By using the Digital Properties, and the features and Services made available through the Digital Properties, you are acknowledging that you are 18 years or over and that you have read, understand and agreed to these Terms and expressly agree that they form a binding legal contract between you and AFROFIT CLUB.
If you do not wish to accept these Terms, you should immediately cease use of the Digital Properties and Services.
In addition, in respect of Apps only, you acknowledge and agree that the availability of each App is dependent upon the third-party app store from which you download the App (the “App Store”). You acknowledge that these Terms are between you and AFROFIT CLUB, and not with the applicable App Store. Each App Store may have its own terms and conditions to which you must agree before downloading an App from it, and the limited rights AFROFIT CLUB grants you to use the App are conditioned upon your compliance with any and all terms and conditions of such App Store.
CHANGES TO THE TERMS
These Terms and Conditions may change as we continue to evolve our business, as well as the Digital Properties or any portion thereof. If we change these Terms, we will post the revised document here and such changes will be effective immediately upon that posting. Your continued use of the Digital Properties constitutes your deemed acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using the Digital Properties. If you do not agree to any of the changes, you should cease use of the Digital Properties and Services immediately.
Our goal is to do our best to ensure that every experience with AFROFIT CLUB will exceed your expectations. If that doesn’t happen, we hope you will give us the opportunity to try to address any problem or concern. To do so, please contact us via email on firstname.lastname@example.org. When contacting us, we ask that you include your name, phone number and email address, and a description of your problem or concern.
ACCESS TO THE DIGITAL PROPERTIES & SERVICES
You are solely responsible for any charges incurred in obtaining access to the Digital Properties including, without limitation, charges from your internet service provider and/or wireless carrier. While you may be able to purchase certain goods or services through the Digital Properties, the Digital Properties themselves are currently provided for free. AFROFIT CLUB reserves the right to change the nature of this relationship at any time, without prior notice or liability to you. In addition, access to certain Digital Properties or portions thereof may be limited to AFROFIT CLUB members, as described in the “Your Account” section below.
AFROFIT CLUB has no obligation to maintain the Digital Properties, in whole or in part, nor does it have any obligation to provide you with any related maintenance or support services. AFROFIT CLUB reserves the right to render the Digital Properties, in whole or in part, temporarily or permanently unavailable or to otherwise terminate, suspend access to, replace, or modify the Digital Properties or any portion thereof, at any time and for any or no reason, without prior notice or liability to you. Any Content or other information made available on or through the Digital Properties is also subject to change at any time and without prior notice or liability to you.
Some portions of the Digital Properties may invite or require you to create an account and associated log-in credentials (including a password), and you may not be able to access certain Content or features, functionalities, or services of the Digital Properties, without creating and logging into such an account. In some instances, the right to create an account may be limited to current members of AFROFIT CLUB in good standing. You agree to provide true, accurate and current information when creating an account, and you are responsible for Make unsolicited offers, advertisements, proposals or send junk mail to any
members, AFROFIT CLUB or AFROFIT CLUB Trainers
- Impersonate another person or access another member’s account fraudulently
- Permit third parties to use any Sessions booked under your account (including but not limited to other members)
- Knowingly upload material such as a virus that is damaging to the Digital Properties
- Upload or share inappropriate, hateful, or illegal content via the Digital Properties.
AFROFIT CLUB may provide links to other websites that may be of interest to users. Where such links are provided, these links are for your information only. Such websites are not endorsed or guaranteed as reliable or accurate by AFROFIT CLUB. AFROFIT CLUB has no control over such linked websites and is not responsible for the accuracy of the content or any damage you may incur from such websites. You link to such websites at your own risk and irrevocably waive any claim against AFROFIT CLUB.
We may use social plugins on our Services, for instance third-party APIs and/or plugins of the social networks such as Facebook, Twitter, Google+, Pinterest and Tumblr, and may feature icons, like the “thumbs up” icon or text like “Recommend“, “Like“ or “Comment“. These cookies are activated once you start navigating our website. Your browser may create a connection to the servers of such social networks and/or transmit data to such servers when you view a page on our website. If you use the plugin functionality (e.g. click the “Like” button or make a comment), this information is also transmitted directly to the social network by your browser and may be stored there. We shall at no time accept liability for the updating your account information as needed to ensure it remains current. If you choose, or are provided with log-in credentials, password and any other piece of information as part of our security procedures, you must treat such information as confidential. You are responsible for maintaining the confidentiality of your log-in credentials, and you hereby acknowledge and agree that you are fully responsible and liable for all usage and activities that occur under your account, whether authorized by you or not. Each individual may only register one (1) account. You agree not to share or permit others to use your account and/or log-in credentials. You may not assign or transfer your account to any other person. You agree to notify AFROFIT CLUB immediately if you know of or suspect any unauthorized use of your account or password or any other breach of security related to your account. Notwithstanding anything to the contrary in these Terms, AFROFIT CLUB reserves the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify Content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.
USING THE DIGITAL PROPERTIES
Subject to your compliance with these Terms, AFROFIT CLUB gives you the limited, non-exclusive, non-transferable, and revocable license to access and use the Digital Properties solely for your personal and non-commercial use.
Your rights under these Terms will automatically terminate without notice and without refund of any fees if you fail to comply with its terms. We may restrict, suspend, or terminate your use of the Digital Properties at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, or otherwise involves fraud or misuse of the Digital Properties or harms our interests or those of another user of the Digital Properties. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
As between you and AFROFIT CLUB, AFROFIT CLUB owns the Digital Properties and all content displayed or made available on or through, or otherwise included in, the Digital Properties, including without limitation all text, video clips, audio clips, graphics, trademarks, service marks, trade names, logos, icons, images, data, information, code and software, regardless of whether registered or unregistered, and any combinations and compilations thereof (collectively, “Content”). The Digital Properties and Content, including the selection, coordination, arrangement and enhancement of Content and the design, layout and “look and feel” of each Digital Property, constitute valuable intellectual property of AFROFIT CLUB, and are protected by applicable copyright, trademark and other applicable intellectual property rights and laws.
You agree not to reproduce, duplicate, copy, re-sell any part of the Digital Properties and the Content. These works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the Content for commercial purposes without obtaining a license to do so from us.
COMMENTS; NO UNSOLICITED IDEAS
We welcome your feedback regarding the Digital Properties, so long as the content is not illegal, fraudulent, immoral, inappropriate, obscene, defamatory, offensive, disrespectful, violent or abusive in nature and/or does not consist of any form of ‘spam’. AFROFIT CLUB reserves the right to remove any such content. Please understand that any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) posted on, submitted through, or otherwise sent to AFROFIT CLUB as a result of the Digital Properties shall become and remain the exclusive property of AFROFIT CLUB. All Comments will be treated as non-confidential, and therefore you agree not to post, submit or send to AFROFIT CLUB on an unsolicited basis, any ideas, confidential information, proprietary information or other Comments that you do not wish to assign to AFROFIT CLUB including and without limitation ideas for new or improved products, services, technologies, marketing, advertisements promotions or other services, products or offerings and any original creative materials such as stories, videos, computer code, images or artwork. By posting Comments, you agree that AFROFIT CLUB may use and publish your name in connection with such Comments.
By using the Digital Properties, you agree not to:
- Harass, threaten or defraud any members, AFROFIT CLUB or AFROFIT CLUB Trainers
- policies, performance or any other aspect of such third-party APIs or plug-ins.
Through the Digital Properties, AFROFIT CLUB offers registered AFROFIT CLUB members the opportunity to reserve and purchase training sessions (“Sessions”) directly with personal trainers (the “AFROFIT CLUB Trainers”) across the United Arab Emirates on a flexible basis (the “Personal Training Services”). By using, accepting and/or retaining a Session, you agree to these Terms in respect of the Personal Training Services. AFROFIT CLUB reserves the right to change, amend or terminate the Terms for Personal Training Services, at its sole discretion, at any time with or without notice or liability to you.
You may be required to acknowledge that a training session (or other goods or services) has been delivered by our or our representatives to you. You hereby undertake that you will act in good faith at all times and shall not unreasonably withhold any acknowledgment of receipt of service, with failure to do so entitling us to suspend your account and related services pending completion of our customer services issue escalation policy and procedure from time to time applicable.
12 HOUR CANCELLATION POLICY
An AFROFIT CLUB member that has made an appointment for a Session may cancel or change the time of the Session provided that a minimum of 12-hours’ prior notice is given. You can make these changes via the Personal Training tab in your account within the Digital Properties, or by contacting AFROFIT CLUB directly at +971525495094 or email@example.com.
If you have cancelled your session with a minimum of 12-hours’ notice then the session will be credited back to your account.
Members will automatically be charged for the full cost of the Session in respect of any late cancellations or no-show appointments.
I Want to Save Product – Subscription Rules and Cancellation Policy
These rules shall be governed by the AFROFIT CLUB terms and conditions, which are incorporated by reference and together these rules and the terms and conditions form a binding legal agreement.
- You are signing up for a subscription based service that will automatically renew on a monthly basis until you cancel your subscription in accordance with the cancellation policy below
- We may add, change or alter subscription products from time to time and if you are impacted by any of these changes you will be notified at your registered email address.
- The initial payment will be collected on the day of your subscription and then will automatically renew in 30-day intervals thereafter on a recurring basis
- The minimum subscription duration is three (3) months
- Should you wish to cancel your subscription for any reason (including but not limited to illness, injury, travel and leaving the country) during the initial three (3) months period then your card will be automatically charged for the full value of the three (3) months
- In the event you wish to pause your subscription for a period of 2 weeks due to illness, injury or travel then please refer to our Freeze Subscription policy below.
- Should you wish to cancel your subscription after the initial three (3) months period – from month four (4) onwards – then you can follow the below steps:
- Go to My Subscriptions under Profile
- Find the active subscription package you wish to cancel
- If your package is eligible for cancellation (has surpassed the initial three (3) months contract period) then you will find a “Cancel” button
- You will be prompted to re-confirm your cancellation and the reason why you wish to cancel
- Once the system has confirmed your cancellation, automatic payments will stop from the month after the cancellation: for example if your renewal is due on December 15th you may cancel until December 14th if you wish to avoid being charged on December 15th. If you cancel on Dec 16th then your payment will cease on January 15th.
- When subscribing you can select from a number of monthly session: 6,8,12 and 20
- The number of session per month you have selected will be credited to your account on a monthly basis upon the collection of the automatic monthly payment which you have authorized on the app upon your initial purchase
- You must complete the usage of these sessions within 30 days of the date in which they are credited to your account
- Sessions which are not conducted within the 30-days period will expire and not be carried over into the next month
- For example: if you have purchased a 12 session monthly subscription pack and have only conducted 11 sessions then 1 session from your current month will expire on the 30th day
- Should you wish to pause your subscription due to illness, injury or travel then you are allowed one (1) freeze period of 2 weeks during the initial 3-months contract period.
- You can freeze your package by going to:
- Go to My Subscription in your app under Profile
- Find the active subscription package you wish to freeze
- If your package is eligible for a freeze (you have not used this feature before) then you will find a “freeze” button
- You will be asked to re-confirm your selection and the reason for your freeze before your package is paused for two weeks
- Your next payment will be automatically differed by two weeks
- During the freeze period you will not be able to train using your paused subscription package
- The freeze period will be available month four (4) onwards such that you can continue to receive a 2 week freeze period once each three (3) months
- Should your trainer travel during your subscription then you will be offered the option to either freeze your subscription until their return or to continue training with your active subscription with an alternative trainer.
- You may only have one (1) active subscription per account
- Subscriptions cannot be shared, transferred or sold for cash for any reason
- The company reserves the right to pause or cancel your subscription at any time for any reason it deems appropriate without prior notice to you
- There are strictly no refunds allowed for subscriptions – should you wish to cancel your subscription then you can review our cancellation policy.
- You are signing up for a pay as you go based service. Your card will only be charged once (1) at the time of purchase.
- Your purchased package has an expiry date as set out in the table below. Once the package expires all sessions which have not been conducted will expire automatically from your app.
- To view your package details and expiry date you can visit my packages in the app at any time.
Cancellation & Refund policy:
- You are entering into a commitment with AFROFIT CLUB for the purchase of a select number of sessions
- Refunds are not allowed regardless of the reason you wish to cancel your package (including but not limited to illness, injury, travel and leaving the country).
- In the event you wish to pause your package for a period due to illness, injury or travel then please refer to our Freeze Package policy below.
- In the event we temporal shutdown due to maintenance on our workspace or at the end of the season, all memberships will be on hold until next season.
- When purchasing a package you can select from a number of sessions: 6, 14 or 20 across a variety of package types: solo, duo, kids, specialities and Programs by Team Leaders. We may add, change or alter products from time to time and if you are impacted by any of these changes you will be notified at your registered email address.
- The number of sessions you select must be conducted before the expiry date listed in the table below. The expiry is calculated from the date of the purchase of the package. You can refer to the email you received from us confirming your successful purchase as the date of commencement of the package.
- Once a package has expired it will be reflected as “expired” in your my packages page and any remaining sessions which are not conducted prior to the date will expire
- Expired sessions cannot be transferred to another package, account or exchanged for cash for any reason
- We understand that from time to time you may wish to pause your package due to unforeseeable illness, injury or travel.
- If you are eligible for the freeze, then you are allowed one (1) freeze period for a maximum 2 weeks per package purchased.
- The freeze period cannot be extended or split up into multiple periods once it has been granted.
- You can freeze your package by going and emailing us from your registered email address at firstname.lastname@example.org. Please provide us with:
- The reason you wish to freeze your account
- Proof of stated reason (plane ticket, doctors note etc.)
- Our customer service will revert within 2 working days to confirm if the freeze has been accepted
- Your package will automatically restart after the allocated freeze period has been completed
- During the freeze period you will not be able to train using your paused package
- Should your trainer travel during your package period then you will be offered the option to either freeze your subscription until their return or to continue training with your active package with an alternative trainer.
- You may have multiple active packages per account
- Packages cannot be shared, transferred or sold for cash for any reason
- The company reserves the right to pause or cancel your package at any time for any reason it deems appropriate without prior notice to you
- There are strictly no refunds allowed for packages – should you wish to freeze your package then you can review our cancellation policy.
You must provide us with a current, valid, accepted method of payment.
The member may choose to pay for session in advance (i.e. on or before the date of the Session, or via instalments according to the following rates (which we may update and amended from time to time)
AFROFIT CLUB reserves the right to discontinue any of its payment methods at any time with no prior notice to its customers including its instalment plans.
Any customer subscribed to an existing instalment plan will be notified in the event the plan is cancelled and any changes are made to their upcoming installment.
All payments to us are made in AED.
We accept payments through the following methods:
Online: Mastercard or Visa via your debit/credit card.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
In addition, charges for Sessions which are used by a member but not otherwise paid for will be charged to the member’s credit card automatically on the day the Session is used.
Once the payment is made, a confirmation notice will be sent to the client via their registered email within 24 hours of receipt of payment.
AFROFIT CLUB may offer discounts on Sessions to members who purchase a package of Sessions, and these discounts only apply to the number of Sessions purchased as a group (“Package Sessions”). Any further or additional Sessions will be charged at the regular rate then in effect for individual Sessions. Package Sessions cannot be redeemed or exchanged for cash. Resale, transfer and sharing of Package Sessions is strictly forbidden.
You may obtain information on your balance of Sessions in the Personal Training tab in your account to the Digital Properties. Sessions may not be redeemed for cash.
All Sessions purchased through the Digital Properties are non-transferable and limited to the use of the member who purchased such Session and/or Package Sessions.
NO REFUNDS & EXPIRATION POLICY
No refund will be given in respect of any unused or expired Sessions. Sessions cannot be carried over.
1. These Terms of Sale set out the terms and conditions on which products are supplied to you as a buyer on the digital properties.
2. Please read these terms carefully before you submit your order via the Apps. By placing an order on the Apps, you are agreeing to be bound by these Terms of Sale with immediate effect.
Availability Available products are located at checkout in the ‘frequently purchased together’ section
1. Eligibility. Product sales are only available to mobile customers purchasing “I want flexibility” personal training packages, not including customers that are paying for the package in instalments. Products cannot be purchased independently of a package. GymNation and subscription clients are not eligible currently for purchases. Eligibility criteria may change from time to time with no prior notice.
2. Purchase. Once you have selected the items you wish to purchase, the total cost (including VAT where applicable) will be added to your package purchase. By placing an order, you authorize us or our third-party payment processer to process your credit/debit card details for the value (plus VAT where applicable) of your order.
3. Order Acceptance. Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email). If we are unable to accept your order, we will inform you of this in writing or through a call and will not charge you for the product.
4. Bulk/Multiple Purchasing. We reserve the right to reject any orders, at our sole discretion, where we detect bulk purchasing or multiple units of similar products being purchased.
Delivery Costs. Delivery costs may change from time to time. You will be notified of any applicable cost at the time of checkout.
Delivery. Within 7 working days of your order, your trainer will deliver your order during a training session at the location in which you regularly train, but not at any alternative location.
Tracking. You can track your order by contacting us as email@example.com via our customer support team at +971-525495094.
Delivery Delays. If delivery of any product is delayed due to circumstances outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. If you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we will cancel your order with no refund.
Proof of delivery. You will be required to sign a digital form confirming your receipt of the product, which is a legal confirmation of receipt of goods. Please check your product to ensure you have received your correct order and in good condition.
Transfer of Title and Risk. A product will be considered owned by you and you accept all risk of loss and damage from the time we deliver the product to the delivery address and you have paid for the product.
Conditions of Return. You may return products provided that the returned item(s) is/are unused in original unbroken packaging and if:
You have received the wrong item(s) or the item(s) do not correspond to the advertised description and within 14 days of receipt of the applicable items, you have notified us as set out in section 4.3 below, provided that the returned item(s) is/are unused in original unbroken packaging
You have received damaged item(s) and within 14 days of receipt of the applicable items, you have notified us as set out in section 4.3 below
You have changed your mind about buying the applicable items and within 12 hours of receipt you have notified us as set out in section 4.3 below.
1. Non-returnable Products. You do not have a right to return, replace or exchange products except as set out in section 4.1 above.
2. Method of Return. All returns must be notified to firstname.lastname@example.org or our customer support team at 00971525495094 after which the customer care team will notify you of the next steps. You may not return items product via your trainer.
3. Your Refund. For that items that fall within the valid reasons for return set out in section 4.1 above, we will refund to you the purchase amount (including VAT but excluding any delivery fees paid and excluding the costs of return shipping).
4. Refund Procedure. Within 30 days of receipt by us of the returned item(s) and successful inspection by e will issue a refund to you by bank transfer by our team, we will remit the applicable funds by bank transfer to an account of your designation, less any bank transfer fees and applicable currency exchange rates.
5. Our Cancellation. We may cancel your order(s) if we deem you have attempted to bulk or multi-order purchase or due to lack of product availability, at which time the refund procedure above will be applied.
Nothing in these Terms of Sale shall limit or exclude a party’s liability:
For fraud, including fraudulent misrepresentation, perpetrated by that party
For death or personal injury caused by the negligence of that party
For any other liability that cannot be limited or excluded under applicable law.
Subject to section 5.1 above, in no event will we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Sale for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries, and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
Supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or making payment as required;
Damages that may result from the unauthorized repair of the product
Loss of any saved/stored data in products that are either repaired or replaced
Reliance by you on the content or other information provided on the Site with respect to the product you order
Your use of or your inability to use the ordered product
Delays or disruptions to our Site or our services
Viruses or other malicious software obtained from the use of the ordered product
Damage to your hardware device from the use of your ordered product
Your loss of or inability to do business or similar as due to our inability to deliver the product to you
Subject to section 5.1, if clauses 5.2 or 5.3 are held to be unenforceable or GENERAL
1. Governing Law. These Terms of Sale and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Dubai.
2. Dispute Resolution
3. incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations, and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Sale and the documents referred to or incorporated into these Terms of Sale by reference, there are no conditions, representations, warranties, undertakings, or agreements between the parties whether direct, indirect, collateral, express or implied.
4. Amendment. These Terms of Sale cannot be modified, varied, amended, or supplemented in any way by you. We reserve the right to modify, vary, amend, or supplement these Terms of Sale at any time and from time to time. We will post the current version of these Terms of Sale on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Site and our services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Sale as so modified.
5. Severability. If any provision of these Terms of Sale is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed from these Terms of Sale and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
6. Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third-party providers of goods or services to us, labour disruptions, blackouts, embargoes).
7. No Waiver. Any waiver by us of any of the provisions of these Terms of Sale will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
8. Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.
DISCLAIMER AND LIMITATIONS
AFROFIT CLUB is not a health care or medical provider. The Digital Properties and the features, functionalities, services and Content made available therein, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials (collectively, the “Fitness Features”), are provided for general informational purposes only, and do not constitute medical advice. Without limiting anything herein, AFROFIT CLUB hereby disclaims all warranties whether statutory, express or implied, including but not limited to implied warranties of merchantability and fitness for purpose, related to any of the Fitness Features or other services offered via the Digital Properties. For the avoidance of doubt, the Fitness Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. You agree that attendance of any Sessions with an AFROFIT CLUB Trainer is at your own risk. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any fitness or nutrition regimen and/or attending Sessions with an AFROFIT CLUB Trainer and/or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions.
AFROFIT CLUB is not liable or responsible for any consequences of you having read, used or relied upon any Fitness Features. By using any Fitness Feature and/or booking a Session with an Enhance Fitness Trainer, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, all of which can be potentially hazardous activities. You should consult with your doctor prior to using any Fitness Feature and/or attending a Session. If you choose to use any Fitness Features and/or choose to attend a Session with our AFROFIT CLUB Trainers, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise which could cause increased risk or injury or adverse health consequences as a result of using such Fitness Features or training with our AFROFIT CLUB Trainers, and you hereby assume associated risks. Prior to your first Session, we require you to complete a waiver form online (“Waiver Form”). A booking cannot be made until such Waiver Form is complete.
IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY FITNESS FEATURE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees and for fraud or fraudulent misrepresentation.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENHANCE FITNESS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FITNESS FEATURES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH FITNESS FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY FITNESS FEATURE AND/OR ATTEND A SESSION WITH AN ENHANCE FITNESS TRAINER IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Enhance Fitness WILL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY FITNESS FEATURE AND/OR IN ANY WAY CONNECTED TO ATTENDANCE OF SESSIONS WITH AN AFROFIT CLUB TRAINER BOOKED THROUGH THE DIGITAL PROPERTIES.
You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Digital Properties is to stop using and, where applicable, uninstall the Digital Properties.
Every effort is made to ensure that the Digital Properties are accurate and complete. The Digital Properties are provided “as is” only, without warranties of any kind either express or implied. AFROFIT CLUB does not warrant that the functions contained in or access to the Digital Properties will be timely, uninterrupted or error free or that defects will be corrected or that the download, installation or use of the AFROFIT CLUB app or website is virus free or free of other harmful components. You are responsible for using your own virus protection software.
AFROFIT CLUB Parties (as defined below) do not warrant or make any representations or guarantees regarding the use or the results of the use of the Digital Properties, Fitness Features or the Personal Training Services in terms of their accuracy, reliability or otherwise.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AFROFIT CLUB ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “AFROFIT CLUB PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL PROPERTIES AND/OR SERVICES AND/OR THESE TERMS. IN THE EVENT THAT AFROFIT CLUB IS LIABLE FOR DAMAGES DESPITE THE FOREGOING PROVISION, YOU AGREE THAT AFROFIT CLUB’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CAUSES OF ACTION IN RELATION TO ANY ORDER, SALE OR DELIVERY OF ANY PRODUCT OR SERVICE BY AFROFIT CLUB UNDER THESE TERMS SHALL NOT EXCEED THE PRICE OF THE PRODUCT OR SERVICE GIVING RISE TO SUCH CLAIM.
In no event shall AFROFIT CLUB be liable for any indirect, special, consequential or incidental damages that result from the Digital Properties or your use of or inability to use the Digital Properties or any other website or device, even if AFROFIT CLUB should have foreseen the possibility of such damages.
You agree to defend, indemnify and hold the AFROFIT CLUB Parties harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys’ fees), arising out of or in connection with: (1) your access to and/or use of the Digital Properties or any portion thereof; (2) your Comments or Unsolicited Ideas; (3) your failure to comply with these Terms or with any applicable law, rule or regulation; (4) your infringement, misappropriation or violation of the Digital Properties or Content or of any third party’s intellectual property right; or (5) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. AFROFIT CLUB will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations.
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You may terminate these Terms at any time by ceasing to access and use the Digital Properties and, where applicable, uninstalling the Digital Properties. Please understand, however, if you subsequently decide to resume accessing and using any of the Digital Properties, you will again be bound by the then-current Terms. We may terminate these Terms, or otherwise terminate, suspend or restrict your access to and use of the Digital Properties, in whole or in part, at any time and without prior notice or liability to you, for any reason, including without limitation your failure to comply with any portion of these Terms.
If any of the provisions of these Terms are found to be illegal, void or unenforceable as a result of a decision of any court of competent jurisdiction, then the provisions shall be deemed severable and shall not affect the validity and the Terms shall remain if full force and effect save for such severed provision switch shall be deemed deleted.
These Terms are governed by and construed in accordance with laws of the United Arab Emirates as applicable in the Emirate of Dubai. We both agree that the courts of DIFC shall have exclusive jurisdiction.
We will not trade with or provide any services to OFAC and sanctioned countries.