept, at its sole discretion, or deny the Trainer and receive the full Session credited to its Account.
All refunds will be made in Session credits into the Client’s Account.
If a Trainer cancels a scheduled Workout, you may be notified via telephone or email through the telephone number or the email address associated with your Account.
8.3 1-week money-back guarantee
All users that buy a package in Fitlov for the first time have a 1-week time period to request a full refund of unused sessions if not satisfied with the service provided by Fitlov.
8.4 Expiry date
All packages and services purchased on the Fitlov App have an expiry date of 6 months from the day of purchase. It is our intention that our clients have a long time to complete their packages, at the same time our services need to include an expiry date for accounting purposes. All sessions will be automatically expired after 6 months, Fitlov reserves the right to extend the expiry at our full discretion and only in cases related to 1) Fitlov failing to provide the services on time 2) Force-majeure events.
9 Referral Program
You may be able to earn account credit by referring your friends to make a Booking via the App (the “Referral Program”). For each friend you refer to Fitlov for which a Booking is completed, you may be able to receive Fitlov Session Credits. “Fitlov Session Credits” are “points” issued by Fitlovthat may be applied as credits toward future Confirmed Bookings made by you via the App.
Fitlov may suspend or terminate the Referral Program at any time and for any reason. Fitlov will not grant any further Session Credits after the suspension or termination, but you will be able to keep any Session Credits that you have accrued unless you are found to be in breach of these terms, in which case, we may revoke any Session Credits that you have earned.
To receive a Session Credit you must share the referral code with a friend. Your friend then has to create a Fitlovlogin and make a Booking using the App. Once their Booking is confirmed by us and your friend has paid the Service Fee, which is not subsequently cancelled, we will credit your account with a free session. This is known as a “Qualifying Referral”. You may share the referral code using the App (it will offer some options to do it). The time limit for use of the referral code as well as rules of using it together with other promotions may be changed from time to time by Fitlov of which you will be informed by the App.
If the friend you refer creates an account in a country outside of the United Arab Emirates you will earn credit in the currency of that country. Session Credits may not be transferred or exchanged for any cash or money. Credits earned in each currency will accrue separately and credits earned in one currency cannot be converted into any other currency. Except as explicitly provided in these Terms and Conditions, Session Credits are non-transferable.
The referral [code/link] should only be shared with your friends and should only be used for personal and non-commercial purposes. You are not permitted to publish or distribute the [code/link] on platforms or media where you are a contributor but not the primary content owner (such as Wikipedia, coupon websites or Reddit).
Any Session Credits that you earn will be shown in your Fitlovaccount in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Session Credits you earn will be shown [where in the app/Login page]. Session Credits can be accrued solely by you and you may not earn credits by permitting another individual to use your Fitlovaccount. Session Credits accrued in multiple Fitlovaccounts may not be combined into one Fitlovaccount. You may not earn Session Credits by creating multiple Fitlovaccounts. You are responsible for keeping track of the Session Credits in your account.
Free sessions cannot be carried over and will expire 30 days from the date they were issued.
10 Competitions and Promotional Offers
From time to time we may offer you the chance to enter competitions or take up certain promotional offers. We will alert you to any additional terms which apply to such competitions or promotions at the relevant time.
11 THE FITLOV SERVICES – TERMS OF USE FOR TRAINERS
In addition to these Terms and Conditions (excluding any sections related to the Clients only), Trainers must agree to the terms and conditions for Trainers prior to offering or accepting any Sessions through the FITLOV Platform. The terms and conditions for Trainers will be available on the Trainer’s page after a trainer applies and is selected to be a Trainer.
12 SERVICES LIABILITY
By purchasing the Sessions, benefiting from the Workout and using the FITLOV Services offered byFITLOV Platform, you acknowledge and agree that FITLOVcarries no liability as to the quality or efficiency of the FITLOV Services or of the Workout,save as described in these Terms and Conditions, and that full liability for the FITLOV Services rests with the Trainers.
YOUR SCHEDULING AND PARTICIPATION IN ANY WORKOUT IS SOLELY AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT FITLOV IS NOT A PARTY TO ANY SESSIONS OR WORKOUT ARRANGEMENTS BETWEEN CLIENTS AND TRAINERS. YOU UNDERSTAND AND AGREE THAT TRAINERS ARE NOT EMPLOYEES, AGENTS, JOINT VENTURERS OR PARTNERS OF FITLOV, UNLESS OTHERWISE INDICATED ON THE FITLOV PLATFORM. THE FITLOV PLATFORM SOLELY OFFERS A PLATFORM FOR TRAINERS AND CLIENTS TO CONNECT WITH ONE ANOTHER AND FOR CLIENTS TO ENGAGE TRAINERS DIRECTLY. FITLOV DOES NOT HIRE TRAINERS FOR CLIENTS. TRAINERS ACT EXCLUSIVELY ON THEIR OWN BEHALF AND NOT ON BEHALF OF FITLOV. FITLOV MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ENDORSEMENTS AS TO ANY TRAINER OR OTHER THIRD-PARTY PRODUCTS OR SERVICES, THE COMPATIBILITY OF ANY CLIENT WITH ANY TRAINER, OR THE QUALITY, TIMING, LEGALITY OR OTHER ASPECT OF THE SERVICES OR PRODUCTS OFFERED OR DELIVERED BY TRAINERS, OR OTHERWISE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE FITLOV PLATFORM. FITLOV MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO AMOUNTS TRAINERS MAY EARN THROUGH THE FITLOV PLATFORM, THE CONDUCT OF ANY CLIENT OR WORKOUT PARTICIPANT, THE SAFETY OR SUITABILITY OF ANY WORKOUT LOCATION, OR CLIENT OR TRAINER CANCELING ANY WORKOUT.
13 LIMITATIONS IN THE USE OF THE FITLOV PLATFORM
You are responsible for your use of the FITLOV Platform. You agree that the following actions, without limitation, are prohibited and constitute a material breach of these Terms and Conditions. This list is not meant to be exhaustive, and FITLOV reserves the right to determine what types of conduct it considers to be inappropriate use of the FITLOV Platform or any part thereof.
In the case of inappropriate use, FITLOV may take such measures as it determines in its sole discretion. By way of example, and not as a limitation, you agree that you will not:
- use the FITLOV Services for any purpose other than obtaining or offering personal training and fitness services via Sessions; no other services may be obtained or offered in connection with the FITLOV Services;
- schedule a Workout outside of the FITLOV Platform with any Trainer or Client that you were introduced to through the FITLOV Platform;
- pay any Trainer or accept payment from Clients outside of the FITLOV Platform;
- display any disrespectful or inappropriate behavior at any time during any Workout;
- contact a Client if you are a Trainer or contact a Trainer if you are a Client for any reason other than for reasons that pertain to a Session that was scheduled, provided that a Client may only contact a Trainer, and a Trainer may only contact a Client, through text or telephone during the following times: (a) between the hours of 8:00 a.m. and 8:00 p.m. local time, (b) if your Workout is scheduled for a time before 8:00 a.m. local time, on the day of your Workout you may also be contacted before 8:00 a.m. local time, but no earlier than one hour before your scheduled Workout; and (c) if your Workout is scheduled for a time after 8:00 p.m. local time, on the day of your Workout you may also be contacted after 8:00 p.m. local time, but no later than one hour following your scheduled Workout;
- transfer or sell any Sessions; Sessions may not be transferred to other individuals and may not be sold;
- violate any law or regulation or use the FITLOV Platform for any improper purpose or to take any action in violation of any law or regulation;
- violate or infringe any other user of the FITLOV Platform or third party’s intellectual property, privacy, publicity, or other legal or contractual rights;
- use the FITLOV Platform to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission, other than with respect to reviews that you may leave for Trainers or Clients through the FITLOV Platform;
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- transmit any malicious code, computer viruses, cancel bots, Trojan horses, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
- stalk, harass, defame, threaten, or harm another individual;
- impersonate or misrepresent your identity or your affiliation with any person or entity;
- create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of FITLOV;
- use any automated devices, bots, agents, crawl, scraping, scripts, intelligent search or any similar means of access to the FITLOV Content, or Other Content, or other information or materials available through the FITLOV Platform;
- systematically retrieve data, the FITLOV Content or Other Content from the FITLOV Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual or automated methods (although operators of public search engines may use spiders to index materials from the FITLOV Platform for the sole purpose of creating publicly available searchable indices of the materials, and FITLOV reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the FITLOV Platform in a manner that sends more requests to the FITLOV servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- interfere with or damage, or attempt to interfere with or damage, the FITLOV Platform or any functionality thereof, in any way, including, without limitation, by using any device, software or routine or the like, or attempt to access any area of the FITLOV Platform to which your access is not authorized;
- register for more than one Account, register for an Account on behalf of an individual other than yourself, or transfer the Account to another party without our consent;
- use the FITLOV Platform to recruit or otherwise solicit any user to join third party services or websites that are competitive to FITLOV, without FITLOV’s prior written approval;
- use, display, mirror, or frame the FITLOV Platform or any individual element within the FITLOV Platform, FITLOV’s name, any FITLOV trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without FITLOV’s express written consent;
- copy, adapt, modify, prepare derivative works based upon, distribute, aggregate, license, sublicense, sell, resell, transfer, assign, publicly display, publicly perform, transmit, broadcast or otherwise exploit the FITLOV Platform or the FITLOV Content, except as expressly permitted in these Terms;
- access, tamper with, or use non-public areas of the FITLOV Platform, FITLOV’s computer systems, or the technical delivery systems of FITLOV’sproviders;
- falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source;
- attempt to probe, scan, or test the vulnerability of any FITLOV system or network or breach any security or authentication measures;
- access the FITLOV Platform for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes, including, but not limited to, building a competitive product or service;
- take any action that imposes an unreasonable or disproportionately large burden on the FITLOV Platform’s infrastructure or that otherwise may adversely affect performance of the FITLOV Platform or restrict any other user or FITLOV from using or enjoying the FITLOV Platform;
- harvest or otherwise collect information about others, including, without limitation, email addresses or other contact information, without their consent, or hack or violate any security measures of the FITLOV Platform;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FITLOV or any of FITLOV’s providers or any other third party (including another user) to protect the FITLOV Platform;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the FITLOV Platform, except as permitted by applicable law;
- engage in any other action that, in the judgment of FITLOV, exposes it or any third party to potential liability or detriment of any type; or
- cause, advocate, encourage or assist any third party in doing any of the foregoing.
You acknowledge that FITLOV has no obligation to monitor your access to or use of the FITLOV Platform, but has the right to do so for any purpose, in its sole discretion. FITLOV may at its discretion investigate and prosecute violations of these Terms and Conditions to the fullest extent of the law.
14 INTELLECTUAL PROPERTY
All copyright, trademarks, trade names, trade dress, designs, the “look and feel” of the Sites, other intellectual property and material, rights on and relating to the Sites including software and all HTML and other code contained in the Sites, page headers, images, texts, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads and video clips (collectively, the “IP”) are and shall at all times remain vested in Fitlov Holding LLC and/or are the property of its respective owners, and are protected by the United States of America and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our FITLOV Platformfor your personal, non-commercial use only as expressly authorized by FITLOV and/or its third-party licensors provided, however, that you (i) do not modify or alter the IP in any way; and (ii) do not provide or make available the IP to any third party in a commercial manner. You will not acquire any copyright, trademark or other proprietary rights whatsoever in the IP. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the FITLOV Platform or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP or our Sites. The IP may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the IP is strictly prohibited.
FITLOV is the exclusive owner or licensee of the IP (as applicable) and is the exclusive owner of the www.FITLOV.comdomain name.
FITLOV may, in its sole discretion, disable and/or terminate use of the FITLOV Platform by users who infringe the intellectual property of others, including, without limitation, repeat offenders.
15 THE FITLOV CONTENT
We endeavor to provide an accurate description of the FITLOV Services and the Trainers.
FITLOV provides no warranty however as to the accuracy of the FITLOV content on the FITLOV Platform, nor does it warrant that such content is error-free or reliable or that your use of the content will not infringe the rights of third parties. FITLOV does not warrant that the functional aspects of the FITLOV Platform or the FITLOVContent will be error-free or that the Sites, the FITLOVContent, or the server that makes them available are free of viruses or other harmful components. If your use of the same results in any damage or the need for servicing or replacing property, material, equipment, or data, FITLOV is not responsible in any way for those costs. FITLOV makes no warranty regarding any of the FITLOV Platform’s, including the Sites’ content, software, text, downloads, graphics or links, or any results from using the FITLOV Platform and you bear the entire risk of the completeness, accuracy or usefulness of the FITLOV Platform. FITLOV reserves the right to withdraw and/or change any of the FITLOVContent from the FITLOV Platform at any time and for any reason. Removal and/or change may be immediate and without notice. You confirm that FITLOV is not liable to you or any third party for any such withdrawal and/or change.
The personal opinions of the Trainers, or any third parties with whom we are associated are their own and do not necessarily reflect the views of FITLOV and we accept no responsibility for any such views expressed in any media.
16 INDEMNIFICATION
You agree, at our request, to defend, indemnify, and hold harmless FITLOV and its affiliates, including their officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to (a) your breach or violation of any term, condition, obligation, representation, warranty or covenant set forth in these Terms and Conditions, violation of any applicable law or violation of the rights of FITLOV or any third party damaged by your actions or by the actions of anyone else accessing the Account; (b) any information (including your User Content or any other content) that you submit, post, or transmit on or through the FITLOV Platform; or (c) any activity that occurs in connection with use of the Account, your activity and conduct in connection with any Workout, or your dispute with any other user of the FITLOV Platform or with other individuals or entities that you communicate, interact or deal with as a result of your use of the FITLOV Platform, including, but not limited to, Clients, Trainers, and other third parties (each of the foregoing for the purposes of this section, a “Claim”).
FITLOV shall have the unilateral right to undertake the control and defense and settlement or other disposition of any Claim hereunder with counsel of its choice with all attorney fees and costs paid or reimbursed by you on demand, provided however that (i) you at your own expense may participate with FITLOV in the defense of any Claim, and (ii) you shall not stipulate or consent to judgment or settle any Claim without FITLOV’s prior written consent.
You shall provide FITLOV with reasonable cooperation in connection with any such defense. FITLOV reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Terms and Conditions and your use of the FITLOV Platform.
17 AVAILABILITY OF THE FITLOV PLATFORM
You acknowledge that (i) it is technically impossible that the FITLOV Platform will be provided free of defaults and that FITLOV cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the FITLOV Platform, and that (iii) the operation of the FITLOV Platform may be adversely affected by conditions and performances outside FITLOV’s control, such as, for example, transmission and telecommunication links between FITLOV and you and between FITLOV and other systems and networks.
FITLOV may at any time, temporarily or permanently modify or interrupt, all or part of the FITLOV Platform in order to perform maintenance work and/or make improvements and/or changes to the FITLOV Platform. FITLOV is not liable for any modification to or suspension or interruption of the FITLOV Platform.
18 DISCLAIMERS – NO WARRANTIES
THE FITLOV PLATFORMIS PROVIDED BY FITLOV ON AN “AS IS” AND “AS AVAILABLE” BASIS. FITLOV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FITLOV PLATFORM OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE FITLOV PLATFORM. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FITLOV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, REASONABLE CARE AND SKILL OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FITLOV DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE FITLOV PLATFORM. YOU ACKNOWLEDGE, BY YOUR USE OF THE FITLOV PLATFORM, THAT YOUR USE OF THE FITLOV PLATFORMIS AT YOUR SOLE RISK.
NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO BE A REPRESENTATION OR WARRANTY BY FITLOV OR ITS LICENSORS OF THE SAFETY, SUITABILITY, FUNCTIONALITY OR USEFULNESS OF THE FITLOV PLATFORM, ANY WORKOUT, ANY PART OF ANY OF THE FOREGOING, OR THAT ANY DATA IMPLEMENTED OR ACCESSED THROUGH THE FITLOV PLATFORM WILL BE COMPLETE, ACCURATE OR FREE FROM ERRORS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT NONE OF THE FITLOV PARTIES IS RESPONSIBLE FOR OR INDEPENDENTLY VERIFIES ANY USER CONTENT, USER STATEMENTS OR COMMUNICATIONS MADE THROUGH THE FITLOV PLATFORM OR OUTSIDE OF THE FITLOV PLATFORM, OR THIRD-PARTY MATERIALS ACCESSED OR RECEIVED THROUGH THE FITLOV PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FITLOV, THROUGH THE FITLOV PLATFORM OR THROUGH ANY CLIENT, TRAINER, OTHER USER OF THE FITLOV PLATFORM OR ANY OTHER INDIVIDUAL OR ENTITY THAT YOU MAY COMMUNICATE, INTERACT OR DEAL WITH AS A RESULT OF YOUR USE OF THE FITLOV PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS.
YOUR USE OF THE FITLOV PLATFORM AND ANY MATERIAL OR INFORMATION ACCESSED, RECEIVED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FITLOV PLATFORM IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES, DEFINED BELOW, ARISING FROM SAME.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS, INTERACTIONS AND DEALINGS WITH OTHER USERS OF THE FITLOV PLATFORM AND WITH OTHER INDIVIDUALS OR ENTITIES THAT YOU COMMUNICATE, INTERACT OR DEAL WITH THROUGH THE FITLOV PLATFORM OR AS A RESULT OF YOUR USE OF THE FITLOV PLATFORM, INCLUDING, BUT NOT LIMITED TO, CLIENTS, TRAINERS, AND OTHER THIRD PARTIES. FITLOV IS NOT OBLIGATED TO CONDUCT REVIEWS, VERIFICATIONS, BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) OF TRAINERS OR CLIENTS. ACCORDINGLY, YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS AND TO CONDUCT WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH SUCH COMMUNICATIONS, INTERACTIONS OR DEALINGS. FITLOV IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OF ANY KIND OR NATURE INCURRED AS THE RESULT OF SUCH COMMUNICATIONS, INTERACTIONS OR DEALINGS.
FITLOV MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE CONDUCT, ACTIONS, INTEGRITY, OR RESPONSIBILITY OF OTHER USERS OF THE FITLOV PLATFORM OR ANY OTHER INDIVIDUAL OR ENTITY THAT YOU MAY COMMUNICATE, INTERACT OR DEAL WITH AS A RESULT OF YOUR USE OF THE FITLOV PLATFORM, INCLUDING, BUT NOT LIMITED TO, CLIENTS, TRAINERS, AND OTHER THIRD PARTIES, AND FITLOV DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. FITLOV HAS NO CONTROL OVER, AND NO RIGHT TO CONTROL, USERS OF THE FITLOV PLATFORM, OR ANY OTHER INDIVIDUAL OR ENTITY THAT YOU MAY COMMUNICATE, INTERACT OR DEAL WITH AS A RESULT OF YOUR USE OF THE FITLOV PLATFORM, INCLUDING, BUT NOT LIMITED TO, CLIENTS, TRAINERS, AND OTHER THIRD PARTIES, OR THEIR ACTIVITY OR CONDUCT ON OR OUTSIDE OF THE FITLOV PLATFORM. WITHOUT LIMITING ANY OF THE FOREGOING, FITLOV DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ASSOCIATED WITH THE FITLOV PLATFORM OR ANY ACTIVITY OCCURING OUTSIDE OF THE FITLOV PLATFORM, INCLUDING, WITHOUT LIMITATION, CONDUCT OCCURING DURING SESSIONS OR ANY OTHER ASPECT OF ANY SESSIONS. FITLOV EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CLIENT, TRAINER, OTHER USER OF THE FITLOV PLATFORM OR THIRD PARTY.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.
19 LIMITATION OF LIABILITY
Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of the United Arab Emirates.
The use of the FITLOV Platform or any of the FITLOV Services is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the FITLOV Platform or any of the FITLOV Services.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FITLOV OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FITLOV PLATFORM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, PERSONAL OR MATERIAL INJURY, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FITLOV HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL FITLOV BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE TRAINING SERVICES IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
20 SUSPENSION AND TERMINATION
FITLOV reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the FITLOV Platform or any portion thereof for any reason, including, without limitation, any breach by you of these Terms and Conditions. You agree that FITLOV shall not be liable to you or any third party for any such suspension, discontinuance or termination. If you breach or violate any of these Terms and Conditions, your permission to access or use the FITLOV Platform is automatically and immediately revoked and you may not continue using the FITLOV Platform or participate in any Workout.
21 MISCELLANEOUS
- Amendment to these Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on the FITLOV Platform. Your continued use of the FITLOV Platform following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the FITLOV Platform and/or the Sites.
These Terms and Conditions constitute the whole legal agreement between you and FITLOV and govern your use of the FITLOV Platform including the Sites and the FITLOV Services available thereon and completely replace any prior agreements between you and FITLOV in relation to the same.
Your access to or use of certain aspects of the FITLOV Platform may however be subject to additional terms, conditions, details and specifications, posted to the FITLOV Platform, or may require you to agree with and accept additional terms and conditions. By accessing or using those aspects of the FITLOV Platform you are expressly agreeing to such additional terms and conditions.
You acknowledge and agree that the form and nature of the FITLOV Platform may change from time to time without prior notice to you and FITLOV may stop providing the same (or any features within them) to you or to users.
You understand that FITLOV grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials and FITLOV reserves the right to revoke these exceptions either generally or in specific cases.
You understand that you are solely responsible for (and that FITLOV has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which FITLOV may suffer) of any such breach.
If FITLOV does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of FITLOV’s rights.
- Force Majeure
A failure in the FITLOV Platform, including, without limitation, the Sites, Content, or any portion or any of the foregoing, cannot be imputed to FITLOV if such failure arises by reason of an event of force majeure, such as labor strikes, floods, earthquakes, war, terrorism, or unforeseen acts of god or any other cause, either similar or dissimilar to the foregoing, which is beyond FITLOV’s reasonable control and FITLOV shall not be deemed to be in breach in its performance of an obligation under these Terms and Conditions to the extent that such performance is temporarily prevented or delayed as a result of such an event.
- No Partnership
You and FITLOV are independent contractors, and these Terms and Conditions, including but not limited to the submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between you and FITLOV. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party, unless specifically provided for in these Terms and Conditions.
- Severance
If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.
- Undertaking
FITLOV confirms that it will not trade with or provide any services to either the Office of Foreign Assets Control (“OFAC”) or any country sanctioned by the United States of America, at the date of these Terms and Conditions.
- Enforcement
FITLOV reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, or any other special terms or rules set forth on or through the FITLOV Platform, including, without limitation, the right to block access from a particular internet address
- Governing Law and Jurisdiction
These Terms and Conditions are reproduced in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.
These Terms and Conditions are governed by the laws of the United Arab Emirates and all disputes arising hereunder are subject to the exclusive jurisdiction of the Courts of the United Arab Emirates.
22 Notifying Each Other
If we need to notify you of any matter in relation to these Terms, we will do so by email to the email address which you gave when registering (or any updated address provided by you via the “Edit My Profile” function). If you need to notify us of any matter you should Contact Us.
CONTACT US – CUSTOMER SERVICE
If you have any questions about the Terms and Conditions or any aspect of your order, please contact our Customer Service by email at [email protected] or by telephone at +971 55 420 2452 every day from 9:00 AM to 8.30 PM (UAE TIME) except on public holidays.