Welcome to the Fitness 360 Website.
THESE T&CS REGULATE YOUR ACCESS AND USE OF OUR SITE (WWW.FITNESS360.ME). PLEASE READ THEM CAREFULLY BEFORE CONTINUING TO USE OUR SITE.
1.1 By continuing to Use Our Site, You acknowledge and agree that You have read, understood, accepted and agreed with these T&Cs.
1.2 You acknowledge and agree that if You did not to positively agree to these T&Cs then We do not intend for You, to have access to, or a right to Use, Our Site and any content comprised therein.
2.1 AC Sports Fit LLC, a limited liability company incorporated in Dubai, UAE, bearing License no. 645999 and having its registered office at PO Box 11096, Dubai, United Arab Emirates which is the duly authorised operator of the Fitness 360 brand within the GCC (“We”, “Our”, “Us”).
2.2 Our head office address is Plot No. 20125, Road No. S216, Jebel Ali Free Zone South, Dubai, United Arab Emirates.
2.3 We are the owner and/or licensor of Our Site and are in the business of providing the Products for sale online via Our Site.
2.4 You are the natural person who is presently visiting Our Site (“You”, “Your”, “Yours”).
3.1 You acknowledge and agree that these T&Cs strictly govern Your access to and Use of the Our Site including access to the Products offered for sale from time to time via Our Site.
3.2 By Using Our Site, You acknowledge and agree that You:
3.2.1 unconditionally accept these T&Cs;
3.2.2 shall at all times comply with these T&Cs; and
3.3 If You do not accept and agree to these T&Cs, You acknowledge and agree that You should immediately exit from and not Use Our Site.
4.1 Subject to Clause 4.2 and 4.3, and Your strict compliance with these T&Cs, We hereby grant You a revocable, royalty-free, non-exclusive, non-transferable licence to Use Our Site to browse and/or review Products offered for sale on Our Site.
4.2 Clause 4.1 is strictly conditional on You ensuring that You shall not (and shall not permit anyone else to):
4.2.1 reproduce, modify, distribute, transmit, post or disclose any content on Our Site without Our prior written approval which may be withheld in Our sole and absolute discretion;
4.2.2 modify, alter, modify or adapt all or any part of Our Site in any way;
4.2.3 remove any copyright, trademark or other proprietary notices displayed on Our Site;
4.2.4 Use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from Us or Our licensors;
4.2.5 modify the paper or digital copies of any materials You have printed off or downloaded in any way;
4.2.6 try to gain access to any other area of Our Site by hacking, password “mining” or any other illegitimate means;
4.2.7 link to, mirror or frame any part of Our Site without Our prior written approval which may be withheld in Our sole and absolute discretion; or
4.2.8 using Our Site or any content on Our Site for any unlawful activity and/or activity prohibited by these T&Cs, including offering similar or competing products for sale.
4.3 Where You breach these T&Cs, Your right to Use Our Site shall cease immediately.
5.1 You acknowledge and agree that You shall not (and shall not permit anyone else to) reproduce, modify, distribute, post, disclose or otherwise take or use Our IPR.
5.2 Our Site and all rights therein are and shall remain Our property or the property of Our licensors. Neither these T&Cs nor Your Use of Our Site shall convey or grant to You any rights:
5.2.1 in or related to Our Site except for the limited licence granted in Clause 4.1; or
5.2.2 to use or reference in any manner Our Marks or those of Our licensors.
5.3 All content and functionality on Our Site is the exclusive property of Us or Our licensors and is protected by the laws of the Emirate of Dubai and the Federal laws of the United Arab Emirates and international intellectual property laws.
5.4 The Marks displayed on Our Site are IPR owned by Us and/or Our licensors. You shall not use or reproduce any Marks of, or imply any endorsement by or relationship with, Us or Our licensors.
6.1 You warrant and represent to Us as at the agreement date and at all times during the validity of this agreement that:
6.1.1 all information You submit to Our Site is accurate and correct and We may rely on it without further enquiry.
6.1.2 You shall not (and shall not permit anyone else to) reproduce, modify, distribute, post, disclose or otherwise take or Use Our IPR; and
6.1.3 You shall not breach any of the terms of these T&Cs.
6.2 You acknowledge and agree that:
6.2.1 Our Site and all content comprised therein is provided on an “as is” and “as available” basis;
6.2.2 We do not guarantee that Our Site, or any content on it, will be free from errors or omissions;
6.2.3 We cannot guarantee that no Viruses will be transmitted to Your device via Your Use of Our Site and We are not responsible for any loss You may incur as a result of any Viruses transmitted;
6.2.4 We cannot guarantee the security of any information transmitted by You or to You through Our Site; and
6.2.5 the entire risk arising out of Your Use of Our Site remains solely with You, to the maximum extent permitted under applicable law.
6.3 You acknowledge and agree that insofar as is permitted by applicable law We provide no warranties nor give any representations or undertakings to You whatsoever including that:
6.3.1 the content on Our Site is accurate, complete or up to date;
6.3.2 Our Site or any content, service or feature of the same shall be error-free or uninterrupted, or that any defects will be corrected; or
6.3.3 Our Site will be accessible on any particular hardware or devices.
6.4 We and Our Third Party content providers provide no warranties nor give any representations as to the ownership, accuracy or adequacy of the content on Our Site.
6.5 We exclude all conditions, warranties, representations or other terms which may apply to Our Site or any content on it to the maximum extent permitted by applicable law.
7.1 To the maximum extent permitted by applicable law, We shall not be liable to You for any damages, liability or losses of any nature whatsoever whether direct, indirect or consequential caused or arising under or in connection with:
7.1.1 Your Use of, or inability to Use, Our Site;
7.1.2 Your reliance on any data or information made available through Our Site;
7.1.3 any information published on linked websites, contained in any user submissions published on Our Site, or provided by Third Parties;
7.1.4 Your Use of or reliance Our Site or Your inability to Use Our Site and/or access the Products (as the case may be);
7.1.5 any failure to provide Our Site, in part or in full, due to abnormal and unforeseen circumstances beyond Our control, including phone network failures or You being out of mobile coverage; or
7.1.6 any transaction or relationship between You and any Third Party provider associated with the provision of the Products.
7.2 The limitations and disclaimer in Clause 7.1 do not purport to limit liability or alter Your rights as a consumer that cannot be excluded under applicable law.
8.1 You acknowledge and agree that You shall fully indemnify Us from and against any and all claims and/or losses of whatever nature suffered, sustained or incurred, arising out of or in connection with:
8.1.1 Your breach of these T&Cs; and
8.1.2 Our use of any and all information that You submit to Us via Our Site.
8.2 For the purposes of Clause 8.1, We shall be deemed to include Our affiliates, employees, agents, directors, shareholders and officers.
9.1 We do not guarantee that Our Site will be secure or free from bugs or Viruses.
9.2 You shall not misuse Our Site by knowingly introducing any Viruses.
9.3 You shall not attempt to gain unauthorised access to Our Site, the server on which Our Site are stored or any server, computer or database connected to Our Site.
9.4 You shall not attack Our Site via a denial-of-service attack, a distributed denial-of-service attack or any other cyber-attack aimed to disrupt ordinary access to Our Site.
9.5 You acknowledge and agree that any breaches of Clauses 9.1, 9.3 or 9.4 by You:
9.5.1 shall be reported by Us to the relevant law enforcement authorities and We shall cooperate with them by disclosing Your identity to them; and
9.5.2 shall result in Your right to Use Our Site ceasing immediately and Us taking relevant proceedings against You.
10.1 You acknowledge and agree that We shall own and have the unrestricted right to use, publish and otherwise exploit any and all information that You post on Our Site (if any) in any manner.
10.2 You waive any and all claims against Us for any alleged or actual infringements of any rights of privacy or publicity, moral rights or rights of attribution in connection with Our use of the information You post on Our Site.
10.3 You warrant and represent to Us that You shall not post on Our Site any materials that:
10.3.1 are threatening, libellous, defamatory or obscene;
10.3.2 would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate applicable laws;
10.3.3 infringe the IPR, privacy or other rights of any Third Parties;
10.3.4 contain advertising of any Third Party’s products and/or services; or
10.3.5 constitute or contain false or misleading statements.
10.4 We cannot and do not review all information posted on Our Site and are not responsible for such information.
10.5 We reserve the right to refuse to post and the right to remove any information posted on Our Site at any time.
11.1 You acknowledge and agree that You are responsible for:
11.1.1 obtaining the data network access necessary to Use Our Site, including all fees and charges associated with the same; and
11.1.2 procuring compatible hardware or devices necessary to access Our Site.
12.1 Our Site may contain links to independent Third Party websites and/or applications and may also contain content supplied by independent Third Parties.
12.2 You acknowledge and agree that Third Party websites and/or applications to which Our Site contain links to are:
12.2.1 not under Our control and We have no responsibility for nor do We endorse their content; and
12.2.2 governed by their own terms and conditions and privacy policies and access to them is at Your own discretion.
12.3 Where you decide to access any Third Party websites and/or applications linked to Our Site, You do so entirely at Your risk.
13.1 You acknowledge and agree that We may update Our Site from time to time, and may change its content at any time, including the Products that We offer.
13.2 You acknowledge and agree that despite Our efforts certain content on Our Site may, from time to time, become out of date, and We shall take reasonable steps to update the same.
14.1 You acknowledge and agree that You shall not refer to Us or Our licensors in any public media for any purposes.
14.2 You acknowledge and agree that We may revise these T&Cs at any time without any need to formally notify You.
14.3 Your continued Use of Our Site shall be deemed an acceptance by You to these T&Cs as revised from time to time pursuant to Clause 14.2.
14.5 In accepting and agreeing these T&Cs, You hereby warrant and represent to Us that You have the lawful capacity and authority needed for You to do so.
14.6 You acknowledge and agree that We can and will rely on the warranty, representation and undertaking You provide to Us at Clause 14.1.
14.7 Both You and We shall comply with all applicable law.
14.8 We may, in Our sole and absolute discretion and at any time, modify, suspend or terminate operation of or access to Our Site (or any part thereof) and the Products.
14.9 Neither You or We shall be liable to the other (as the case may be) for any delay or non-performance of Our obligations under these T&Cs as a direct result of an established Force Majeure Event.
14.10 These T&Cs constitutes the entire agreement between You and Us relating to Your Use of Our Site, to the exclusion of all other terms and conditions, and any prior written or oral agreement between both parties.
14.11 You may not assign, novate, or otherwise transfer all or any of Your rights, benefits or obligations under these T&Cs without Our prior written approval
14.12 We may assign, transfer or deal in any way with Our rights under these T&Cs including to an affiliate or any Third Party.
14.13 No failure to exercise, nor any delay in exercising, any right, power or remedy under these T&Cs shall operate as or be deemed a waiver of the same. Waivers must always be given in writing.
14.14 Any waiver of any breach of these T&Cs shall not be deemed to be a waiver of any subsequent breach.
14.15 If any provision of these T&Cs is determined to be invalid, illegal or void by any court or administrative body of competent jurisdiction, these T&Cs shall be deemed modified to the minimum extent necessary to make them valid and enforceable.
14.16 Where the deemed modification in Clause 14.5 is not possible, the relevant invalid, illegal or void provision(s) shall be deemed deleted and the rest of these T&Cs shall still remain in full force and effect.
14.17 You and We are and shall remain independent parties and neither You nor We shall have, or represent Ourselves to have, any authority to bind the other party to act on Our behalf.
14.18 Nothing in these T&Cs shall be construed to make either You or We an agent, employee, franchisee, joint venturer or legal representative of the other party.
14.19 Except as expressly stated, these T&Cs do not create any rights that are enforceable by any Third Parties. You acknowledge and agree that only the following people have rights under these T&Cs:
14.19.1 You; and
14.20 All notices under these T&Cs shall be in writing and shall be delivered by email to the party due to receive it at the party’s designated email address. In Our case, please send it to firstname.lastname@example.org
14.21 These T&Cs are drawn up in the English language and the English language version of the same shall always prevail over any translation. These T&Cs shall be construed, interpreted and administered in English.
14.22 These T&Cs are governed by, and shall be construed in accordance with, the laws of Emirate of Dubai, United Arab Emirates and the Federal Laws of the United Arab Emirates applicable therein.
14.23 Both You and We irrevocably submit to the exclusive jurisdiction of the Dubai International Financial Centre Courts (“DIFC Courts”) and where applicable the Small Claims Tribunal at the DIFC Courts in the Emirate of Dubai in relation to any disputes.
15.1 In this agreement, the defined terms set out below shall have the meaning ascribed to them herein.
15.2 “Force Majeure Event” means any unforeseeable event or occurrence which is beyond the reasonable control of a party and which prevents or delays that party from performing any or all of its obligations under these T&Cs (e.g. acts of God, civil unrest, political situations etc.).
15.3 “IPR” means patents, inventions (whether patentable or not), copyrights, moral rights, design rights, trade-marks, trade names, business names, service marks, brands, logos, service names, trade secrets, know-how, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered, and whether in electronic form or otherwise) including rights in computer software, and all registrations and applications to register any of the aforesaid items, rights in the nature of the aforesaid items in any country or jurisdiction, any rights in the nature of unfair competition rights, and rights to sue for passing off.
15.4 “Marks” means company names, product and service names, trademarks, service marks, designs and logos.
15.6 “Products” means any products which We may choose to offer via Our Site including children’s clothing, gifts and accessories.
15.7 “Site” means the website at www.fitness360.me.
15.8 “T&Cs” means these terms and conditions.
15.9 “Third Party” means a natural person or legal entity who is neither You nor Us.
15.10 “Use” means using any Our Site, including accessing, browsing, viewing or registering to use and utilising in any manner (as the case may be) Our Site either directly or indirectly.
15.11 “Virus” means any viruses, worms, trojan horses, cancel bolts or any other computer code designed to disrupt or adversely impact computer systems, networks or devices.