Welcome to DANIELA AZZIP TRAINING.
You can find us online, or at our studio, located at 237A Fordwych Road, London, NW2 3LY, United Kingdom.
These terms and conditions outline the rules and regulations for the access and use of DANIELA AZZIP TRAINING's website, online platform, mobile application and actual products or services (live or online).
This should be read carefully by each user (either visitor, client or member).
BY USING OUR SERVICES, WEBSITE 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 ONLINE WEBSITE AND PLATFORM) IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS STATED ON THIS PAGE.
Last update: 13th July 2018
"ourselves", "we", "our" and "us" refers to DANIELA AZZIP TRAINING. "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 email@example.com or by phone, on +447940956633.
1. Changes to this Terms
By using our Services, you agree to frequently review these Terms and applicable Policies, understanding how this conditions affect the use of our Services.
2. Users responsibilities, rights and commitment
2.1. Responsibilities and rights of members and clients
The terms below are applicable to both 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 the instructor know. In some services, like physical measurements and Trigger Point release, you might be asked 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 the trainer 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 firstname.lastname@example.org or on our mobile, 07940956633.
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 the trainer of any medical issue that might interfere with their health. The trainer will then decide what alternatives to give, and evaluate how safe is for the client to exercise. In some cases, the trainer might require the client to hold a medical permission, or refer him/her 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, he/she should inform the trainer 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 stomachache, period pains or lack of energy). This is in agreement to 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 the instructor, and he/she will be able to provide you with a more gentle session, adjusting it according to your state on that day.
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).
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 do so at your own risk. The same is applicable to our recipes 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 him/her 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 needs and goals, gives advice regarding what sort of behavior 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 healthy and be consistent for the client. Therefore, the client must take the responsibility and ownership for his/her goals, being committed and persistent in following what the trainer suggest him/her 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 services.
2.3.3. If the client does not agree in any aspect, or if he/she is experiencing any difficulties in following the agreed, this must be communicated to the trainer, 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 he/she might wish to. 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. The trainer will keep in touch and agree goals and dates before the beginning of the sessions. However, the client is responsible to keep track of his/her progress, booking the next measurements when required.
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 he/she might have.
3. Our website and online platform
The terms on this Section 3 are related to the usage of our Services through our website and online platform, by creating an account with us and become a member.
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 his own membership, with access to different features and chat with the trainer to keep him/her updated on your journey outside of the sessions.
3.1. Changes to our website and online platform
It's of DANIELA AZZIP TRAINING responsibility to notify Subscribed Users of changes or updates happening on the platform or our Services, as well as special events and holiday closures, as soon as possible. This will be done via our newsletters, which the members have the option to subscribe to, or not.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our website and/or online platform is accurate, complete or up-to-date. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Access to our site is permitted on a temporary basis. We hold the right to modify, suspend, withdraw, discontinue or change all or any part of our website or 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 16 years old to access or use our online platform and respective Services. By registering to use our Services, you guarantee that you are at least 16 years old, and that you represent the person creating an account with us.
3.2.2. Users under 18 years old agree to have their parents or guardians consent on such activities, and must not process any payment with us without their supervision, knowledge and consent.
3.2.3. Users using the Services on behalf of any entity agree to represent and warrant an authorization to accept this Terms on such entity's behalf and guarantee that such entity will be responsible for their violation of these Terms.
3.2.4. 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 social media site (Facebook or Google). If you register with your email adress, you agree to create a unique password that you do not use with any other online product or service. 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 DANIELA AZZIP TRAINING 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 DANIELA AZZIP TRAINING or another party due to someone else using your password or account.
3.2.5. By registering to our platform, users must be in accordance to our Booking and Cancellation Policy.
3.2.6. You acknowledge that, when failing one or more of the terms stated above, you grant DANIELA AZZIP TRAINING the right to terminate your account and your continued access to our Services.
3.3. Memberships and target audience
This platform was created in order to supply services for: (1) Live clients, such as 1-1 or 2-1 Personal Training, nutritional advice, exercise program, trigger point release and physical measurements, who require continuous follow-up on different aspects (workout plans, nutrition, goals, improvements, etc.). All of this clients are visitors or residents in London, attend appointments at 237A Fordwych Road, London, NW2 3LY and have access to all or most features in our platform; (2) Online clients, such as 1-1 Personal Training and nutritional advice, who require continuous online follow-up. They can be located in any part of the world and will have access to the pages of the platform depending on which type of service they require; (3) Online members, who signed up for an online membership to have access to our exercise and nutrition library. They will have limited or unlimited access to the platform, depending on the type of membership they buy. This membership is currently not available.
By creating an account with us, you agree to belong to one or more of this groups.
By signing up to one of our monthly rolling memberships, users agree to pay a fixed fee each month, and apply to the terms in our Bookings and Cancellation Policy.
3.4. Member Content
We highly recommend users to fill out all forms and add as much details as possible to their platform, in order to have a better experience with us, as well as good results. Keeping track of the daily activity helps each individual to be aware of what to improve, as well as keep motivational levels high.
Our platform involves different features, that will be displayed according to the user permissions, and where members can create, upload and store content, messages, materials, data, information, text, photos and videos (collectively "Member Content"). This can be 'Personally Identifiable Information' (PII) or any other kind of material. You are solely responsible for your use of this features and for any Member Content that you create, upload, share or transmit through our Services. DANIELA AZZIP TRAINING 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. 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 and truthful.
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 behavior;
(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.
3.5. Public content
Separate from Member Content, any review, suggestions or queries, public transformation you might submit on our website or via e-mail are non-confidential (unless stated otherwise in writing), and shall become the sole property of DANIELA AZZIP TRAINING, acquiring all the rights on this content. This can be classified as public content, and might be used for any purpose, including commercial usage. You acknowledge that DANIELA AZZIP TRAINING is not obligated to provide acknowledgment or compensation to you in exchange for this public content.
Public content should respect the same rules stated previously on Section 3.4. related to prohibited content.
3.6. 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.
4. Payments, bookings and cancellations
4.1. Price changes
We aim to keep our prices and Services as consistent as possible, and equal to all clients and members. However, we hold the right to change our prices and Services in our sole discretion and at any time, by notifying our Subscribed Users over e-mail of this 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 ocasional discounts/promotions for new or current users, at any time and in our sole discretion. This will be available for a limited amount of time, and applicable only to those who take advantage of it while active on our platform.
To book your appointments with us, you must have a rolling memberhsip or pay for your services in advance through our booking system. This can be done via PayPal or Credit/Debit Card. By using our Services and processing payments on our online platform, you represent and warrant that: (a) you understand that rolling payments are processed each month, and that it's your responsibility to cancel this whenever you wish to; (b) when paying with card, you are the card holder, or you have the permission of the card holder to process such payment; (c) 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; (d) if under 18 years old, you're processing this payments with your parents or guardians supervision; (e) 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; (f) you are not involved in illicit business or criminal acts such as terrorism, theft and narcotic traffic; (g) 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.
DANIELA AZZIP TRAINING 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.
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.
4.3. Bookings and Cancellations
In order to regulate our bookings and keep our user's rights equally, we developed a Booking and Cancellation Policy, applicable to all clients and members. This explains in detail our 12hour cancellation policy, lateness, refunds, rebookings, rolling memberships, payments, and other important information related to any service which you pay for and book in our online platform/website.
When doing a booking with us, you accept to receive our e-mail confirmations and potential cancelation of such bookings.
By accepting this Terms & Conditions, you agree with our Booking and Cancellation Policy, applicable to any appointment/booking made on our website and online platform.
5. 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's 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 weekend; (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 user's 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 web site (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 email@example.com, requiring permission for linking to our website. 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 on our website to which you would like to link) as well as the reason why this would add value to our website. 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 unfavorable to us; (5) there's a considerable benefit to us by having our website linked.
Approved organizations may hyperlink to our website by using our name (DANIELA AZZIP TRAINING), 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's logo or other artwork will be allowed without our consent.
By linking to our website, 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 web site. When you link us on your website, you agree to immediately remove all links if requested in the future.
By linking to our website, you agree to all of the Terms stated in this page.
8. The facility
DANIELA AZZIP TRAINING is located in North West London, Cricklewood (237A Fordwych Road, NW2 3LY). 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 come and leave quietly, especially during early mornings and late evenings. While DANIELA AZZIP TRAINING provides services at out working hours, clients must respect the neighborhood.
We are based on the garden flat.
When attending one session or appointment, clients are requested to open the side gate that access the garden and walk through it, where they will find Daniela at the studio. If the door that leads to the garden is locked, clients should dial +447940956633 and wait for an answer. Ringing the bell should be the last recourse.
Visits and tours are only done upon booking. To book a visit to our facilities, visitors must phone, e-mail us, or go to our booking area, select "enquiries" and book a 15min "studio tour" at a convenient time.
Clients and visitors accept to not ring the bell at out working hours, as there will be people sleeping in the house, who do not wish to be disturbed.
Clients and visitors should respect our facility when visiting, leaving it as clean as possible and treating the equipment and the structure like if it would be theirs.
DANIELA AZZIP TRAINING studio does not offer changing facilities, nor toilet or shower. Clients and participants must live nearby, or agree to shower elsewhere.
Any personal belongings left at DANIELA AZZIP TRAINING permises are of the client or visitor discretion. We cannot be liable for any loss of damage to your belongings.
9. Access restriction and account termination
If a user violates one or more of the Terms stated in this page and/or its linked Policies, DANIELA AZZIP TRAINING might, in our sole discretion and at any time: (a) terminate, suspend or restrict access to our Services; (b) deactivate or delete the user account, removing all data submitted by him 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.
10. License and Reservation of rights
10.1. Unless otherwise stated, DANIELA AZZIP TRAINING owns the property rights for all Services and content on our website and online platform, including 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.
10.2. You must not attempt to discover our source code, nor duplicate, copy, redistribute, transmit, display, perform, publish, sell, rent, sub-license or reproduce any material from our website and online platform. Redistribution of content from DANIELA AZZIP TRAINING is strictly prohibited. If required, you may view and/or print pages for your own personal use, subject to restrictions set in these Terms and Conditions.
10.3. If you violate one or more of this 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.
10.4. "Daniela Azzip Training" and our logo are trademarks of DANIELA AZZIP TRAINING and might not be copied, reproduced, imitated or used, in whole or in part, without our prior written permission.
10.5. If you believe in good faith that anything on our website or online platform is owned by you, please notify us at firstname.lastname@example.org or on our mobile, 07940956633, so we can remove this content from our website. 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.
11. 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 this Terms and Conditions and respective policies on this person behalf;
(c) you will use our Services in an appropriate and consistent matter, according to this 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 16 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).
12.1. 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.
12.2. 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.
12.3 OUR WEBSITE AND ONLINE PLATFORM OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON OUR CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL NUTRITIONAL OR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU MUST ALWAYS CONSULT A SPECIALIST. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL DUE TO SOMETHING YOU MAY HAVE READ ON WEBSITE OR ONLINE PLATFORM. THE USE OF ANY INFORMATION PROVIDED ON WEBSITE AND ONLINE PLATFORM IS SOLELY AT YOUR OWN RISK.
12.4. NO INFORMATION, STATEMENT, POST OR SERVICE AVAILABLE ON OUR WEBSITE OR ONLINE PLATFORM IS INTENDED TO BE, AND MUST NO BE TAKEN AS THE PRACTICE OF 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.
12.5. 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.
12.6. OUR WEBSITE AND ONLINE PLATFORM ARE CONSTANTLY UNDER DEVELOPMENT AND DANIELA AZZIP TRAINING MAKES 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. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN OUR WEBSITE AND ONLINE PLATFORM WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
12.7. 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.
13. Limits on Liability
13.1. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL DANIELA AZZIP TRAINING, OR OUR DIRECTORS, OFFICERS, CLIENTS, MEMBERS, TRAINERS, EMPLOYEES, CONTRACTOR, SPONSORS 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, 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.
13.2. 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.
13.3. IN NO EVENT SHALL DANIELA AZZIP TRAINING'S 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.
13.4. 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 12 AND 13 MAY NOT BE APPLICABLE TO YOU.
13.5. NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
14.1. You agree to defend, indemnify and hold DANIELA AZZIP TRAINING (and each of our officers, directors, trainers, employees, clients, members, agents, 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.
14.2. 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 DANIELA AZZIP TRAINING for violations of these Terms in accordance with this section.
14.3. 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.
14.4. In the event of this Agreement being terminated for some reason, this Section 14 shall remain applicable after termination.
15. Jurisdictional issues
DANIELA AZZIP TRAINING makes no representation or warranty that the materials and content on website and online platform and/or our Services are appropriate or available for use in locations outside the Europe. Those who decide to access our website, online platform, or use 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. DANIELA AZZIP TRAINING holds the right, at any time and in our sole discretion, to limit the availability and accessibility of our website, online platform and Services to any person, geographic area, or jurisdiction if we consider this necessary, and to limit the quantities of any Service or products that we provide.
16. Other terms
16.1. These Terms represent the entire Agreement, and exceed all previous and/or current understandings between both parties
16.2 All Terms are effective, regardless of it's enforcement
16.3. 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
16.4. Headings of Sections are for convenience only and do not limit such Sections, nor have any legal or contractual effect
16.5. You may not assign any of your rights or obligations under these Terms without prior written consent from DANIELA AZIP TRAINING. However, we may assign any or all of our rights under these Terms, partially or in whole, without obtaining your consent or approval
16.6. 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