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Terms & Policies

PRIVACY POLICY

OWNER AND DATA CONTROLLER

Amomedia Limited

AMOMEDIA LIMITED, FLORINIS 7, GREG TOWER, 2ND FLOOR, 1065, NICOSIA, CYPRUS

Contact email: support@bodyfitplan.me

BY USING THE SERVICE, USER HEREBY WARRANT AND REPRESENT THAT (I) USER HAVE READ, UNDERSTAND AND AGREE TO THIS PRIVACY POLICY, (II) USER ARE OF SUFFICIENT LEGAL AGE TO USE THE SERVICE IN THE JURISDICTION IN WHICH USER RESIDE, BUT NOT YOUNGER THAN 13 YEARS AGE (OR ARE A PARENT OR GUARDIAN WITH SUCH AUTHORITY TO AGREE TO THIS PRIVACY POLICY FOR THE BENEFIT OF SUCH USER).

  1. TERMS AND DEFINITIONS
    • “Service” means BodyFit Meal Plan, online service, that is also the mean by which the Personal Data of the User is collected and processed.
    • “Cookies” means portions of code that is transferred to a User’s device assisting the Owner in providing the Service according to the purposes described. The User may find out more about the use of cookies on http://www.cookiecentral.com/.
    • “Data Controller” (or “Owner”) means the natural or legal person, public authority, agency or another body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of the Service. The Data Controller, unless otherwise specified, is the Owner of the Service.
    • “Data Processor” means the natural or legal person, public authority, agency or another body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
    • “Data Subject” means the natural person to whom the Personal Data refers.
    • “Personal Data” (or “Data”) means any information that directly, indirectly, or in connection with other information – including a personal identification number – allows for the identification or identifiability of a natural person.
    • “Usage Data” means information collected automatically through the Service (or third-party services employed in the Service), which can include: the IP addresses or domain names of the computers utilized by the Users who use the Service, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent within the Service) and the details about the path followed within the Service and other parameters about the device operating system and/or the User’s IT environment.
    • “User” means the individual using the Service who, unless otherwise specified, coincides with the Data Subject.
    • “Service” means the service provided by the Service as described in it and in the relative terms (if available).
    • Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
  2. TYPES OF DATA COLLECTED
    • Among the types of Personal Data that the Service collects, by itself or through third parties, there are: Cookies, Usage Data, various types of Data and unique device identifiers for advertising (IDFA, for example).
    • Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using the Service.
    • Unless specified otherwise, all Data requested by the Service is mandatory and failure to provide this Data may make it impossible to use the Service. In cases where the Service specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
    • Any use of Cookies – or of other tracking tools – by the Service or by the owners of third-party services used by this Service serves the purpose of providing the service required by the User.
    • The Service does not collect and is not responsible for the collection or security of payment information. Payment information is processed and stored using third-party payment providers (such as PayPal). The company can be contacted through its website. Before entering your personal details, we suggest User to read and become familiar with the privacy policy of PayPal.
  3. MODE OF PROCESSING THE DATA
  4. Methods of processing
    • The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
    • The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
  1. The legal basis of processing
  • The Owner may process Personal Data relating to Users if one of the following applies:
    • provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
    • processing is necessary for compliance with a legal obligation to which the Owner is subject;
    • processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
  • In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
  1. Retention time
  • Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore:
    • Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
    • Personal Data collected for the purposes of the Owner’s legitimate interests and compliance with a legal obligation to which the Owner is subject shall be retained as long as needed to fulfill such purposes.
  • The Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of authority.
  • Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.
  1. THE PURPOSES OF PERSONAL DATA PROCESSING
    • The purposes of Personal Data processing are as follows:
      • To provide the Service. This includes use of data to support delivery of the Service under the Terms of Service, including, without limitation: to provide access to certain functionalities, and features of the Service, to ensure that content provided by the Service is presented in the most effective manner, to prevent or address Service errors or technical issues.
      • To customize the User experience. Owner uses the Personal Data and Usage Data to tailor the Service content and make offers to User personal preferences.
      • To provide customer support. The owner may use Personal Data to respond to User requests, questions, comments regarding customer or technical support issues, the Service related information or to any other communication User initiate.
      • To perform research and analysis about the use of the Service. The owner may use Personal Data to better understand its business, analyze its operations, maintain, improve, innovate, plan, design and develop the Service and its new products. The owner may also use Personal Data for statistical analysis purposes to test and improve the offers.
      • To send User marketing communications. The owner may use Personal Data to provide User with information of commercial or promotional nature concerning the Service or other Owner`s products that may be relevant to User and enable Owner to measure the success of its marketing activities.
      • To detect and resolve any fraud or other illegal or undesirable user behavior. Owner uses Personal Data to protect the security of the Service, detect and prevent fraud or abuse, resolve disputes and enforce our agreements and contractual commitments. This purpose may also include the processing of data to the extent when Owner has a good faith belief that such processing is reasonably necessary to comply with a law, regulation or compulsory legal request, to protect the safety of any person from death or serious bodily injury.
      • To optimize advertising. Owner and its service providers may use Personal Data to inform, optimize and serve to advertise based on User past use of the Service. This activity is performed by tracking automatically collected Usage Data and by using other information that is transferred to the service providers that manage the remarketing and behavioral targeting activity. The User may opt out of these practices by visiting the opt-out page depending on the geographic location.

For Australia: Australian Digital Advertising Alliance

Fro Canada: Digital Advertising Alliance of Canada

For Europe: European Digital Advertising Alliance

For the United States: Digital Advertising Alliance; Network Advertising Initiative.

The User may also opt out from remarketing and behavioral targeting provided by Facebook, as provided here.

  1. DATA TRANSFER TO THIRD PARTIES
    • The Owner may share Personal Data with service providers for analytical, advertising and other purposes so that the Owner can better consider new features or otherwise tailor or enhance the Service, particularly:
  • Amazon Web Services (AWS) (Amazon Web Services, Inc.) Amazon Web Services is a hosting and backend service provided by Amazon.com Inc. Personal Data collected: various types of Data as specified in the privacy policy of the service. Place of processing: Ireland – Privacy Policy.
  • Appsflyer (AppsFlyer Ltd). Appsflyer is an analytics service provided by AppsFlyer Ltd. Personal Data collected: Cookies and Usage Data. Place of processing: Israel – Privacy PolicyOpt Out.
  • Facebook Analytics for Apps (Facebook, Inc.) Facebook Analytics for Apps is an analytics service provided by Facebook, Inc. Personal Data collected: Usage Data and various types of Data as specified in the privacy policy of the service. Place of processing: United States – Privacy Policy. Privacy Shield participant.
  • Google Analytics for Firebase (Google Inc.) Google Analytics for Firebase or Firebase Analytics is an analytics service provided by Google Inc. In order to understand Google’s use of Data, consult Google’s partner policy. This Service uses identifiers for mobile devices (including Advertising Identifier for iOS) and technologies similar to cookies to run the Firebase Analytics service. Users may opt-out of certain Firebase features through applicable device settings, such as the device advertising settings for mobile phones or by following the instructions in other Firebase related sections of this privacy policy, if available. Personal Data collected: Cookies, unique device identifiers for advertising (IDFA, for example) and Usage Data. Place of processing: United States – Privacy Policy.
  1. DATA TRANSFER OUTSIDE THE EU
    • The Owner may transfer Personal Data to Data Processors around the world in accordance with this privacy policy. Personal Data collected by the Owner will be transferred to the United States, Israel, and Ukraine for the purposes as described in this privacy policy. These data transfers are necessary to provide the Service to the User.
    • The Owner is allowed to transfer Personal Data collected within the EU to third countries (i.e. any country not part of the EU) only pursuant to a specific legal basis. Any such Data transfer is based on one of the legal bases described below:
      • Data transfer abroad based on standard contractual clauses. If this is the legal basis, the transfer of Personal Data from the EU to third countries is carried out by the Owner according to “standard contractual clauses” provided by the European Commission. This means that Data recipients have committed to process Personal Data in compliance with the data protection standards set forth by EU data protection legislation. For further information, Users are requested to contact the Owner through the contact details provided in the present document.
      • Data transfer abroad based on consent. If this is the legal basis, Personal Data of Users shall be transferred from the EU to third countries only if the User has explicitly consented to such transfer, after having been informed of the possible risks due to the absence of an adequacy decision and appropriate safeguards. In such cases, the Owner shall inform Users appropriately and collect their explicit consent via this Service.
      • Data transfer from the EU to the U.S based on Privacy Shield. If this is the legal basis, the transfer of Personal Data from the EU or Switzerland to the US is carried out according to the EU – U.S. Privacy Shield. In particular, Personal Data is transferred to services that self-certify under the Privacy Shield framework and therefore guarantee an adequate level of protection of such transferred Data.
  1. FURTHER INFORMATION ABOUT PERSONAL DATA
    • Users declare themselves to be adult according to their applicable legislation. Minors may use the Service only with the assistance of a parent or guardian. Under no circumstance, persons under the age of 13 may use the Service.
  2. THE RIGHTS OF EU USERS
    • Users from the European Union (“EU Users”) may exercise certain rights regarding their Data processed by the Owner. In particular, EU Users have the right to do the following:
      • Object to processing of their Data. EU Users have the right to object to the processing of their Data.
      • Access their Data. EU Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
      • Verify and seek rectification. EU Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
      • Restrict the processing of their Data. Where Personal Data is processed for legitimate interests, f. e. for direct marketing purposes pursued by the Owner, EU Users may object to such processing by providing a ground related to their particular situation to justify the objection.
      • Have their Personal Data deleted or otherwise removed. EU Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
      • Receive their Data and have it transferred to another controller. EU Users have the right to receive their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on a contract which the EU User is part of or on pre-contractual obligations thereof.
      • Lodge a complaint. EU Users have the right to bring a claim before their competent data protection authority.
      • Any requests to exercise EU User rights can be directed to the Owner through the contact details provided in hereunder. These requests will be addressed by the Owner as early as possible and always within one month.
  1. COOKIES
    • This Service uses Cookies to save the User’s session and to carry out other activities that are strictly necessary for the operation of this Service.
    • Some of the services listed in Section 5 above collect statistics in an anonymized and aggregated form and may not require the consent of the User or may be managed directly by the Owner – depending on how they are described – without the help of third parties.
    • With regard to Cookies installed by third parties, Users can manage their preferences and withdrawal of their consent by clicking the related opt-out link (if provided), by using the means provided in the third party’s privacy policy, or by contacting the third party.
    • Notwithstanding the above, the Owner informs that Users may follow the instructions provided on the subsequently linked initiatives by the EDAA (EU), the Network Advertising Initiative (US), Digital Advertising Alliance (US) and the DAAC (Canada) or other similar services.
    • Since the installation of third-party Cookies and other tracking systems through the services used within this Service cannot be technically controlled by the Owner, any specific references to Cookies and tracking systems installed by third parties are to be considered indicative. In order to obtain complete information, the User is kindly requested to consult the privacy policy for the respective third-party services listed in this document.
    • Given the objective complexity surrounding the identification of technologies based on Cookies, Users are encouraged to contact the Owner should they wish to receive any further information on the use of Cookies by the Service.
  2. ADDITIONAL INFORMATION ABOUT DATA COLLECTION AND PROCESSING
  3. Legal action
    • The User’s Personal Data may be used for legal purposes by the Owner in court or in the stages leading to possible legal action arising from improper use of the Service or the related Service.
    • The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
  1. System logs and maintenance
  • For operation and maintenance purposes, the Service and any third-party services may collect files that record interaction with the Service (system logs) use other Personal Data (such as the IP address) for this purpose.
  1. How “Do Not Track” requests are handled
  • The Service does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
  1. Changes to this privacy policy
  • The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within the Service and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to the Owner. If a User objects to any of the changes to the policy, the User must cease using the Service and can request that the Owner remove the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Owner has about Users.

 

Last updated: 09.04.2019

TERMS OF SERVICE

  1. LEGALLY BINDING AGREEMENT; AMENDMENTS
    • BodyFit Meal Plan as a service and the content available via the BodyFit Meal Plan is developed, operated and distributed by Amomedia Limited (“we” “us” “our” or the “Company”). The service delivered, the content, tools, transactions available by using the BodyFit Meal Plan, are collectively referred to as the “Service”.
    • Your access and use of the Service constitute your agreement to be bound by these Terms and Conditions of Use (the “Terms”), which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.
    • Supplemental terms, policies or documents that may be posted at the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
    • We will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change.
    • It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.
    • THESE TERMS CONTAIN DISCLAIMERS (SECTIONS 2 AND 14), LIMITATION OF LIABILITY (SECTION 15) AND PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 11, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 11.

 

  1. IMPORTANT DISCLAIMERS
    • THE COMPANY DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, HEALTH INSURANCE OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS OR WELLNESS OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION (COLLECTIVELY, “HEALTHCARE SERVICES”).
    • THE SERVICE MAY NOT BE APPROPRIATE FOR ALL PERSONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL, WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL HEALTH AND FITNESS GOALS. YOU ACKNOWLEDGE THAT YOUR EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INVOLVE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE SERVICE, AND AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICE.
    • YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE AND EFFECTIVE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING, AS WELL AS THE HEALTH, LIVES AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.
    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE, WHETHER PROVIDED BY US OR THIRD PARTIES (EVEN IF THEY ARE CLAIMING TO BE A DOCTOR) IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (I) THE ADVICE OF YOUR PHYSICIAN OR OTHER PROFESSIONALS, (II) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (III) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE SERVICE. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. IF YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
    • YOUR USE OF THE SERVICE DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.
    • THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT FOOD RECIPES, EXERCICES OR OTHER CONTENT ON THE SERVICE. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE FOOD PRODUCTS, WHETHER ONLINE OR ON THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGEN AND CONTACT INFORMATION, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A FOOD PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY.
    • WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO AN AVERAGE PERSON, AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.
    • EACH INDIVIDUAL’S HEALTH, FITNESS, AND NUTRITION SUCCESS DEPENDS ON HIS OR HER BACKGROUND, DEDICATION, DESIRE, AND MOTIVATION. AS WITH ANY HEALTH-RELATED SERVICE, YOUR RESULTS MAY VARY, AND WILL BE BASED ON MANY VARIABLES, INCLUDING BUT NOT LIMITED TO, YOUR INDIVIDUAL CAPACITY, LIFE EXPERIENCE, UNIQUE HEALTH AND GENETIC PROFILE, STARTING POINT, EXPERTISE, AND LEVEL OF COMMITMENT. THE USE OF THE SERVICE SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOUR PHYSIQUE THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE AND USE OF THE SERVICE.
    • IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, THE COMPANY DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICE. YOU ARE ENCOURAGED TO CONSULT WITH YOUR DOCTOR AND OTHER RELEVANT PROFESSIONALS WITH REGARD TO THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE SERVICE.

 

  1. USE OF SERVICE; AGE RESTRICTIONS
    • The Service provides its users with a personalized meal plan and individual exercises suggestions. In order to use the Service, you must provide certain information about yourself.
    • If you use the Service, you represent and warrant to the Company that: (i) all required information you submit is truthful and accurate; (ii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.
    • The Service is not intended to be used by individuals under the age of 18. You hereby represent and warrant to the Company that you meet the foregoing qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
    • The Company reserves the right to suspend or terminate your use of Service, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
    • By using the Service, you agree to receive certain communications, such updates on the Service or a periodic e-mail newsletter from the Company. You can opt-out of non-essential communications by unsubscribing from the email notification.
    • The Service may be modified, updated, interrupted or suspended at any time without notice to you or our liability.

 

  1. OTHER ASPECTS OF SERVICE; USER CONSENT
    • You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by the Company to operate the Service (excluding any User Content, as defined below) is proprietary to us or to third parties.
    • The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
    • The information you submit to us, and any data, text and other material that you may submit or post to the Service (“User Content”) remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such information and the User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.
    • You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service.
    • Subject to these Terms, the Company grants you a non-transferable, non-exclusive, license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes.
    • You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.
    • Your access to and use of the Service is at your own risk. The Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.
    • The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company’s sole discretion.

 

  1. USER REPRESENTATIONS
    • By using the Service, you represent and warrant that:
      • you have the legal capacity and you agree to comply with these Terms;
      • you are of legal age as established by your respective state or country of residence;
      • you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Service;
      • you will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
      • you will not use the Service for any illegal or unauthorized purpose;
      • you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country;
      • you are not listed on any U.S. government list of prohibited or restricted parties; and
      • your use of the Service will not violate any applicable law or regulation.
      • you own all rights, including the intellectual property rights, to your User Content, and your User Content does not infringe the intellectual property rights, privacy rights and other legal rights of third parties.
    • If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).
    • You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
    • As a user of the Service, you agree not to:
      • systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
      • make any unauthorized use of the Service;
      • make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
      • use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
      • make the Service available over a network or other environment permitting access or use by multiple devices or users at the same time;
      • use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
      • use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
      • circumvent, disable, or otherwise interfere with security-related features of the Service;
      • engage in unauthorized framing of or linking to the Service;
      • interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
      • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
      • attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
      • upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
      • use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
      • use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
      • disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
      • use the Service in a manner inconsistent with any applicable laws or regulations; or
      • otherwise infringe these Terms.

 

  1. BILLING AND REFUNDS
    • Through the Service you may purchase personalized meal plan and individual exercises suggestions (“Purchase”). The cost of the Purchase is provided within the Service.
    • Purchase within the Service can be performed by using any acceptable payment method accepted by the Service.
    • By using the Service, you agree to be bound by the Money Back Policy, which is incorporated into these Terms.
    • You agree that Purchase is final, that Company will not refund any transaction once it has been made and that the Purchase cannot be canceled. Notwithstanding the foregoing, you may be eligible to receive a refund provided that you fulfill the requirements stated in the Money-Back Policy. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you order the Purchase, you acknowledge and agree that you accept and consume the Purchase promptly once your Purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 6.3, your Purchase is complete at the time our servers validate your Purchase and the applicable Purchase is successfully delivered to you.

 

  1. THIRD-PARTY CONTENT
    • The Service may include advertisements and other information, which may be targeted to the content or information on the Service (including User Information), queries made through the Service, or any other information. The types and extent of advertising by us on the Service are subject to change.
    • You accept that, in consideration of the use of the Service, we and/or other third parties associated with it may include and distribute advertising material, both its own and belonging to third parties, at any time on the Service, in the User Content and/or in the Service. We simply provide the space to place such advertisements, and we have no other relationship with advertisers. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or relating to any applications you use or install from the Service through advertising at your own risk. You agree and acknowledge that we do not endorse the products or services offered on third-party resources and you shall hold us harmless from any harm caused by any third-party content or your purchase of such products or services.

 

  1. USER DATA
    • We care about data privacy and security. Please review our Privacy Policy. It contains information that you should review prior to using the Service.
    • By using the Service, you agree to be bound by the Privacy Policy, which is incorporated into these Terms.

 

  1. TERM AND TERMINATION
    • These Terms shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE, WITHOUT WARNING, IN OUR SOLE DISCRETION.
    • In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress re your activities during the time you used the Service for which you may be held liable, even after any expiration or termination of these Terms within the limitation period in applicable laws.

 

  1. MODIFICATIONS AND INTERRUPTIONS
    • We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you.
    • We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
    • We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.
    • You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service.
    • Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

 

  1. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
    • PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
    • YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
    • YOU AND THE COMPANY, AND EACH OF ITS RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE PRIVACY POLICY, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION.
    • Arbitration is more informal way to settle disputes than a lawsuit in court. A neutral arbitrator instead of a judge or jury is used in arbitration, which allows for more limited discovery than in court, and is subject to very limited review by courts. The same damages and relief that a court can award can be awarded by arbitrators. Please see more information about arbitration at http://www.adr.org.
    • A party which intends to seek arbitration must first send to the other a written notice of intent to arbitrate (a “Notice”) by an international courier with a tracking mechanism, or, in the absence of a mailing address provided by you to us, via any other method available to us, including via e-mail. The Notice to the Company must be addressed to: Makarios III,, 33, FRIXOS CENTER Business Court, 3rd Floor, Office 306, Larnaca, Cyprus, 6017 (as applicable, the “Arbitration Notice Address”). The Notice shall (i) describe the basis and nature of the claim or dispute; and (ii) set the specific relief sought (the “Demand”). If you and the Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or we may commence an arbitration proceeding as set forth below or file an individual claim in small claims court.
    • THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THESE TERMS.
    • If you commence arbitration against us, you are required to provide a second Notice to the Company at the Arbitration Notice Address within seven (7) days of arbitration commencement. The Rules and AAA forms are available online at http://www.adr.org. Unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee, if you are required to pay a filing fee to commence an arbitration against us, then we will promptly reimburse you for your confirmed payment of the filing fee upon our receipt of the second Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee.
    • The arbitration shall be conducted exclusively in English. A single, independent and impartial arbitrator with his or her primary place of business in Alexandria, Virginia (if you are from the United States) or in Limassol, Republic of Cyprus (if you are not from the United States) will be appointed pursuant to the Rules, as modified herein. You and the Company agree to comply with the following rules, which are intended to streamline the arbitration process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
    • TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THE COMPANY AGREE THAT YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
    • The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration clause can be enforced against a non-party to this agreement and whether a non-party to these Terms can enforce its provision against you or us.
    • Barring extraordinary circumstances, the arbitrator will issue his or her final, confidential decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days upon a showing of good cause and in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the Commonwealth of Virginia without regard to its conflicts of laws principles in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act (“FAA”) will govern the interpretation, enforcement, and proceedings pursuant to this Section 11. Any award rendered shall be final, subject to appeal under the FAA.
    • The abovestated provisions of this Section 11 shall not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, patents, or other intellectual property. For the avoidance of doubt, you agree that, in the event the Company or a third party breaches these Terms, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against us, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in these Terms.
    • You and we agree that, notwithstanding any other rights a party may have at law or in equity, any claim arising out of or related to these Terms (including the Privacy Policy) or the Service, excluding a claim for indemnification, must be initiated with the AAA or filed in small claims court in Alexandria, Virginia within one (1) year after the claim accrues. Otherwise, such cause of action is permanently and forever barred. This one (1) year period includes the thirty (30) day pre-dispute procedure set forth in sub-clause 13.5 above.
    • All claims you bring against the Company must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, the Company may recover attorneys’ fees and reimbursement of its costs, provided that the Company has notified you in writing of the improperly filed claim, and you fail to promptly withdraw such claim.
    • In the event that we make any material change to this arbitration provision (other than a change to our Arbitration Notice Address), you may reject any such change by sending us written notice to our Arbitration Notice Address within thirty (30) days of the change, in which case your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of these Terms.
    • If only clause 123.9 paragraph above or the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 12 will govern any action arising out of or related to this Agreement.
    • YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.
    • YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE SERVICE BY WRITING TO [support@bodyfitplan.me] OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

 

  1. GOVERNING LAW
    • The laws of the Republic of Cyprus, excluding its conflicts of law principles, govern these Terms and your use of the Service.
    • To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of:
      • the state and federal courts in the City of Alexandria, Virginia – if you are a resident of the United States; or
      • the courts of the Republic of Cyprus – if you are not a resident of the United States;

and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or inconvenient forum.

 

  1. CORRECTIONS
    • There may be information at the Service that contains typographical errors, inaccuracies, or omissions that may relate to the Service, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at the Service at any time, without prior notice.

 

  1. DISCLAIMER
    • THE SERVICE THE MATERIALS ON THE SERVICE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE IS PROVIDED IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    • WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S MATERIALS OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS WE USE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
    • THE INFORMATION ON THE SERVICE OR OTHERWISE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER WE NOR USERS OF THE SEERVICE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. WE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS, DIETS DISRIBES IN THE MEAL PLAN, ARTICLES ON THE SERVICE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE SITE.
    • YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION WHETHER SPOKEN OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
    • WAIVER OF CONSEQUENTIAL DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. LIMITATION OF LIABILITIES
    • IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM OR IN CONNECTION WITH THESE TERMS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $100.
    • YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING
    • CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

  1. INDEMNIFICATION
    • You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, contractors and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.
    • Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
    • Using the Service, sending us emails, and completing online forms constitute electronic communications, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and at the Service, satisfy any legal requirement that such communication be in writing.
    • YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE.
    • You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

  1. MISCELLANEOUS
    • These Terms and any policies or operating rules posted by us at the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
    • If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service.
    • We may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such assignment and transfer. You confirm that placing on the Service of a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of our rights and obligations under the Terms (unless otherwise is expressly indicated).
    • You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
  1. CONTACT DETAILS

AMOMEDIA LIMITED, FLORINIS 7, GREG TOWER, 2ND FLOOR, 1065, NICOSIA, CYPRUS

Contact email: support@bodyfitplan.me

 

Last updated: 09.04.2019

MONEY-BACK POLICY

100% MONEY-BACK GUARANTEE POLICY

You are eligible to receive a refund if you did not get visible results with our personalized meal plan and all of the following conditions are met:

  • you contact us within 30 days after you purchased our personalized weight loss kit; and
  • you have followed our personalized meal plan at least during 14 consecutive days within the first 30 days after the purchase; and
  • you are able to demonstrate that you have followed the personalized meal plan pursuant to the requirements stated below in Section “How to demonstrate that you have followed the plan”.

We will review your application and notify you (by email) whether your application is approved. If the application is approved, your refund will be processed, and a credit will be automatically applied to your credit card or original method of payment, within 14 days.

How to demonstrate that you have followed the plan

You can demonstrate that you have followed the personalized meal plan only if:

  • you provide photos or/and videos of all meals, which you have prepared/ordered according to our personalized meal plan; and
  • the meals were made according to the recipes provided by us in your personalized meal plan.

For the avoidance of doubt, the minimum number of meals depicted in your photos/videos should be equal to the aggregate number of meals made available to you in a personalized meal plan provided by us. For example, if your plan includes 6 meals a day, the total minimum number of the meals on the photos should be at least 84 (6 x 14).

IMPORTANT STATEMENT

Please note that only fulfillment of the above requirements allows you to receive a complete refund under “100% Money-back guarantee”. For the sake of clarity, this “100% Money-back guarantee” does not apply to any other instances, including, but not limited to, the following cases:

  • some of the ingredients from the personalized meal plan are not available in the place of your residence;
  • you think that you do not (1) have enough time to cook the meals contained in the personalized meal plan, (2) possess sufficient skills to prepare some the meals;
  • you do not have some of the utensils or/and equipment required for the preparation of meals contained in the personalized meal plan.

 

This Money Back Policy was posted on 10 January 2019. It is effective upon acceptance for new users and from 10 January 2019 for all other users. This Money Back Policy is incorporated into, and is subject to the Terms of Service unless otherwise provided for therein.

Last updated: 10.01.2019