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.
II. TERMS AND CONDITIONS
A. INTERNET ACCESS
B. WEBSITE INTENDED FOR ADULTS
D. AUTHORISED USE & PASSWORDS
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.
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.
H. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RISK OF LOSS
1. WARRANTIES DISCLAIMED
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
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.
L. ENTIRE AGREEMENT
M. CHOICE OF LAW
N. DISPUTE RESOLUTION
O. HEADINGS FOR CONVENIENCE ONLY
Q. MARKS & MATERIAL
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 firstname.lastname@example.org
Please direct all inquiries and other communications relating to the website and / or the services to email@example.com.
T. LOCAL LAWS
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.
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.