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TERMS AND CONDITIONS OF SERVICE

Welcome to our website, which is available via the Internet to the general public (the “website”).

This website provides information about the business of Capital Fitness Holding Limited, a special purpose company formed under the rules of the Abu Dhabi Global Market in the United Arab Emirates, as well as the business of its affiliates (Capital Fitness Holding Limited and its affiliates collectively being referred to as “CF”).

The website and its contents and related services are owned by CF.

These are the terms and conditions that govern the use of the website by any entity other than CF (such entities being referred to as “you“, with “your“ and “yourself“ having corresponding meanings).

By accessing and / or using the website, or otherwise availing yourself of the services and information and content offered through the website, you are deemed to have agreed to, and to be legally bound by, these Terms and Conditions of Service (“Terms”), whether or not you have a personal training membership with CF or are only visiting. For the avoidance of doubt, these Terms also apply to any other entity on whose behalf you may be acting when you access and / or use the website.

You agree that CF may, from time to time, and in its sole discretion and without notification to you, modify these Terms. It is your responsibility to inform yourself of any revisions or modifications each time you visit or use the website.
You are prohibited from accessing and / or using the website except in a manner entirely consistent with these Terms.

I. OVERVIEW

CF is the provider of access to the website, which contains information about sports and conditioning training, wellness and nutrition advice in addition to details about CF’s various product and service offerings.
CF has created the website to provide online access to this information.
The products, services, features and information which you may acquire through the website are referred to in these Terms as “services.”

II. TERMS AND CONDITIONS

A. INTERNET ACCESS

In order to access the website and / or acquire services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web.

B. WEBSITE INTENDED FOR ADULTS

Unless you have express permission from your parent(s) and / or guardian, you must be 13 years old or older to access, purchase from, or otherwise use any services via, the website. No individual under 13 years old is permitted to use or access the website or use any services.

C. AVAILABILITY

CF makes no representation or undertaking regarding the availability of the website or any services (including the availability of any specific services).
CF reserves the right, in its sole discretion, to discontinue the website or any services and / or modify the contents of the website or the terms of any services as CF sees fit, including, but not limited to, the prices for services, descriptions, and other e-commerce related information and / or functionality. You agree that CF will not be liable to you for any such discontinuance or modification of the website or any services.

D. AUTHORISED USE & PASSWORDS

CF grants you a limited license to access and make personal use of the website only for purposes and uses that are lawful and that are permitted by these Terms.
Other than page caching, and / or podcasts or apps on the Apple or Android App Stores, you are not authorised to download or modify the website or any portion of it, except with the express, prior written consent of CF.
This license does not include and specifically prohibits: any commercial use of the website or any of its contents (except for your purchase of services); any derivative use of the website or any of its contents; any downloading or copying of account information for the benefit of another person or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You must not post or transmit through the website any material that: (i) infringes, misappropriates or otherwise violates the rights of any entity, including intellectual property rights; and / or (ii) that is unlawful, threatening, harassing, hateful, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or embarrassing to another any other entity, sexually explicit, or is otherwise objectionable in CF’s sole discretion, or which encourages conduct that would constitute a criminal offense, or which gives rise to civil liability or otherwise violates any law, or which contains advertising or any solicitation with respect to products or services.
You are also prohibited from using the website in any way that restricts or inhibits any other website user from using or enjoying the website consistent with the letter and intent of these Terms.
Any unauthorised use will be deemed to automatically and immediately terminate the license to access and use the website granted by CF to you pursuant to these Terms.
You are responsible for maintaining the confidentiality of your website account and password and for restricting access to your computer, and you are responsible for all activities that occur by any entity using your account or password, whether or not such activities have been authorised by you.
You agree to immediately notify us of any unauthorised use of your account or any other breach of security of which you become aware.
CF reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

E. LINKING (TO & FROM) THE WEBSITE; ADVERTISERS

1. LINKED-TO SITES

CF may, from time to time, provide, via the website, links to other internet sites or resources and / or advertisements or other such promotional materials for third parties.

CF is not responsible for and gives no representation or endorsement of: (a) the availability of linked-to sites or resources; (b) the accuracy, value, or completeness of any content available at or through the linked-to sites; or (c) the goods or services offered via linked-to sites.

CF shall not be responsible or liable to you in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to sites and / or the quality of any goods or services offered by or through any linked-to site.

F. PRIVACY POLICY

CF takes your privacy seriously and will not disclose to any entity details of your website account, password or use, except as required by law or with your permission.

G. PROHIBITION AGAINST HARMFUL TRANSMISSIONS & APPROPRIATE USE OF WEBSITE

You are responsible for all of your communications and postings, including, but not limited to, comments, commentary, suggestions, resumes, job postings and otherwise.

You must not upload, post, e-mail, or otherwise transmit to the website or to any other user of the website any messages, programs, or other materials (including, but not limited to, trojan horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment or collect or mine information about the website or other users.

CF does not have an obligation to assess, or guarantee, the accuracy or appropriateness of any communications or postings, even if CF elects, in its sole discretion, to do so or to attempt to do so from time to time. CF is not responsible for any content produced, uploaded or otherwise displayed on or in relation to the website, by any entity other than CF itself.

You must not decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the website.
You must not violate or attempt to violate the security of the website, including, without limitation, unauthorised access of data; circumventing authentication mechanisms; or interfering with the website in any way.
You must not use any engine, software, tool, agent or other device or mechanism (including, but not limited to, browsers, spiders, avatars or bots / intelligent agents) to navigate or search the website other than as provided through the website and / or a standard third party browser (e.g., Firefox, Safari, Chrome, Internet Explorer).
You must not “frame” this website or display the website’s content through any other URL or in conjunction with another company name or trademark.
You must not copy the HTML code created by or for CF to generate the website.

H. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RISK OF LOSS

1. WARRANTIES DISCLAIMED

NEITHER CF NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.
EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, SERVICES ARE MADE AVAILABLE “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER CF NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF CONTRACT, OR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE OR SERVICES, (B) THE OPERATION OR MALFUNCTION OF THE WEBSITE OR SERVICES, OR (C) YOUR PURCHASE OF SERVICES (OR ANY OTHER PRODUCTS OR SERVICES) VIA THE WEBSITE, IN EACH CASE REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING.

2. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY LAW, CF SHALL HAVE NO LIABILITY FOR ANY OTHER PERSON’S ACCESS TO, NOR ANY ALTERATION, THEFT OR DESTRUCTION OF ANY INFORMATION CONTAINED ON, THE WEBSITE, WHETHER THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL ACTS.

IN ANY EVENT, THE LIABILITY OF COMPANY TO YOU FOR ANY REASON AND IN CONNECTION WITH ANY CAUSE OF ACTION SHALL BE LIMITED TO, AND SHALL IN NO EVENT EXCEED, THE GREATER OF: (A) ONE HUNDRED EMIRATI DIRHAMS (AED 10.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES VIA THE WEBSITE, (B) THE COST OF SUCH DISPUTED SERVICES (I.E., THE AMOUNT YOU PAID TO CF FOR SUCH SERVICES). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY OTHER CAUSES OF ACTION OR ALLEGATIONS.

3. RISK OF LOSS, RETURNS & REFUNDS

Some services purchased from the website are made pursuant to a shipment contract. The risk of loss and title for such services passes to you upon delivery to CF’s carrier. CF does not take title to any returned items until the item arrives at our fulfillment center. CF may, in its sole discretion, issue a refund without requiring a return.

I. HEALTH DISCLAIMER

This website provides sports training, wellness, physical training, fitness, nutrition and other related information, applications, and content, all of which is intended only to assist the general public in its personal training, wellness, physical fitness, nutrition and sports efforts, and not any individual in particular.

CF is not a medical organisation and cannot – and does not – give you medical advice or a medical diagnosis. Nothing contained in this website shall be construed as medical advice or a medical diagnosis. No information provided by CF shall be interpreted or relied upon as a substitute for, or in the absence of, medical advice provided by a physician and related evaluation and treatment, and your own good sense and personal judgment about your own condition.

The risk of injury from participation in a fitness regimen and / or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should and must consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on this website.

Any text, pictures, and description set forth in this website is for educational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques) and does not advise that you or any other website user undertake or perform any particular technique or exercise.

You agree that you will not undertake or perform any exercise or technique described in this website until and unless you consult with and are cleared by a medical physician in relation to such participation.

The website is not intended for use by individuals with any type of health condition, risk and / or problem. As with all other users of this website, such individuals are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, or exercise regimen.

J. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CF (including all companies comprising CF), and all of their respective directors, officers, members, employees, assignees and agents, and to defend any claim or action brought against any of the same with respect to any claim, demand, cause of action, debt or liability, including, without limitation, reasonable attorneys’ fees and costs, to the extent that such claim or action is based upon a claim that: (i) would constitute a breach of any of your representations, warranties, obligations or agreements under these terms: (ii) arises out of or relates to your use of the website; or (iii) arises out of your acts or omissions.

K. SEVERABILITY

In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained in these Terms shall be held invalid, these Terms shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (e.g., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).

L. ENTIRE AGREEMENT

These Terms set forth and contain the entire agreement with regard to the matters set forth herein between yourself and CF. There are no promises, terms, conditions, or obligations other than those contained in these Terms. These Terms supersede all previous communications, representations, or agreements, either verbal or written, between and among the parties with respect to the subject matter hereof.

M. CHOICE OF LAW

These Terms, and any disputes arising from, relating to, or touching upon the Terms and / or the subject-matter hereof, shall be construed in accordance with and governed by the laws of England and Wales.

N. DISPUTE RESOLUTION

Any dispute arising out of, concerning, or relating to these Terms, the website, the services or any matter in any way connected with any of the foregoing, shall exclusively be brought, if at all, only by way of an arbitral claim filed with Abu Dhabi Global Market inn Abu Dhabi, UAE (“ADGM”).
By accessing and / or using the website, you hereby agree and consent to the exclusive jurisdiction of ADGM in connection with any such dispute.
The rules of such arbitration will be the rules of the London Centre of International Arbitration. The number of arbitrators will be one and he or she will be appointed by ADGM. The seat, or legal place, of arbitration, will be ADGM. The language of the arbitration will be English.

O. HEADINGS FOR CONVENIENCE ONLY

The headings used in these Terms are for convenience only. The headings do define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.

P. WAIVER

The waiver by one party of a breach of any provision of these Terms by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.

Q. MARKS & MATERIAL

The website contains copyrighted material, trademarks and other proprietary information which may include text, software, photos, video, graphics, music and sound.
The entire contents of the website are copyrighted by CF and are subject to copyright laws.
CF owns the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
You must not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without the express permission of the CF and the copyright owner, if other than CF.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You do not acquire any ownership rights by downloading copyrighted material or otherwise using the website.
In the absence of the owner’s prior written permission, you must not display or use in any manner (other than as set forth in these Terms), any trademarks or content found on the website.

R. COPYRIGHT COMPLAINTS

CF respects the intellectual property of others – and expects others to respect CF’s intellectual property. If you believe that your work has been copied or otherwise appears on this website in a way that constitutes copyright infringement, please notify us immediately in writing (via email) at info@thecapitsalfitness.com.

S. CONTACT

Please direct all inquiries and other communications relating to the website and / or the services to info@thecapitalfitness.com.

T. LOCAL LAWS

You warrant and agree that your access to and use of the website is in compliance with the laws governing such access, use, and related conduct in your geographic region.

U. PROHIBITED CONDUCT

Use of the website or the corresponding services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of applicable laws and may result in civil liability and / or criminal prosecution.

Furthermore, without limiting other remedies, CF may immediately issue a warning and / or temporarily or indefinitely suspend or terminate your right to use and access the website and any membership or service you have purchased from CF if you: (1) breach these Terms, or the terms of any other contract between you and CF; and / or (2) take or fail to take actions that CF believes may result in legal liability for you, for CF, or for other website users.
In addition, CF reserves the right to deny access to the website and / or any elements or content of the website to any person at any time and for any reason.

V. ADDITIONAL E-COMMERCE PROVISIONS

CF does not warrant that the descriptions of any services (or any other things offered for sale by CF via means other than the website, but described on the website (“real-world services”)) or of any portion of the content of any service is accurate, complete, reliable, current, or error-free.

If any service provided is not as described, your sole remedy is to return it in unused condition.

All features, content, specifications, products and prices of services or real-world services described or depicted on this website are subject to change at any time without notice.

CF cannot confirm the price of any service real-world services until you order it. Despite CF’s efforts, a small number of the items referred to on this website may be mispriced. If the correct price of an item sold via the website is higher than the stated price, CF will, at CF’s discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.

CF makes reasonable efforts to accurately display the attributes of products sold via the website, including the applicable colours; however, the actual colour you see will depend on your computer system, and CF does not guarantee that your computer will accurately display such colors.

The inclusion of any services on this website at a particular time does not imply or warrant that these services will be available at any time.

By placing an order, you represent that the services ordered will be used only in a lawful manner.

All DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and must not be duplicated.

While it is CF’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute CF’s acceptance of an order or CF’s confirmation of an offer to sell a service.

CF reserves the right, without prior notice, to limit the order quantity in respect of any services and / or to refuse service to any customer. CF also may require verification of information prior to the acceptance and / or shipment of any order.

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