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.

Delivery Policy

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.

DISCOUNTS

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.

REDEMPTION

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.

NON-TRANSFER

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.

E-COMMERCE PURCHASES

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.

ORDERS

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

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 info@afrofitdubai.comor 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.

RETURNS

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 info@afrofitdubai.com 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.

LIABILITY

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.

INDEMNIFICATION

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.

CONTACT US

+971525495094 or via info@afrofitdubai.com

Your feedback is always welcome and appreciated.

TERMINATION

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.

SEVERABILITY

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.

GOVERNING LAW

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.