terms & conditions
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you must not use this website.
This document was created using a Contractology template available at http://www.freenetlaw.com.
“Agreement” means these Terms and Conditions;
“fitwithap” is the trade name for fitwithap and it refers to our Site, our Service, or a combination of all or some of the preceding definitions, depending on the context of the word.
“Service” refers to the services that we provide through our Site, including our blog, health and fitness-related books, products, and other services, and the Site itself;
“Site” refers to our website, www.fitwithap.com;
“User” refers to anyone who accesses our Site or uses our Service, regardless of whether such access involves any remuneration to any party;
“You” refers to you, the person who is entering into this Agreement with fitwithap.
“Your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any laws of any countries having jurisdiction over this Agreement, fitwithap, and yourself.
To use any paid portion of our Service, you must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
To use any unpaid portion of this Service, you must be at least 13 years of age. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age.
You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes here. You must read this page each time you visit our Site, and if you do not agree to the current version, you must cease using our Service immediately.
License to use website
Unless otherwise stated, fitwithap and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without fitwithap’ express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without fitwtihap’ express written consent.
Access to certain areas of this website is restricted. fitwithap reserves the right to restrict access to areas of this website, or indeed this entire website, at fitwithap’ discretion.
If fitwithap provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
fitwithap may disable your user ID and password in fitwithap’ sole discretion without notice or explanation.
You grant to fitwithap a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to fitwithap the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or fitwithap or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
fitwithap reserves the right to edit or remove any material submitted to this website, or stored on fitwithap’ servers, or hosted or published upon this website.
fitwithap provides fitness information that it believes to be of use. However, fitwithap's articles are not written by medical professionals or registered dietitians and should be read for informational purposes only. Individual physiology and psychology varies, so the information and materials on this website may not apply to your specific set of facts and circumstances.
All information is provided for general information purposes only and is not intended to diagnose, treat or cure any health conditions. No information provided should be used as a substitute for medical advice.
You should consult with a licensed medical doctor prior to engaging in any fitness activities or making any dietary changes recommended by fitwithap, or prior to using any supplements or other nutritional items recommended, to ensure that such practices are safe for you.
If you think you may be suffering from any medical condition you should seek immediate medical attention.
You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.
This website is provided “as is” without any representations or warranties, express or implied. fitwithap makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, fitwithap does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
By completing and submitting an electronic order form, you are making an offer to purchase goods or services which, if accepted by us, will result in a binding contract. Please note that products will not be sent or services provided until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.
After you have placed your order, you will receive an email to acknowledge your order. It will confirm which products or services you have ordered. This email is not an order acceptance from us.
A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
We do not have to accept your order and, for example, we will not accept your order if:
We do not have the products in stock
Your payment is not authorized
There is an error on our website regarding the price or other details of the products
You have cancelled it in accordance with the instructions below
We reserve the right to refuse any order.
Within 48 hours of purchase (during the working week), a confirmation email will be sent to the customer acknowledging payment.
Within 2 business days after payment has been authorized, an email including a link to an online questionnaire will be sent to the customer.
Within 5 business days of the customer completing the online questionnaire and sending back all the properly filled out forms, an email containing the purchased product (for purchases of one-off products) or the link to their third-party nutrition platform account (for subscriptions to online coaching) will be sent.
At this point, customers who have purchased a one-off product can email us within 7 days at email@example.com for questions, clarifications and to request for changes to be made to their products. Within 5 business days of receiving the email, an email will be sent to the customer with answers to their questions and/or the updated product.
Customers who have purchased online training will be required to create a username and password for logging into their third-party nutrition platform account and accessing their nutrition program. Once per week for the duration of time of the paid service, email communication will take place between us and the client to assess progress, answer questions and make changes to the client’s training regimen and nutrition plan, as deemed necessary.
PRICING AND AVAILABILITY
Unless otherwise stated, all prices are displayed in Euros (EUR) and are expressed inclusive of any VAT payable.
Exchange rates are calculated using the European Central Bank exchange rates server and are updated daily.
The customer is always debited in Euros even when a price is displayed in another currency.
Some credit card issuers may charge you with a foreign transaction fee, usually between 2% and 3% of each purchase transaction, when making a payment in a currency other than your own. Prices displayed in United States Dollars (USD) and British Pound Sterling (GBP) include a 3% offset to account for this possible foreign transaction fee.
While we make every effort to ensure that the products shown on our website are currently available at the price shown, we cannot guarantee that this will always be the case.
The price you pay is the price of the products shown at the time you place your order, even if the price of the product has since changed.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Payments for all paid services may be made using our third party payment processing providers. Potential customers can pay by PayPal, Credit Card or Debit Card. All major Credit and Debit cards are accepted.
fitwithap is not responsible for the security of, or the misuse of, credit card or other personal information, or for charges, bank fees, or foreign exchange rates applied by your Credit Card Company and/or financial institution.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Any issues with payment processing should be addressed to your card issuer directly, though you may contact fitwithap as well and we may attempt to assist in resolving issues with your payments.
Failure by the User to use any of the services available for them through their subscription to fitwithap does not relieve the User of their payment obligations under these Terms.
fitwithap will issue a refund up to 14 days after the order date, provided that the purchased product or service has not been sent to the customer.
Any requests made after 14 days of the order date or after the purchased product or service has been sent to the customer will not be accepted.
You may contact us at firstname.lastname@example.org to request a refund.
fitwithap may, but is not obligated to, provide discounts or coupons for online fitness coaching or other services. If any information published or uttered by fitwithap about such offers is conflicting, the terms most beneficial to fitwithap shall take effect.
Discounts and other similar offers are subject to any expiry dates and other applicable limitations. fitwitap may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
Some of our subscription plans use recurring billing. All fitwithap payments that include a recurring element and fall due each month require 30 days advance notice to be cancelled. fitwithap reserves the right to request 30 days advance notice prior to the termination of service and payment.
You may cancel the Service by emailing email@example.com.
By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation. fitwithap may submit periodic charges relating to your subscription without further authorization from you, until you cancel your account. Such notice will not affect charges submitted before fitwithap reasonably could act.
fitwithap (as well as its employees, agents and representatives) is not engaged in rendering medical advice and does not hold itself out as qualified to do so. fitwithap is not a medically supervised program or a licensed dietetics company.
We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise your own personal judgment, as well as any other considerations before acting on any of the content provided by us.
Where we provide you with a personalised exercise or nutrition plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise program. Accordingly any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
Any personalised plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a personalised plan.
Any personalised plan created by fitwithap is simply a recommendation and you are volunteering to participate or follow advice, nutrition plans or exercises suggestions.
The information set out in any personalised plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
Specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You have therefore specified any food allergies or sensitivities you are aware of.
Specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all of your medications with your doctor or pharmacist and do not hold fitwithap responsible for food and medication reactions. You also understand the nutrition plan you receive will not take my medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a new nutrition plan.
If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the specific exercise or nutrition program designed for you by us.
LIMITATIONS OF LIABILITY
fitwithap will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if fitwithap has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit fitwithap’ liability in respect of any:
death or personal injury caused by fitwithap’ negligence;
fraud or fraudulent misrepresentation on the part of fitwithap; or
matter which it would be illegal or unlawful for fitwithap to exclude or limit, or to attempt or purport to exclude or limit, its liability.
While we believe that, for most people, following our programs and methods will lead to desired results, all exercise programs depend on the individual. Results will be affected by the effort and commitment of the individual. However, in some circumstances, even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:
the effectiveness of any techniques, nutrition plans or programs that we deliver; or
the results that you may achieve as a result of following our programs.
All testimonials shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve. Rather, they are included as examples of the results that particular individuals have achieved.
THIRD - PARTY TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
THIRD - PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, fitwithap has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against fitwithap’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect fitwithap's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as fitwithap.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify fitwithap and undertake to keep fitwithap indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by fitwithap to a third party in settlement of a claim or dispute on the advice of fitwithap's legal advisers) incurred or suffered by fitwithap arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to fitwithap's other rights under these terms and conditions, if you breach these terms and conditions in any way, fitwithap may take such action as fitwithap deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
fitwithap may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
fitwithap may transfer, sub-contract or otherwise deal with fitwithap’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, fitwithap shall have the sole right to elect which provision remains in force.
TERMINATION AND CANCELLATION
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
These terms and conditions constitute the entire agreement between you and fitwithap in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of the Republic of Cyprus, and any disputes relating to these terms and conditions will be subject to the courts of Cyprus. The offer and acceptance of this contract are deemed to have occurred in the Republic of Cyprus.
The full name of fitwithap is fitwithap.
We are registered in Cyprus, and our registration number is ____.
fitwithap’s address is kallitheas 44, p. lakatamia, 2313, Nicosia, Cyprus.
You can contact fitwithap by email to firstname.lastname@example.org or by telephone at (+357) 99712169.
Copyright ©2019 fitwithap
OWNERSHIP OF COPYRIGHT
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by fitwithap.
fitwithap grants to you a worldwide non-exclusive royalty-free revocable license to:
view this website and the material on this website on a computer or mobile device via a web browser;
copy and store this website and the material on this website in your web browser cache memory; and
print pages from this website for your own personal and non-commercial use.
fitwithap does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without fitwithap’s prior written permission.
The automated and/or systematic collection of data from this website is prohibited.
You may request permission to use the copyright materials on this website by writing to email@example.com.
ENFORCEMENT OF COPYRIGHT
fitwithap takes the protection of its copyright very seriously.
If fitwithap discovers that you have used its copyright materials in contravention of the license above, fitwithap may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of fitwithaps's copyright materials that contravenes or may contravene the license above, please report this by email to firstname.lastname@example.org.
If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to email@example.com.