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Terms and Conditions.

1. INTRODUCTION

These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.flexifitt.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Jonika Technologies Ltd). Please read these terms and conditions, carefully before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, etc.). The terms “Jonika Technologies,” “us” or “we” refers to Jonika Technologies Ltd. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smartphones and tablets. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.

2. INFORMATION ABOUT US

www.flexifitt.com and FlexiFITT - Splits Challenge application are operated by Jonika Technologies Ltd. We are registered in England and Wales under company number 11126816 and have our registered office at 20-22 Wenlock Road, London, United Kingdom, N1 7GU.

We are a limited company.

3. CHANGES TO TERMS AND CONDITIONS

We reserve the right to update Terms and Conditions at any time. We will, however, notify you of this in good time prior to use.

4. MEDICAL DISCLAIMER

Our Products, including FlexiFITT - Splits Challenge, contain general information about fitness. The information is not complete or comprehensive. Fitness is subject to constantly evolving knowledge in relation to health science and sports science. Although we base our trainings tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge. You should not rely on the information on this website and our other Products as an alternative to medical advice from your doctor or healthcare provider. Nothing contained on this website and our Products should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified healthcare provider. Should you have any healthcare related questions, please call or see your physician or other qualified healthcare provider promptly.

Always consult with your physician or other qualified healthcare provider before engaging in a new treatment, diet or physical activity. If you have any specific questions about these matters you should consult your doctor or other healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website or our Products. You are encouraged to consult your physician or your local healthcare provider to obtain professional medical advice, which may agree or disagree with the information and materials contained on this site. You should consult your own physician or your local healthcare provider regarding your own symptoms, medical condition, treatment or medications.

A condition for the use of our Products, including FlexiFITT - Splits Challenge, is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start using our Products (such as trainings or coachings).

This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures:

  • cardiovascular disease
  • blood pressure problems
  • lung or respiratory disease (including asthma)
  • spinal and/or joint problems
  • neuromuscular disease
  • surgical procedures
  • any other health issues

In addition, our female users should note that pregnant women and breastfeeding mothers should not do the trainings and coachings offered by us.

Do not use our Products for medical emergencies.

5. DISCLAIMER OF GUARANTEES

We do not make any representations or guarantees that the use of our Products will produce results intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Flexi FITT applications.

6. USE OF PRODUCTS BY MINORS

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms.

7. DEVICE REQUIREMENTS

To enjoy our Products, like FlexiFITT - Splits Challenge, via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and Apple App marketplaces.

8. PROHIBITED USE OF THE PRODUCTS

8.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.

8.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.

8.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.

8.4 You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Jonika Technologies.

8.5 Our Products are intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of our Products for commercial purposes of any kind is expressly prohibited.

9. INTERNET SECURITY

Jonika Technologies strives to protect any information submitted to any of our sites and Products. However, it would be impossible for us to guarantee that any information is completely safe due to the nature of the Internet. Therefore, you acknowledge and accept this risk upon providing any personal data to Jonika Technologies.

Data that we collect on you will be passed to an enforcement agency should we feel you are misusing our sites or services and we will provide this information to third parties if we have a legal obligation to do so. Please see our privacy policy for more information.

10. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and on our Products, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

The Products we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than Jonika Technologies’s websites, is not permitted. The right of use will lapse when your access to the respective application is no longer enabled or when your user contract ends.

11. LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site or our Products; or use of or reliance on any content displayed on our site or our Products.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

12. PERSONAL DATA AND PRIVACY

We process your personal data in accordance with our privacy policy; you can always retrieve the current version of these at www.flexifitt.com/privacy. In particular these data protection provisions govern and explain the extent to which your personal data can be seen and used.

13. FINAL PROVISIONS

13.1. The relationship between the parties is governed exclusively by UK law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.

13.2. If you do not have a place of general jurisdiction in the United Kingdom or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.

13.3. The language of the contract is English.

13.4. Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.