TERMS & CONDITIONS
Welcome to DANIELA AZZIP.
DANIELA AZZIP TRAINING offers Personal Training and fitness services, while DANIELA AZZIP TRIPS focus on traveling and tourism. You can find us online, or at our studio, located in Cricklewood, London, NW2, United Kingdom.
These terms and conditions outline the rules and regulations for the access and use of DANIELA AZZIP TRAINING and DANIELA AZZIP TRIP's Services (live or online).
This should be read carefully by every user.
BY USING OUR SERVICES AND/OR CREATING AN ACCOUNT WITH US, YOU ACCEPT THESE TERMS AND CONDITIONS IN FULL. DO NOT CONTINUE TO USE OUR SERVICES (INCLUDING BUT NOT LIMITED TO OUR BLOG, SHOP, MOBILE APP, ONLINE WEBSITE AND PLATFORM) IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS STATED ON THIS PAGE.
Last update: 5th May 2022
"ourselves", "we", "our" and "us" refers to DANIELA AZZIP TRAINING and/or DANIELA AZZIP TRIPS (whichever is applicable). "Both parties" refers to both user and us.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
If we request, you irrevocably agree to sign a non-electronic version of this agreement and linked policies.
If you have any questions regarding these Terms, you can contact us by e-mail at firstname.lastname@example.org or by phone, on +447940956633.
1. Changes to these Terms
By using our Services, you agree to frequently review these Terms and applicable Policies, understanding how these conditions affect the use of our Services.
2. Users responsibilities, rights and commitment
2.1. Responsibilities and rights of members and clients
2.1.3. If you do not wish to be touched during Personal Training live sessions (1-1 and/or 2-1), physical measurements or any other occasion/service, please let us know. Some services require you to undress the area of measurement or treatment, allowing us to deliver this service to you. We will not ask you to undress areas where we are not working or measuring, and you can always speak to us if you have any concerns about physical contact. Please note, that if you do not wish to be touched or undressed, you might not be able to use some of our Services. If you have any concerns regarding this, please feel free to contact us at email@example.com or on our mobile, +447940956633.
2.2. Exercise safety and personal health responsibility
2.2.1. It is crucial that all exercise participants (either live or online) are aware of their fitness level and medical restrictions. By joining any type of exercise session (live or online), the participants have full responsibility over their body. To avoid any injury or health risk, users agree to consult their doctor or GP before starting any practice of exercise and inform us of any medical issue that might interfere with their health. We will then decide what alternatives to provide, and evaluate how safe it is for you to exercise. In some cases, we might require you to hold a medical permission, or refer you to a GP or another health professional before starting any kind of exercise program.
2.2.2. If the client experiences any pain, discomfort or is feeling unwell, they should inform us as soon as possible, in order to decide whether the session should be delivered or rescheduled for a different date. By not doing this, participants will be putting themselves in danger.
2.2.3. We will not be able to reschedule your session if this notice is given within 12 hours of your appointment, unless it's due to a health emergency, and you're holding a medical proof of this (for example, an unexpected broken leg or sudden faint due to low blood pressure. This does not include hangovers, headaches or stomach ache, period pains or lack of energy). This is in agreement with our Booking and Cancellation Policy. Please consult it for more information. If you are feeling unwell, but you're within the 12 hour frame, you should still inform us, and we will be able to provide you with a more gentle session, adjusting it accordingly.
2.2.4. All stated above is applicable to all our users who get involved in the practice of exercise (live and/or online, members and clients included), with no exceptions.
2.2.5. If using the online platform to exercise (this includes, but is not limited to our exercise gallery, live stream classes and exercise program), remember that not all exercises are suitable to everyone and you perform them at your own risk. The same is applicable to our recipe gallery and nutritional advice plans. DANIELA AZZIP TRAINING cannot take liability for any allergic reaction, digestive issue, sickness or any other symptom developed from eating one or more of our recommended dishes.
2.3. Client commitment, responsibility and ownership
The following aspects are crucial for the client to understand what to expect, and comprehend that it's up to them to reach the goals that were initially set.
2.3.1. Having a Personal Trainer does not guarantee results. A Personal Trainer is a professional that designs specific sessions and programs according to the client's needs and goals, gives advice regarding what sort of behaviour and habits a client should have, and delivers motivational and dynamic sessions to help the client reaching the goals agreed. The trainer cannot workout, eat healthily and be consistent for the client. Therefore, the client must take the responsibility and ownership for their goals, being committed and persistent in following what the trainer suggests them to do.
2.3.2. The same is applicable to members, who are using our online platform as a source of information on exercise and nutrition. Just being a member do not bring you any results: you then need to do your work. These are general guidelines, and you will find all sorts of diets and exercises. Because they are not personalized to your goals and needs, they do not guarantee results. To get guidance on what exactly to do, you should purchase an exercise program/nutritional advice, or attend Personal Training sessions. Although we do our best to filter information into different fitness levels and needs, we are still not able to follow you closely if you are not attending any of our Personal Training sessions.
2.3.3. If the client does not agree in any aspect, or if they are experiencing any difficulties in following the agreed, this must be communicated to us, in order to modify the initial program as required.
2.3.4. The frequency of training and dieting/healthy eating is key for great results. Doing the right thing only once in a while will not lead the client to where they wish to be. The following can be used as a guideline for exercise frequency: 1/week for health; 3/week for maintenance and slow progress; 5/week for results and greater progress. Please bear in mind that this will vary from individual to individual. Everyone has different body types and metabolism, and we cannot guarantee that this will work for you, the same way as it works for other individuals.
2.3.5. While DANIELA AZZIP TRAINING provides the best sources and advice to reach the desired goals, the client must have in mind that each individual will have different results, and some will take longer to achieve than others. Clients must understand that they should be looking to get better, instead of trying to look like someone else. We cannot guarantee results, especially if the client is not 100% committed.
2.3.6. Clients are responsible to keep track of their booking packages, making sure that sessions are booked on a regular basis and that all sessions are used before their package ends.
2.3.7. Continuous feedback should be given from both parties. The trainer should give constant feedback on client's performance and progress, while the client should give frequent feedback on the exercises and activities chosen by the trainer, mentioning any preferences that they might have.
3. Access and use of our Services
The terms on this Section 3 are related to the usage of our Services across all our different platforms including but not limited to our blog, mobile app, website, shop and online platform.
Our shop allows users to purchase our original and unique digital travel products which include, but are not limited to Lightroom Presets and personalized maps.
Our online platform was initially created to serve as a client's database and communication point between clients/members and DANIELA AZZIP TRAINING. Each user has their own account, with access to different features, depending on their membership.
3.1. Changes to our Services
It's our responsibility to notify Subscribed Users of changes or updates happening on our Services, as well as special events and holiday closures, as soon as possible. This will be done via our newsletters, which the users have the option to subscribe to, or not.
Although we make reasonable efforts to update the information on our site and Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up-to-date. We do not guarantee that our Services or any content on it, will be free from errors or omissions.
Access to our Services is permitted on a temporary basis. We hold the right to modify, suspend, withdraw, discontinue or change all or any part of our Services without prior notice, at our sole discretion and without liability to you.
3.2. Account registration and eligibility
3.2.1. You must be at least 18 years old to access or use our Services. By registering to use our Services, you guarantee that you are at least 18 years old or have your parents or guardians supervision upon registration and consent on such activities.
3.2.2. Users using the Services (including purchasing products) on behalf of any entity agree to represent and warrant an authorization to accept these Terms on such entity's behalf and guarantee that such entity will be responsible for their violation of these Terms.
3.2.3. In order to access certain areas and features of our Services, you will need to register for an account using either your email address or your login credentials from a third-party site. If you register with your email address, you agree to create a unique password that you do not use with any other online product or service. By using third-party websites and services, you do so at your own risk, as stated on section 4 of these Terms. By registering for an account, you further agree to (a) provide updated, specific, individual, truthful, accurate and complete information; (b) actively update your account information upon any changes; (c) collaborate with our security and verification measures; (d) maintain the security of your account by keeping your password confidential, and limiting the access to your account; (e) take responsibility for all activities and transactions that occur under your account, accepting all risks of any authorized or unauthorized access; and (f) promptly notify us if you discover or suspect of any security breaches related to our Services. We cannot be liable for any loss that may occur as a result of someone else using your password or account, whether with or without your knowledge or consent. However, you may be held liable for any losses to us or another party due to someone else using your password or account.
3.2.4 By registering to our platform, users must be in accordance to our Booking and Cancellation Policy.
3.2.5. You acknowledge that, when failing one or more of the terms stated above, you grant us the right to terminate your account and your continued access to our Services.
3.3. Future features
Currently, we are making arrangements to provide you with more features in the future. Although it's of our interest to improve our Services and develop new and updated features, we have no obligation to do so.
Future features will be subjected to these Terms.
4. Third-party integrations
Third-party integrations including but not limited to links, widgets, images, videos, banners and advertisement might be included in some of our Services. These allow us to provide our users with a better experience.
4.1.Third-party links and advertisement
4.1.1 Our Services and content might contain third-part links that will redirect you to third-party sites, which are not controlled or owned by us. These links can be affiliated (further explained on Section 4.1.2) or non-affiliated.
4.1.2. We may promote or recommend third party products and services, through affiliate links or other sort of advertisement, including but not limited to images, videos, banners and widgets. This allows us to receive a commission per click, view, sale generated or any other metric that our partners or advertisers set, at no extra cost to the user. These links are generated by our advertisers or affiliate programs we are a part of, including but not limited to Booking.com, GetYourGuide and Amazon Associates Program. It is of our interest to be transparent and so, disclaimers have been added on a visible area of the Services containing these links so that users are aware of them.
4.1.3. Third party websites have their own independent terms and policies, which you should read carefully. We make no representation or warranty that the operation of the affiliate links or websites will be error-free or uninterrupted. When you click on any of these links and/or advertisements, you do so on your own risk and discretion. We cannot take liability for any errors or interruptions, inappropriate content, virus, damage or loss caused by these third parties and their content.
4.2. Third-party programs and sites
Third-party logins. registrations, programs, tools or websites might be required to access certain areas and features of our Services, in order to provide users with a better experience. By downloading third-party software, using third-party sites, platforms, products and services or registering for an account on a third-party site, users do so at their own risk and discretion and we accept no liability for any errors or interruptions, inappropriate content, virus, loss or damage as a result of doing so (as stated on Section 4.1.3.).
Users must be fully aware, read and accept third-party's terms and policies, and ensure they're familiar and confident with using such programs and sites.
5. Content uploaded by users
5.1. Member Content
Users are advised to fill out all forms and add as much detail as possible to their platform, in order to have a better experience with us.
Our platform contains different features, that will be displayed according to the user's permissions, and where members can create, upload and store content, messages, materials, data, information, text, photos, videos and other type of content (collectively "Member Content"). This can be 'Personally Identifiable Information' (PII) or any other kind of material.
5.1.1. You are solely responsible for your use of these features and for any Member Content that you create, upload, share or transmit through our Services. We cannot take responsibility over the Member Content that you submit and store in our platform but we can, in our sole discretion, edit, delete or remove any Member Content without any previous notice, if we consider this necessary.
5.1.2. By submitting Member Content on our online platform, you represent and warrant that you own and hold all of the rights to the content you create, and that this information is complete, accurate, truthful and in accordance with our Terms.
5.1.3. By registering to our online platform, you also agree to act responsibly and use our Services at your own risk, and to not create, upload, share, store, submit, distribute or transmit Member Content that we consider, in our sole discretion:
(a) pornographic, obscene, lustful or indecent, containing explicit content such as nudity or suggestive sexual behaviour;
(b) tortuous content or encouragement to any kind of crime, violence or abuse, exploitation, social inequality or stereotypical interpretation, such as racism, homophobia, misogyny, misandry, or any content that is classified as criticism or disrespect to one's religion, gender, race, ethnicity or sexual orientation;
(c) encouragement to the use of illicit drugs or the practice of any other illegal activity;
(d) inappropriate, disrespectful, offensive, harassing, illicit or somehow illegal, threatening, defamatory, abusive, invasive of privacy or publicity rights or that would otherwise violate any local, state, national or international law or would create liability;
(e) misleading or false information by impersonate another person, omitting or providing untruthful and inaccurate data about you;
(f) violation or infringement of any law, the rights of any third party, copyright, trademark, trade secret or patent. When submitting Member Content, users guarantee that they own and have the lawful right to distribute such content;
(g) unauthorized exposure of someone else's confidential, private and personal information;
(h) unauthorized commercial content or marketing for any kind of business, religious entities or political campaigning;
(i) infective, harmful, disruptive, destructive or corrupted data that will put our website, platform and users at risk. This includes content containing viruses, harmful code, cancelbots, Trojan horses, any sort of denial-of-service attacks, or other cyber-attack or hacking techniques;
(j) repetitive content, spam or excessive posting, affecting other users experience.
If you read any comment or content that might violate any of the terms stated above, we appreciate your cooperation to report it.
5.2. Public content
Separate from Member Content, any review, comments, suggestions, queries, public transformations and public before and afters that you submit via e-mail, post or on our blog, website and shop and all the content in it (including but not limited to text, images and videos) are non-confidential (unless stated otherwise in writing), and shall become the sole property of DANIELA AZZIP TRAINING and DANIELA AZZIP TRIPS, acquiring all the rights on this content.
This can be classified as "Public Content", and might be used for any purposes, including but not limited to commercial usage.
5.2.1. Member Content might be classified as Public Content if the user grants us permission in writing to turn their confidential content into public. This can be the case, for example, of clients who want us to use publicly on our website their before and after data or photos which were initially uploaded privately onto their member pages.
5.2.2. By granting us public permissions over your Member Content, or uploading any sort of Public Content on our Services, you acknowledge that we are not obligated to provide acknowledgment or compensation to you in exchange for this content.
6. Purchases, payments, bookings and cancellations
6.1. Price changes
We aim to keep our Services' prices as consistent as possible, and equal to all users. However, we hold the right to change our prices and Services at any time and in our sole discretion, without any notice.
In the event of price changes on rolling memberships, Subscribed Users will be notified via e-mail of these changes, so they can decide whether they wish to continue or not. Please note that we are unable to provide you with prior or any notice if you are not a Subscribed User.
We might also offer occasional discounts/promotions for new or current users, at any time and in our sole discretion. This will be subject to terms and availability and applicable only to those who take advantage of it while active on our platform.
6.2. Payments and memberships
Payments are required to access some of our Services such as Personal Training sessions and digital products. These are called paid products and services.
6.2.1. To access and manage your paid Fitness or Personal Training services, you will be required to use our booking system, where payments and bookings are processed. To book your appointments with us, you must: (a) have a rolling membership or pay for your Services in advance; (b) have read and agree with our Booking and Cancellation Policy; (c) accept to receive our e-mail confirmations and potential cancelation of such bookings.
6.2.2. Paid digital products can be purchased on our online shop and are paid in advance, using any of the methods provided. Digital products sold on our shop are for personal use only and cannot be refunded. Any sort of embedding, sharing, selling, copying, renting, gifting or replicating our products is prohibited.
6.2.3. By using our Services and processing payments on our blog, website, online platform and shop, you represent and warrant that: (a) you use a valid payment method including, but not limited to PayPal and Credit/Debit card, as available on our Services; (b) you understand that rolling payments are processed each month, and that it's your responsibility to cancel this whenever you wish to; (c) when paying with card, you are using a valid card, and you are the card holder, or you have the permission of the card holder to process such payment; (d) when paying with PayPal, you will use your own account, or in case of using someone else's account, you hold the right and permission to process such payment; (e) if under 18 years old, you're processing this payments with your parents or guardians supervision, knowledge and consent; (f) you will not attempt to discover our source code, nor embed, display, share, redistribute, publish, sell or resell, copy, rent, gift, sub-license, duplicate or replicate our Services, entirely or partially; (g) you are not in debt with third parties, under a repossession order, nor have your goods or services being embargoed by your state or country; (h) you are not involved in illicit business or criminal acts such as terrorism, theft and narcotic traffic; (i) you are not identified as a "Specially Designated National", placed on the Commerce Department's Denied Persons List or banned in any other way from financial activities or commerce. If you don't represent one or more of the above, you warrant that you will not use our Services, as this will involve financial transactions.
6.2.4. We cannot be responsible or take liability on any sort of card or PayPal account fraud, minors payments without parental consent, nor financial transactions made by illegal and/or harmful individuals, or financial supervised/commerce banned individuals, as our users agree to the Terms stated on this page.
6.2.5. By using our Services, you agree to take responsibility on your financial transactions and/or those done using your payment details, and take appropriate measures of security to secure your account and payment methods.
7. Opening hours
Our opening hours might vary depending on the trainer's availability, day of the week, bank holidays and special occasions. Clients are responsible to check our schedule through the Booking System, and visit our studio only upon booking. It is also the users' responsibility to become a Subscribed User in order to receive our e-mail communications on opening hours, changes in our schedule, and other relevant information.
We cannot guarantee (a) that we will be open every working day; (b) that our opening hours will be consistent; (c) availability in all slots, as we might become over booked, and we have no control over other users' bookings.
We hold the right to change the schedule, time slots and opening hours at any time, and in our sole discretion.
Government agencies, search engines and news organizations may link to our Services (home page or any other public page) without prior written approval, so long as the link: (1) is not in any way misleading, (2) fits within the context of the linking site and (3) does not represent false sponsorship. Other interested entities should contact us via e-mail at firstname.lastname@example.org, requiring permission for linking to our Services. This must include name, organization and/or website name, contact information (such as phone number and/or e-mail address), URLs (URL to your website, URLs to pages containing the links and URLs to our Services that you would like to link to) as well as the reason why this would add value to our Services. Please allow 7 working days to hear back from us.
We can, in our sole discretion, accept or refuse linking requests. A request will be more likely to be approved if: (1) the content on the website is appropriate and consistent with the hyperlink; (2) the company and/or website has common interests and/or mission, justifying the hyperlink; (3) the organization does not have an unsatisfactory record with us; (4) the link will not be unfavourable to us; (5) there's a considerable benefit to us by having our Services linked.
Approved organizations may hyperlink to our Services by using our name (DANIELA AZZIP TRAINING or DANIELA AZZIP TRIPS, whichever is applicable), the web address to be linked to or any other description of our Services that makes sense within the context and format of the content on the linking party's site (for example: Personal Training Studio in North West London to link to our homepage or Body Transformations when linking to our body transformation page).
No use of DANIELA AZZIP TRAINING or DANIELA AZZIP TRIPS' logo or other artwork will be allowed without our consent.
By linking to our Services, you agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing unlawful, defamatory, or harmful content, including content that violate any law or third party rights. Please note, that we have no responsibility or liability for any content appearing on your website.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Services. When you link us on your website, you agree to immediately remove all links if requested in the future.
By linking to our Services, you agree to all of the Terms stated in this page.
10. The facility
DANIELA AZZIP TRAINING is currently located in North West London, Cricklewood (NW2). This is not a gym, nor a big commercial facility. We are based in a private studio, located in a residential area. Clients and visitors agree to respect the neighbourhood, coming and leaving quietly, especially during early mornings and late evenings.
When attending one session or appointment, clients agree: (1) to arrive at their designated time and not earlier than that; (2) to meet the trainer at the side door; (3) in case of this door being locked at the time of the appointment, to text the trainer at +447940956633 first and only call if unanswered; (4) to not ring the bell of the property since DANIELA AZZIP TRAINING is separate to the building; (5) to respect the facility and equipment.
Visits and tours are only done upon booking. To book a visit to our facilities, visitors must phone or e-mail us to request this. No walk-ins will be accepted.
Any personal belongings left at DANIELA AZZIP TRAINING premises are of the client or visitor's discretion. We cannot be liable for any loss or damage to your belongings.
11. Access restriction and account termination
If a user violates one or more of the Terms stated in this page and/or its linked Policies, we might, in our sole discretion and at any time: (a) terminate, suspend or restrict access to our Services; (b) deactivate or delete the user's account, removing all data submitted by them while having access to our Services. Ultimately, the user might be subjected to severe penalties due to civil and/or criminal legal action, when violating the applicable laws.
12. License and Reservation of rights
12.1. Unless otherwise stated, we own the property rights for all Services and content in it, including but not limited to text and other intellectual content, the brand logo, website design, media content such as images and videos and other data. All property rights are reserved, and protected by international copyright laws.
12.2. You must not attempt to discover our source code, nor duplicate, replicate, copy, redistribute, transmit, embed, display, perform, publish, sell or resell, rent, sub-license or reproduce any material from our Services (entirely or partially) as doing so is strictly prohibited. If required, you may use, view and/or print pages for your own personal use, subject to restrictions set in these Terms and Conditions.
12.3. If you violate one or more of these terms stated above, your right to use our Services will cease immediately and you must, if required, return or destroy any copies of the materials that you have made.
12.4. "Daniela Azzip Training", "Daniela Azzip Trips" and the respective logos are our trademarks and might not be copied, reproduced, imitated or used, in whole or in part, without our prior written permission.
12.5. If you believe in good faith that anything on our Services is owned by you, please notify us at email@example.com or on our mobile, +447940956633, so we can remove this content. Please note that if you wrongly accuse us of copyright violation, you will be liable for any damages, including costs and attorney's fees for such infringement claim.
13. User's representations and warranties
By using our Services and creating an account with us, you represent and warrant that:
(b) when using our Services on behalf of someone else, you must represent and warrant that you are authorized to accept these Terms and Conditions and respective policies on this person behalf;
(c) you will use our Services in an appropriate and consistent matter, according to these Terms and any applicable legislation and local, state, national or international law. You must not use our Services if doing so would constitute a violation to any local or national law. By using our Services, you represent an warrant that such use will not violate, or cause us to violate the laws of you country;
(d) you are eligible for account registration (older than 18 years old) and payment process (cardholder or permitted to use someone else's card to process such payments; PayPal account holder or permitted to use someone else's account to process such payments; if younger than 18 years old, paying with parents or guardians supervision; not involved in financial debts, repossession orders or good/services embargo; not involved in illicit business or criminal acts; not being listed on the "Specially Designated Nationals" nor Commerce Department's Denied Persons List; not banned in away way from financial activities or commerce).
14.1. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
14.2. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
14.3 OUR SERVICES OFFER TRAVELING, HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES. YOU SHOULD NOT RELY ON OUR CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR TRAVELS, DIET AND/OR HEALTH, YOU MUST ALWAYS CONSULT A SPECIALIST. DO NOT DISREGARD, AVOID OR DELAY OBTAINING PROFESSIONAL, MEDICAL OR HEALTH RELATED ADVICE FROM YOUR SPECIALIST AND/OR HEALTH-CARE PROFESSIONAL DUE TO SOMETHING YOU MAY HAVE READ ON OUR SERVICES. THE USE OF ANY INFORMATION PROVIDED ON OUR SERVICES IS SOLELY AT YOUR OWN RISK.
14.4. NO INFORMATION, STATEMENT, POST OR SERVICE AVAILABLE ON OUR SERVICES IS INTENDED TO BE, AND MUST NO BE TAKEN AS ABSOLUTE NOR AS THE PRACTICE OF PROFESSIONAL, MEDICAL OR COUNSELING CARE, WHICH INCLUDES, WITHOUT LIMITATION, PHYSIOTHERAPY, ORTHOPEDICS, NUTRITIONIST, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR ANY HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE PROVIDER.
14.5. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (D) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
14.6. OUR SERVICES ARE CONSTANTLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. RESPECTIVELY, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS IN OUR SERVICES, THE SAME WAY DEVELOPMENTS IN PHOTOGRAPHY, VIDEOGRAPHY, TRAVEL, TOURISM, BUSINESS, POLITICS, REAL ESTATE AND NATURAL DISASTERS MAY IMPACT THE ACCURACY OF OUR TRAVEL FOCUSED SERVICES. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN OUR SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
14.7. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANT NOT EXPRESSLY STATED IN THESE TERMS.
15. Limits on Liability
15.1. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR DIRECTORS, OFFICERS, CLIENTS, MEMBERS, TRAINERS, FREELANCERS, EMPLOYEES, CONTRACTORS, SPONSORS, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER UNDER AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STATUTORY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) ANY CONTENT CONTAINED ON OUR SERVICES; (C) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON OUR SERVICES; (D) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH OUR SERVICES; (E) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON OUR SERVICES; (F) DISCLOSURE OF UNAUTHORIZED ACCESS TO OR ALTERATION TO YOUR CONTENT; (G) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON OUR SERVICES; (H) ANY DAMAGE FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, PRODUCT AND SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (I) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES; OR (J) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.
15.2. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.
15.3. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF OUR SERVICES.
15.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE SECTIONS 14 AND 15 MAY NOT BE APPLICABLE TO YOU.
15.5. NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
16.1. You agree to defend, indemnify and hold us (and each of our officers, directors, trainers, freelancers, employees, contractors, clients, members, agents, sponsors, representatives and affiliates) harmless from and against any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorney's fees and disbursements, arising directly or indirectly out of or relating to (a) your violation to these Terms and linked Policies; (b) your violation of any rights of another; (c) your conduct in connection with the Services; (d) your use of our Services; (e) any Member Content, including Personally Identifiable Information or Public Content you submit.
16.2. By using our Services on behalf of any entity, you further represent and warrant that such entity is aware of our Terms, and agrees to indemnify you and us for violations of these Terms in accordance with this section.
16.3. By being obligated to indemnify us, you give us the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
16.4. In the event of this Agreement being terminated for some reason, this Section 16 shall remain applicable after termination.
17. Jurisdictional issues
We make no representation or warranty that the materials and content on our Services are appropriate or available for use in locations outside Europe. Those who decide to access our Services in other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We hold the right, at any time and in our sole discretion, to limit the availability and accessibility of our Services to any person, geographic area, or jurisdiction if we consider this necessary, and to limit the quantities of any Services we provide.
18. Other terms
18.1. These Terms represent the entire Agreement, and exceed all previous and/or current understandings between both parties
18.2 All Terms are effective, regardless of it's enforcement
18.3. This Agreement remains effective until terminated in accordance with its own Terms. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely
18.4. Headings of Sections are for convenience only and do not limit such Sections, nor have any legal or contractual effect
18.5. You may not assign any of your rights or obligations under these Terms without prior written consent from us. However, we may assign any or all of our rights under these Terms, partially or in whole, without obtaining your consent or approval
18.6. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver of such right, power or privilege