Terms and Conditions
- PARTIES TO THE AGREEMENT
- The Provider, generically referred to as the “COMPANY” represented by one of the partner or collaborating companies below:
- Fit Express US
1310 Londonderry Pl
West Hollywood, CA 90069
- User means the natural or legal person who interacts with the website and/or purchases the products and services offered by the Provider,
hereinafter collectively referred to as the “Parties” and individually as the “Party”.
– The Provider provides the User with electrostimulation equipment/accessories and online training courses;
– The User wishes to purchase any/all offerings
have agreed to enter into this Agreement on the following terms:
- SUBJECT MATTER OF THE AGREEMENT
- The object of the agreement is the sale by the Provider of electrostimulation equipment/accessories and courses presented on the online platform www.fit.express to the User. In the case of the purchase of products and/or services offered by the Provider, the Order (“Order”), whether placed electronically by the User on any website belonging to the User, or via phone/email, constitutes the Agreement.
III. DURATION OF THE AGREEMENT
- This Agreement shall enter into force from the time of the User’s purchase of the products and/or online services of the course(s) provided by the Provider and shall terminate on the date communicated in advance to the User.
- PRICE OF THE AGREEMENT AND PAYMENT ARRANGEMENTS
- The prices of the products and/or online services will be those communicated on the www.fit.express pages.
2. Payment can be made by bank transfer or payment order and is payable in full at the time of placing the order.
3. In the case of the User electing for payment plans, the price of the course will be communicated on the individual sales pages for each course.
4. All amounts paid in advance for online products and/or services will be processed at a later date and are non-refundable.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
The Provider agrees to:
1.1. Provide the User with live webinar courses for which the User will not be required to install any additional software.
1.2. Provide the services requested under the best conditions and within the deadlines communicated in advance to the User and unilaterally set by the Provider.
1.3. To make the purchased products available to the User at the agreed-upon terms set forth in each individual Agreement.
- The User agrees:
2.1 To pay the agreed price for the contracted products/services within the deadlines set out in the agreement. If the User does not honor the payment deadlines communicated by the Provider, the Provider is released from the obligation to deliver the products and/or provide the online training services or the delivery of the ordered products.
2.2. To attend all online training classes.
2.3. To use all professional competence and experience in the field.
2.4. To comply with all tasks given to him/her by the Provider, its employees or its agents throughout any online courses taken.
2.5. Gives his/her consent for the Provider to use his/her name and image, as well as any other data, information, value or statistics containing the User’s person, activity or result following the course, for promotion and publicity with regard to his/her public communications and in marketing campaigns promoting participation in the course in any form (including website, social media TV, etc.), without the Provider being held at any cost to the User.
2.6. expressly agrees to the filming and photographing of him/herself during the courses covered by this contract, or after the course but in close connection with it, and to the use of the images in the video material to be produced by the Provider
2.7. He expressly agrees that the said video materials, image rights and any video materials made by the Provider in connection with the course which is the subject of this contract shall be assigned to the Provider on an exclusive basis, for all territories of the world, the Provider having, including without limitation the exclusive right to: use, display, exhibit, market, publish, the right to reproduce all or part of the materials, promote and distribute in any format (including, without limitation, television, video, audio, internet, mobile and electronic communication devices and systems) and in any manner deemed appropriate by the Provider.
2.8. Expressly agrees to be contacted with information about promotional courses and ancillary products via online communications. However, you will have the option to subscribe or unsubscribe from such communications. You will also have the opportunity to indicate that you no longer wish to receive direct marketing materials from us or our trusted partners in any online communication.
- Each Party shall be responsible for the full, complete, and timely performance of all obligations under this Agreement.
2. Acceptance of the Site Terms and Conditions is confirmed by transacting with the Provider whether online or offline. By accessing and using the Site you expressly and unequivocally accept the Terms and Conditions of the Site in their latest version communicated on the Site.
3. The parties mutually agree that if the User makes the course available to a third party without the express consent of the Provider (art V.2.7 of the agreement), the latter shall be liable to pay the Provider the sum of $5,000 USD per obligation breached by way of damages.
VII. CONFIDENTIALITY CLAUSE
- The User undertakes to maintain confidentiality towards third parties, not to disclose in any form or by any means, not to use in any way, either directly or indirectly, either for its own benefit or for the benefit of another, any material, documents, data, information resulting from/ in connection with the terms of this contract or other confidential matters belonging to the Provider, of which the User has become aware in any way during the term of the contract.
2. The obligation of confidentiality, as set out above, shall remain incumbent on the User for 10 (ten) years from the date of termination of this contract. Confidential information shall mean any information belonging to the Provider or to third parties with whom the Provider has business relations or concerning their activity and which is transmitted by the Provider in the performance of the Contract, as well as any relevant information relating to the User (including, but not limited to, that referred to in lit. a) – c) below), whether such information has been transmitted by the Provider or third parties, received by the Provider in written, oral or any other form, and which relates including but not limited to:
(a) the business, marketing and financial plans of the Provider, as well as of its customers and/or third parties with whom it has business relations or with whom it comes into contact by nature of the activity carried out;
(b) the organisational, information and management system of the Provider;
(c) information relating to the names of the Provider’s customers and suppliers, as well as any other information relating to technical, financial, commercial data, whether or not the words “confidential” or “proprietary” appear in the documents in question.
3. The User declares and understands that they will use the confidential information that comes to them during the performance of this Contract only in the interest and for the purpose of fulfilling its contractual obligations and undertakes not to pass it on to third parties, for whatever reason and in whatever form it may be passed on.
4. If they are found to have breached their confidentiality obligation, they shall owe the User penalties equal to the damage caused.
5. Any statements or interviews, as well as the disclosure of any information to the media in connection with the course, may be made by the User only with the prior consent of the Provider.
6. All intellectual property rights in the program, course models, and any material used by the trainers included in the training program during the training process are the exclusive property of the Provider and are protected by intellectual property law.
VIII. NON-COMPETITION CLAUSE
- The User guarantees and undertakes not to compete directly or indirectly with the activity of the Provider, nor to carry out, directly or indirectly, itself, its employees, or its intermediaries, free of charge or for a fee, other courses having the same or similar subject matter as that provided by the Provider.
2. Insofar as this obligation is breached, the User shall be liable to pay damages to the Provider, the amount of which shall be a minimum of EUR 30,000. Insofar as the damage caused is greater, the Provider shall be entitled to full compensation.
- This Contract shall terminate in the following cases:
1.1. by expiry of the term;
1.2. by written agreement of both parties;
1.3. by termination.
- The parties shall have the right to consider the contract terminated as of right, without notice of default and without any other prior formality, if the party at fault breaches any of the obligations in this contract considered by the parties to be essential and does not remedy this situation within a maximum of 3 days after receiving notice to this effect from the other party (the notice may also provide for a shorter period, depending on the circumstances).
- In the event of non-payment in time of the contracted products / services, the Provider is released from the obligation to provide the online training services or to deliver the ordered products.
- RETURN/CANCELLATION POLICY
1.Any Products purchased from Fit Express US may not be returned and may only be exchanged if defective within 30 days of receipt.
- No refunds shall be offered for purchases of online training courses, whether or not they were attended by User.
- The parties expressly understand and declare that if the User does not attend all the hours or does not perform accurately, completely and on time all the tasks and assignments given to him/her by the Provider, he/she will not benefit from the “100% GUARANTEE”, if any.
- MAJOR FORCE
- Neither Party shall be liable for failure to perform on time and/or improper performance – in whole or in part – of any obligation incumbent upon it under this Agreement, if the failure to perform or improper performance of such obligation was caused by force majeure as defined by law.
2. The party invoking force majeure is obliged to notify the other party within 5 (five) days of the occurrence of the event and to take all possible measures to limit its consequences.
3. If within 10 (ten) days of the occurrence of the event in question, the Parties shall be entitled to give notice of termination of this contact without any claim for damages.
XII. OTHER CLAUSES
- The User shall not be entitled to assign and/or transfer any rights and/or obligations arising from or deriving from the course to a third party without the prior written consent of the Provider.
2. The parties understand and accept that all sums received from partnerships, promotions and/or advertising in connection with the course which is the subject of these terms and conditions shall accrue exclusively to the Provider.
3. In the event of non-payment of the contracted services, as per Article IV, the Provider shall be released from the obligation to provide the online training services.
4. The parties expressly understand and declare that if the User does not attend all the lessons or does not complete all the tasks and assignments offered to him/her by the Provider exactly, in full and on time, he/she shall not benefit from the “COURSE SUCCESS GUARANTEE” or “100% GUARANTEE” , if any.
5. No refunds shall be offered for purchases of online training courses, whether or not they were attended by User.
6. Delay in payment for more than 3 days entitles the Provider to interrupt access to the services provided until the amounts due have been paid, in accordance with Article IV.
XIV. AGREEMENT DOCUMENTS
- These terms and conditions
- Any other information from https://www.fit.express/
- All disputes and controversies relating to this contract shall be settled amicably.
2. If the parties fail to reach an amicable settlement, any dispute arising out of or in connection with this contract, including the conclusion, invalidity, interpretation, performance or termination thereof, shall be finally settled through mediation or else arbitration in a court in Los Angeles, CA
XVI. FINAL CLAUSE
- The parties declare that they fully understand the effects of the clauses of these terms and conditions and that these clauses reflect the joint and undivided will of the parties.
2. Any communication between the parties relating to these terms and conditions may be sent by e-mail or letter in accordance with the legal provisions in force.
3. These terms and conditions may be amended by the User without the written consent of the contracting parties.
4. The clauses of these terms and conditions shall be supplemented by the legal provisions in force.
5. These terms and conditions are subject to the provisions of U.S. law.
6. The present terms and conditions are without prejudice to any other contract concluded between the Parties.
Last updated: November 23, 2022
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Fit Express US, 1310 Londonderry Place.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: California, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Fit Express, accessible from www.fit.express
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on TermsFeed website article.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Delete Your Personal Data
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: firstname.lastname@example.org