Privacy Policy
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TERMS AND CONDITIONS OF SERVICE
- COMMON PROVISIONS
1.1 General
The Sole Proprietorship T&BFIT CONSULTING LLP , Company Number: OC450753, with registered office at Unit A 82 James Carter Road, Mildenhall, Bury St Edmunds, United Kingdom, IP28 7DE, provides its services to you through its website at https://www.asiabaldonifitness.com/, as well as through its mobile applications, collectively referred to as the “Service”. These Terms and Conditions constitute the entire agreement between T&BFIT CONSULTING LLP and you and govern your use of the Service, superseding any prior agreements between the parties in relation to the Service. You may also be subject to additional terms and conditions, which may apply to your use of affiliate or third-party services, third-party content or third-party software.
1.2 Contacts and communications
All communications relating to the violation of these Terms and Conditions, as well as the use of the Service, must be sent to the following address: info@asiabaldonifitness.com. Communications to the user, however, can be made via email, regular mail or Whatsapp.
1.3 Privacy
T&BFIT CONSULTING LLP respects the privacy of its users. For further details, consult the section of the aforementioned website specifically dedicated to the Privacy Policy. By using the Service, the user consents to the collection and use of their personal data as indicated in the appropriate section.
1.4 Changes to the Terms
T&BFIT CONSULTING LLP reserves the right, at its sole discretion, to change or modify parts of these Terms and Conditions at any time, providing, depending on the nature of the change, to publish the changes in the appropriate section of the aforementioned website, to indicate in the same section the date of last revision and/or to inform the user by email, or by any other means that is such as to allow a reasonable notice of the change. Such changes will come into force no earlier than fourteen days from their publication, except for changes that concern new functions of the Service or changes made for legal reasons, which will come into force immediately. Continued use of the Service after the effective date of such changes constitutes acceptance of the new Terms and Conditions. T&BFIT CONSULTING LLP reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, having regard to the legitimate interests of the user. In such cases, the provisions contained in this provision shall apply. In addition, by using certain services, you will be subject to additional terms, which may be posted on the Service from time to time upon acceptance.
1.5 No Implied Waivers
The failure of T&BFIT CONSULTING LLP to exercise or enforce any right or provision of these Terms and Conditions shall not constitute an implied waiver of such right or provision. In any event, no waiver shall be deemed to be a continuing waiver of any specific right or provision.
1.6 Severability Clause
The invalidity or unenforceability of any provision of these Terms and Conditions under applicable law shall not invalidate the entire agreement or the remaining provisions, which shall therefore remain valid and enforceable, unless the invalid or unenforceable provisions are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable burden on one of the parties. The parties shall endeavour to amicably identify a valid and effective provision to replace the void or ineffective provision and, in the event of failure to reach an agreement, if permitted or provided for by applicable law, the void or ineffective provision shall be replaced by the applicable legal provisions, or interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
TERMS OF USE
2.1 Description of use
The Service and any content used through it is exclusively for the user’s personal use and not further marketable and/or transferable in any way. By purchasing the Service, the user is granted a limited, non-exclusive and non-transferable license to access the related content exclusively according to the available channel. T&BFIT CONSULTING LLP may revoke this license at any time, at its sole discretion, in the event of violations of this article.
2.2 Registration obligations
To use the Service, it is necessary to register with T&BFIT CONSULTING LLP, providing and maintaining true, accurate, updated and complete information, as well as keeping your access credentials secure, in order to preserve their confidentiality. The registration data and certain other information about the user are governed by the aforementioned Privacy Policy. Minors are not authorized to use the Service, unless express approval is provided by the person exercising parental responsibility. No bots or other automated processes are permitted to open accounts. You may only create one account and may never use another user’s account or provide another person with your username and password to access your account. You must maintain control of all devices that you use to access the Service. If you fail to maintain control of a device, other users may be able to access the Service through your account and may be able to access certain information in your account. You are fully responsible for all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to notify T&BFIT CONSULTING LLP immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session when accessing the Service. T&BFIT CONSULTING LLP will not be liable for any loss or damage arising from your failure to comply with this requirement.
2.3 Closure, suspension and cancellation of accounts
The accessibility of the account is limited to the period of use of the Service. The user is free to close his/her account and cease using the Service at any time by contacting T&BFIT CONSULTING LLP at the address indicated above. T&BFIT CONSULTING LLP reserves the right to suspend or cancel a user’s account at any time at its sole discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms and Conditions. The closure, suspension or cancellation of the account does not give the user any right to compensation, reimbursement or compensation. The suspension or cancellation of an account for reasons attributable to the user does not exempt the user from paying any fees or prices that may be applicable.
2.4 Modifications to the Service
To the extent permitted by law, T&BFIT CONSULTING LLP reserves the right for technical reasons to modify or interrupt, temporarily or permanently, the Service or part thereof, with or without notice (possibly, by giving appropriate notice to the user). The user agrees that T&BFIT CONSULTING LLP will not be liable to him or to third parties for any modification, suspension or interruption of the Service, except for the obligation to refund content already purchased and which could not have been used in a reasonable time before the interruption, only if permanent. T&BFIT CONSULTING LLP does not assume any obligation to retain the user’s account or the content sent for a period of time longer than required by applicable law. In the event of termination of the Service, T&BFIT CONSULTING LLP will make every effort to ensure that the user can extract his or her personal data.
2.5 General Practices Regarding Use and Storage
You acknowledge that T&BFIT CONSULTING LLP may establish general practices and limits concerning use of the Service, including, without limitation, the maximum length of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on T&BFIT CONSULTING LLP’s servers on your behalf. You agree that T&BFIT CONSULTING LLP has no liability or responsibility for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that T&BFIT CONSULTING LLP reserves the right to terminate accounts that are inactive for an extended period of time and in any case longer than three months.
2.6 Mobile Services
The Service may include certain services available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to navigate the Service from a mobile device, and (iii) the ability to access certain features via an application downloaded and installed on a mobile device. To the extent you access the Service via a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply. In addition, the download, installation, or use of certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices.
2.7 Third-Party Websites and Resources
The Service may provide, or third parties may provide, links or other access to third-party websites and resources. T&BFIT CONSULTING LLP has no control over, and is not responsible for, such sites and resources. You further acknowledge and agree that T&BFIT CONSULTING LLP shall not be responsible or liable, directly or indirectly, for any damages or expenses caused or alleged to be caused by or in connection with the use of or reliance on any such content, events, goods or services available on or through any such sites or resources. All dealings you have with third parties while using the Service are between you and the third party. You therefore agree that T&BFIT CONSULTING LLP shall not be responsible or liable for any losses or claims you may have against such third parties.
2.8 Social Networking Services
You may enable or access the Service through various third-party online services, such as social media and social networking services such as Facebook, Instagram, Whatsapp or Telegram. To take advantage of this functionality and capability, you may be required to authenticate, register or log in to the social networking services on the websites of their respective providers. As part of such integration, social networking services will provide T&BFIT CONSULTING LLP with access to certain information that you have provided to such social networking services, and T&BFIT CONSULTING LLP will use, store and disclose such information in accordance with its own Privacy Policy. For more information about the implications of enabling these social networking services and T&BFIT CONSULTING LLP’s use, storage and disclosure of information about you and your use of such services within T&BFIT CONSULTING LLP (including friend lists and the like), please see the Privacy Policy section. Please note, however, that how social networking services use, store and disclose your information is governed solely by the policies of such third parties and T&BFIT CONSULTING LLP shall have no responsibility or liability for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
2.9 “Word of Mouth”
The Service allows users to receive benefits if, thanks to their recommendation, a new user uses it. To take advantage of this opportunity, the user can invite friends to use the Service by sending them a special code provided by T&BFIT CONSULTING LLP. Each code can be redeemed only once. If one of the people invited decides to redeem an invitation code, the user who invited them will receive the advantage or benefit (such as, for example: a discount, an additional service, an upgrade, etc.) indicated on the Service website. Invitation codes may only be redeemable for some of the products offered. T&BFIT CONSULTING LLP reserves the right to terminate the offer at any time at its discretion. Although there is no limit to the number of people who can be invited, the number of advantages or benefits that each user can receive for an equal number of invitation codes redeemed may be subject to a maximum limit.
2.10 User Conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post or display through the Service. T&BFIT CONSULTING LLP reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the accounts of such violators, and reporting them to law enforcement authorities. You agree not to use the Service to:
upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a risk to the privacy or security of any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of T&BFIT CONSULTING LLP, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or may expose T&BFIT CONSULTING LLP or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
violate any applicable local, state, national or international law or any regulation having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purpose of sending unsolicited email or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any commercial purpose not specifically authorized;
promote any criminal activity or enterprise or provide instructional information about illegal activities;
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
2.11 Controls on Use of T&BFIT CONSULTING LLP Software
The software available in connection with the Service and the transmission of applicable data, if any, is subject to Italian law. No software may be downloaded from the Service or otherwise exported or re-exported in violation of applicable law. Downloading or using the software is at your own risk. Recognizing the global nature of the Internet, you agree to comply with all local laws and regulations regarding your use of the Service, including regarding online conduct and acceptable content.
2.12 Commercial Use
Unless otherwise authorized here or by T&BFIT CONSULTING LLP in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for commercial purposes, any portion of the Service, use of the Service or access to the Service. The Service is for non-commercial, personal and entertainment use only.
- TERMS OF SALE
3.1 Description of the Service
Prices, descriptions and availability of the services offered are specified in the respective sections of the website and are subject to change without notice. Although the services are presented with the greatest accuracy technically possible, representation by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended for reference only and does not imply any warranty regarding the characteristics of the service purchased. The characteristics of the service selected will be specified during the purchase process.
3.2 Purchase procedure
Each stage, from the choice of service to the forwarding of the order, is part of the purchase procedure. The user is asked to choose the desired service and to verify his/her purchase choice. After checking the information visible in the purchase choice, the user can place the order by forwarding it. The sending of the order by the user determines the conclusion of the contract and creates the obligation for the user to pay the price, taxes and any additional charges and expenses, as specified on the order page. In the event that the purchased service requires an action by the user, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the obligation for the user to cooperate accordingly. Once the order has been forwarded, the user will be sent a confirmation of receipt of the order. The purchased service will be performed or made available within the times indicated on the website or according to the methods communicated before the order is forwarded.
3.3 Payments
During the purchase process and before submitting the order, the user is duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to him. The prices indicated on the website include all applicable commissions, taxes and costs. Details regarding the accepted payment methods are highlighted during the purchase process. Some payment methods are linked to additional conditions or involve additional costs. Detailed information is provided in the relevant section of the website. All payments are managed independently by third-party services. Therefore, T&BFIT CONSULTING LLP does not collect data relating to the payment, but receives a notification once the payment has been successful. In the event that the payment made with one of the available methods fails or is rejected by the payment service provider, T&BFIT CONSULTING LLP is not obliged to execute the order. In the event that the payment is not successful, T&BFIT CONSULTING LLP reserves the right to request the user to reimburse any related expenses or damages. In the event that the user authorizes the PayPal function that allows future purchases, T&BFIT CONSULTING LLP will store an identification code linked to the user’s PayPal account. In this way, it will be possible to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase. The authorization can be revoked at any time by contacting T&BFIT CONSULTING LLP or by changing the personal PayPal settings. Until T&BFIT CONSULTING LLP receives payment of the full purchase price, the user does not acquire the rights to use the ordered service.
3.4 Promotions and discounts
T&BFIT CONSULTING LLP may offer discounts or special promotions for the purchase of services. Such promotions or discounts are always subject to the requirements and conditions set out in the relevant section of the website. Promotions and offers are always granted at the sole discretion of T&BFIT CONSULTING LLP . Repeated or periodic promotions or discounts do not constitute any claim or right that may be enforced by the user in the future. Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the headquarters of T&BFIT CONSULTING LLP .
3.5 Subscriptions
Thanks to the subscription, the user receives a service on a continuous or periodic basis. The fixed-term paid subscription starts from the day on which T&BFIT CONSULTING LLP , within seven working days of receiving the requested information, forwards the contents of the purchased service to the user and remains active for the subscription duration chosen by the user or otherwise indicated during the purchase procedure. Once the subscription duration has expired, the service will no longer be accessible and so will the account connected to its use.
3.6 Withdrawals and refunds
The user residing in the EU, United Kingdom, Switzerland, Norway or Iceland, who qualifies as a consumer, has the right by law to withdraw from the contract concluded remotely within fourteen days of its conclusion for any reason and without the need for justification, unless he has renounced it independently. To exercise the right of withdrawal, the user must send T&BFIT CONSULTING LLP an unequivocal communication of his intention to withdraw from the contract within the aforementioned term, by sending an email to info@asiabaldonifitness.com. In this case, the user refrains from using any content or service received and from making it available to third parties, while T&BFIT CONSULTING LLP undertakes to refund all payments received; however, the return costs are at the user’s expense. The refund will be made without undue delay and in any case within fourteen days from the day on which T&BFIT CONSULTING LLP was informed of the user’s decision to withdraw from the contract. Unless otherwise agreed with the user, the refund will be made using the same payment method used for the initial transaction. The user will not have to bear any costs as a consequence of the withdrawal. In any case, there is no right of withdrawal after the complete provision of the Service, when the execution has begun with the prior express consent of the user and the acceptance of losing the right of withdrawal following the complete execution of the contract by T&BFIT CONSULTING LLP.
INTELLECTUAL PROPERTY RIGHTS
4.1 Service Content, Software and Trademarks
You acknowledge and agree that the Service may contain content or functionality (“Service Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights and laws. Except as expressly authorized by T&BFIT CONSULTING LLP , you agree not to modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Service or its content or functionality, in whole or in part, other than by content that you lawfully upload to the Service. In connection with your use of the Service, you will not employ or utilize any data mining, robots, scraping or similar data gathering or extraction methods. If you are prevented from accessing the Service in any way by T&BFIT CONSULTING LLP (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). Any use of the Service or its content or features other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection with the Service are the property of T&BFIT CONSULTING LLP and its partners. You agree not to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any rights in such technology or software. All rights not expressly granted herein are reserved by T&BFIT CONSULTING LLP. The T&BFIT CONSULTING LLP name and logos are trademarks of T&BFIT CONSULTING LLP. Other T&BFIT CONSULTING LLP names and logos, as well as products and services, used and displayed through the Service may be the trademarks of their respective owners, who may or may not endorse, or be affiliated with or connected to, T&BFIT CONSULTING LLP. Nothing in these Terms and Conditions or in the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the T&BFIT CONSULTING LLP trademarks displayed on the Service without the prior written permission of T&BFIT CONSULTING LLP. All goodwill generated from the use of T&BFIT CONSULTING LLP trademarks will inure to the exclusive benefit of T&BFIT CONSULTING LLP. These prohibitions also apply to reverse engineering in general and recreation, even manual and under another name, of T&BFIT CONSULTING LLP content. You are also prohibited, unless otherwise agreed, from promoting or participating in any way in the organization of content, courses and training activities that reproduce T&BFIT CONSULTING LLP courses and methods. Subject to the limitations and exclusions set forth in the copyright law, T&BFIT CONSULTING LLP shall not be liable in any way for any content or materials of any third party or user, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of such content. You acknowledge that T&BFIT CONSULTING LLP does not pre-screen content and that T&BFIT CONSULTING LLP and its designees shall have the right, but not the obligation, in their sole discretion, to refuse or remove any content that is available via the Service. Without limiting the foregoing, T&BFIT CONSULTING LLP and its designees shall have the right to remove any content that violates these Terms and Conditions or the law, or that T&BFIT CONSULTING LLP, in its sole discretion, determines to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
4.3 User Content Transmitted Through the Service
With respect to content or other materials that you upload through the Service or share with other users or recipients, collectively referred to as “User Content,” you represent and warrant that you own all right, title and interest in and to such content, including, without limitation, all copyright and publicity rights therein, and that you have all rights required to post or transmit such content or other materials without infringement of any third-party rights. By uploading any content, you grant T&BFIT CONSULTING LLP and its partners (including, but not limited to, T&BFIT CONSULTING LLP instructors, professionals and other third parties who provide educational information through the Services) a non-exclusive, worldwide, royalty-free, fully-paid, transferable, sublicensable, perpetual, irrevocable right to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), archive, modify and otherwise use and fully exploit your content in any medium, form, media, technology or distribution method now known or later developed and for any purpose (commercial or otherwise). To the extent permitted by law, you waive any moral rights in connection with the content you supply. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Service, collectively, “Submissions,” provided by you to T&BFIT CONSULTING LLP or its partners are non-confidential and T&BFIT CONSULTING LLP and its partners shall be entitled to the unrestricted use and dissemination of such Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that T&BFIT CONSULTING LLP may preserve Content, and may also disclose Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable law or governmental request; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of T&BFIT CONSULTING LLP, its users and the public. Content intended to be made public will be automatically published on the website after uploading or, at T&BFIT CONSULTING LLP’s discretion, at a later time. No personal, identifying or other information relating to you (such as your user ID, avatar or nickname, etc.) will appear in connection with the content you post unless you choose otherwise on your own initiative. Confidential content you provide will remain private and will not be shared with third parties or with T&BFIT CONSULTING LLP without your express consent. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You are solely responsible for the content you upload, post, share or otherwise provide. You acknowledge and agree that T&BFIT CONSULTING LLP does not filter or moderate such content. However, T&BFIT CONSULTING LLP reserves the right to remove, delete or block such content at its sole discretion and to deny access to the Service to the user who uploaded it without notice: (a) when it becomes aware of a (alleged) violation of these Terms, of third party rights or of applicable law, in relation to such content; (b) if it has received a notification of violation of intellectual property rights; (c) if it has received a notification of violation of the privacy of third parties, including their intimate sphere; (d) by order of the Authority; or (e) if it has been brought to T&BFIT CONSULTING LLP’s attention that such content, if accessible, may represent a risk for users, for third parties or for the availability of the Service. The removal, deletion or blocking of content does not justify any claim for compensation, reimbursement or indemnity by the user who provided such content. You agree to hold T&BFIT CONSULTING LLP harmless from and against any claims made and/or damages suffered as a result of such content.
4.4 No Health and Medical Liability
T&BFIT CONSULTING LLP does not provide medical advice. T&BFIT CONSULTING LLP provides only general information relating to health, wellness and exercise through its Service. You acknowledge and agree that the Service is not intended to be and will not be used as a substitute for medical treatment by a healthcare provider. You agree to consult with your physician before beginning any exercise or wellness practice and to follow the advice of your physician accordingly. You acknowledge that you accept the risks and dangers inherent in participating in new or strenuous exercise, wellness and health. You agree that T&BFIT CONSULTING LLP will not be liable for any injury, loss or damage resulting from your access to or practice of the health, wellness and/or exercise content of the Service. In no event shall the Service provided by T&BFIT CONSULTING LLP be construed as medical or physiotherapy advice and in no event shall it replace medical advice and treatment.
4.5 Copyright Complaints
If you believe in good faith that any material on the Sites infringes your copyright, please send an email to info@asiabaldonifitness.com with the following information:
identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that you claim has been infringing or is to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- INDEMNIFICATION FOR U.S. USERS
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless T&BFIT CONSULTING LLP and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims, demands, damages, obligations, losses, liabilities, burdens, debt or expenses, including without limitation attorneys’ fees and expenses, arising from:
your use of or access to the Service, including any data or content transmitted or received by you;
your violation of these Terms and Conditions, including, without limitation, any breach by you of any representation or warranty set forth in these Terms and Conditions;
your violation of any third party right, including, but not limited to, any right of privacy or intellectual property;
your violation of any applicable law, rule or regulation;
any content submitted from your account, including, but not limited to, misleading, false or inaccurate information, including access by someone else using your username and password or other security measures, if any;
your malicious conduct; or
your violation of any law by you or your affiliates, officers, agents, co-branders, partners, suppliers and employees.
DISCLAIMER OF WARRANTIES FOR USERS
Use of the Service is at your sole risk. The Service is provided “as is” and “as available.” To the maximum extent permitted by law, the Owner expressly disclaims all conditions, representations, and warranties of any kind — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from the Owner or through the Service will create any warranty not expressly stated herein. T&BFIT CONSULTING LLP and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees make no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations, (v) specific athletic and/or general physical improvement results will be achieved with any degree of probability. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. T&BFIT CONSULTING LLP does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service. Further, T&BFIT CONSULTING LLP does not participate in or in any way monitor any transaction between Users and third-party providers of products or services. The Service may become inaccessible or not function properly with the User’s browser, device, and/or operating system. T&BFIT CONSULTING LLP cannot be held responsible for any damages, whether perceived or actual, arising from the content, operation, or use of the Service. The limitations and exclusions set forth in this provision shall apply to the maximum extent permitted by law.
LIMITATION OF LIABILITY
7.1 Australian Users
Nothing in these Terms and Conditions excludes, limits or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 or any similar state and territory legislation and which is a right which cannot be excluded, limited or modified (a non-excludable right). To the maximum extent permitted by law, T&BFIT CONSULTING LLP’s liability to you, including liability for a breach of a non-excludable right and any liability not otherwise excluded under these Terms and Conditions, is limited, at T&BFIT CONSULTING LLP’s option, to the re-supply of the Service or the payment of the cost of having it supplied again. 7.2 U.S. Users
To the maximum extent permitted by applicable law, you acknowledge and agree that in no event shall T&BFIT CONSULTING LLP, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for:
any indirect, punitive, special, consequential or exemplary damages, including, without limitation, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or your account or the information contained therein;
any errors, deficiencies or inaccuracies in any content;
personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service;
any unauthorized access to T&BFIT CONSULTING LLP’s secure servers and/or any personal information stored therein;
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any user or third party.
In no event shall T&BFIT CONSULTING LLP and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount greater than the amount paid by the User to the Owner in the preceding 12 months, or the duration of this Agreement between the Owner and the User, whichever is shorter.
APPLICABLE LAW, JURISDICTION AND AMICABLE RESOLUTION OF DISPUTES
Unless otherwise specified, these Terms and Conditions are governed by the law of the place where T&BFIT CONSULTING LLP is established. However, if the law of the country where you are located provides a higher level of consumer protection, such higher level of protection prevails. The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the court of the place where T&BFIT CONSULTING LLP is established. However, in the case of a user residing in the EU, United Kingdom, Switzerland, Norway or Iceland, who qualifies as a consumer, the court of the place of domicile or residence of the consumer according to the applicable law or, at the consumer’s choice, the court of the place where T&BFIT CONSULTING LLP is established shall have jurisdiction. We also inform you that the European Commission provides a platform for alternative out-of-court resolution of disputes, accessible on the website http://ec.europa.eu/odr. In any case, the user is requested to contact T&BFIT CONSULTING LLP directly, by sending an email to info@asiabaldonifitness.com, in order to reach, as far as possible, an amicable resolution of any disputes that may arise.
TERMINATION
You agree that T&BFIT CONSULTING LLP, in its sole discretion and at any time, may suspend or terminate your account, or any part thereof, or terminate your use of the Service, or any part thereof, or remove any content therein, for any violation of law or these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service may be reported to law enforcement authorities. You further agree that T&BFIT CONSULTING LLP will not be liable to you or any third party for any termination of your access to the Service. You further agree that under no circumstances will T&BFIT CONSULTING LLP be liable for any delay or failure to perform resulting directly or indirectly from an event beyond its reasonable control.
- DISPUTES BETWEEN USERS
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and you release T&BFIT CONSULTING LLP from any and all liability in this regard. T&BFIT CONSULTING LLP reserves the right, but does not assume the obligation, to become involved in any way in disputes between you and any other user of the Service.
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By registering and/or purchasing one of the services offered by T&BFIT CONSULTING LLP, the user expressly declares that he/she has read, understood and accepted the following clauses: “1.4 Modifications to the Terms”, “1.5 No Implied Waivers”, “1.6 Safeguard Clause”, “2.2 Registration Obligations”, “2.3 Closure, Suspension and Cancellation of Accounts”, “2.4 Modifications to the Service”, “2.5 General Practices Regarding Use and Retention”, “2.10 User Conduct”, “2.12 Commercial Use”, “3.2 Purchase Procedure”, “3.3 Payments”, “3.5 Subscriptions”, “3.6 Withdrawals and Refunds” “4.1 Service Content, Software and Trademarks”, “4.2 Third Party Material”, “4.3 User Content Transmitted Through the Service”, “4.4 No Health and Medical Liability”, “5. Indemnity for US Users”, “6. “Disclaimer of Warranties for US Users”, “7.1 Australian Users”, “7.2 US Users”, “8. Governing Law, Jurisdiction and Amicable Resolution of Disputes”, “9. Resolution”.