Terms & Conditions
Welcome to FITLYFT Platform.
FITLYFT is an intermediary electronic platform in the Kingdom of Saudi Arabia specialized in the field of personal training, the platform allows trainers to view their subscription services through the platform and allows customers to review the services of trainers and request subscription through the platform, and provides FITLYFT platform services according to the following terms and conditions:
-----------------
First: Definitions
In this Agreement, unless the context otherwise requires, the following terms shall have the meanings indicated.
" FITLYFT, " FITLYFT Platform", "we", "us" or "our" refers to the FITLYFT Platform and the Mohammed Tahseen Abdullah Mohammed Trading Establishment in the Kingdom of Saudi Arabia as well as to the websites and applications of the FITLYFT Platform.
"Agreement" refers to this document and its terms and conditions, including contractual and legal rights and obligations, as well as the privacy policy related to the collection, management and processing of data, and any contracts or special agreements concluded between the FITLYFT platform on the one hand and any of its users on the other hand, and it is part of the agreement to describe the services, mechanisms of work and use, methods of operating the FITLYFT platform, registration in the services and benefiting from them.
"User", "you" or "your" refers to any person who uses the FITLYFT platform in any way, whether he registers an account with the FITLYFT platform, visits the FITLYFT platform, uses or stays on the FITLYFT platform, or any person who benefits from our services in any way.
"Trainer" refers to every person who registers on the platform to provide personal training services and all services allowed to be provided through the platform, and who must be licensed to provide remote sports training services in the Kingdom of Saudi Arabia, whether he or she is a coach, while adhering to the terms and conditions of this agreement.
"Customer" refers to any person who registers in the Application for the purpose of subscribing to the services provided by service providers through the Platform, while adhering to the terms and conditions of this Agreement.
"Services" refers to the services provided by trainers through the platform, which include personal training services such as fitness exercises, muscle exercises and nutrition, whether on a monthly subscription system or a specified quota system, which must be offered and provided in accordance with the terms and conditions of this agreement.
"Subscription" refers to the subscription service for trainers services that is provided through the platform and which the customer can subscribe to monthly and pay for it through our approved payment methods.
"Classes" refers to the specific classes offered by trainers through the Platform, which include providing training services for a certain number of hours on specific days and the customer can purchase them through the Platform, which are paid for through our approved payment methods.
"Content" refers to all texts, images, videos, attachments, files of all types and formats, symbols, numbers, instructions, information and data available through the FITLYFT platform by any of the users of the FITLYFT platform.
"Third Parties" refers to all parties that are not under our control and that may assist us in providing the services of the FITLYFT Platform, whether directly or indirectly, and whether they are contracted with us or not with us.
"Laws" or "Regulations" refers to the laws, regulations and decisions in force in the Kingdom of Saudi Arabia.
Second: Platform Services
The platform provides its users with the following services:
1. The platform allows trainers licensed to practice sports training to register on the FITLYFT platform, so the trainer can view his services that can be provided remotely, including nutrition, muscle exercises and fitness exercises. The service provider can determine the financial compensation to benefit from its services in the following ways:
- Subscription system: The trainer provides his services to customers on a monthly subscription system, specifying the monthly fee that the customer must pay in exchange for the customer to benefit from the services periodically.
- Quota system: The trainer provides his services to customers on the quota system by specifying a specific number of classes, their dates and the financial compensation for the classes in which he will provide his services to customers.
2. The platform allows customers to review the trainers registered on the platform and choose the personal trainer who wishes to benefit from his services through the platform, as well as choose from the quotations available on the platform, as well as choose payment plans, whether subscription system or quota system, as provided by the trainer.
3. The platform provides electronic payment methods to pay for services and subscriptions through it, which are payment methods that suit all our users within the Kingdom of Saudi Arabia, and the use of payment methods is subject to the payment and refund policy and conditions contained in this agreement.
4. We provide a specialized team to manage the platform and its websites and electronic applications, manage the platform's services, receive inquiries and complaints and try to resolve them.
Third: Service Delivery Mechanism
1. The services are offered by the trainers registered on the platform, so to view the services, it is required to register an account on the platform, and through the account, the trainer can submit offers, prices and payment plans.
2. Applications are submitted by customers after reviewing the trainers registered on the platform, choosing the services he wishes to obtain, communicating with the trainers, and agreeing on services through the platform.
3. The service, subscription and payment request is opened through the platform through the electronic payment methods approved by us, and the requests are not submitted directly between the parties, as the platform is not responsible for any requests submitted outside the platform.
4. Our services are determined by the management of the FITLYFT platform, and the services are provided in accordance with the terms and conditions of this agreement and in accordance with the laws in force in the country of service provision, and we have the right to update the services at any time or add any conditions dedicated to each service. Service providers and customers therefore comply with all the terms, obligations and policies that we provide for our services.
Fourth: Legal Scope of Our Services
1. Our services are provided as an intermediary electronic platform between trainers on the one hand, and customers on the other hand, and the role of the FITLYFT platform is limited to achieving the process of linking and communicating between the parties and saving and recalling data only, and therefore you know and agree that the role of the platform is technical only.
2. The FITLYFT platform does not interfere in any way in providing the services that are provided through it and the services are provided directly by the trainers, who are professional persons who provide their services in the manner agreed upon with customers, and the FITLYFT platform does not have any supervisory or supervisory authority over the trainers.
3. The FITLYFT platform does not interfere in any way in requesting the services that are provided through it, and the services are requested directly by customers, and the customer receives the service from the trainers at his personal responsibility.
4. The content provided through the platform is subject to the terms of displaying the content contained in this agreement, and each party provides the content at its own risk, and each user relies on the content provided by another user through the platform at his own risk.
5. The platform is not jointly or subsequently liable with any of the platform's users, whether they are trainers or customers, and the services are provided and benefited from at the users' responsibility without any legal, consequential or joint liability, compensation or fines on the platform, its management or owner.
Fifth: Legal Limits of the Agreement
1. This agreement was prepared by the management of the FITLYFT platform, and it is submitted through the FITLYFT platform for acceptance in full without excluding any terms or conditions contained therein or rejecting it as it is and not using the FITLYFT platform, and this agreement includes all the terms and conditions that regulate the legal relationship between the FITLYFT platform on the one hand and the users of the FITLYFT platform on the other hand.
2. You know that this agreement is an electronic contract with full conditions and elements, prepared and drafted in accordance with the applicable laws and is prepared for acceptance and approval electronically, and it produces all its legal effects once accepted and approved in accordance with the provisions of this agreement.
3. You know that all legal effects arising from this agreement are effective against all users of the FITLYFT platform, and no user may derogate from his obligations in any way, not to recognize them, or claim to reject them in violation of the provisions of the agreement.
4. You know that this agreement constitutes the entire agreement between you and the FITLYFT platform, and that it cancels and replaces any previous agreements, whether oral or written, and all written contracts and agreements subsequent to this agreement that are expressly stated to be complementary to this agreement or that regulate the use of any of the services of the FITLYFT platform, and in the event that any of the terms of the contract conflicts with any of the terms of this agreement, the conditions shall apply in this case. Contained in the contract as a private agreement between the parties.
5. You know and agree that the FITLYFT platform is the only competent authority to interpret any clause or condition stipulated in this agreement, and you may not resort to any governmental or non-governmental entity to clarify any of the conditions that are not clear to you, and you must contact us immediately and we will provide you with all the required clarifications.
6. You know and agree that this agreement is subject to continuous updating to ensure that the legal relationship between the FITLYFT platform and its users is optimally organized, and the amendments and updates with legal force will be binding on this agreement.
7. The scope of implementation of the provisions of this agreement extends to the FITLYFT platform and all applications and sites associated with or affiliated with it, and on all our services that are provided inside or outside the FITLYFT platform, as well as any other services directly or indirectly related to the services of the FITLYFT platform.
Sixth: Mandatory Contract Conditions
To accept the contract with the user, his final approval of the terms and conditions and the privacy policy is required after reviewing all their provisions, in addition to that, the user must meet the following mandatory conditions:
1. The user must be 18 years of age or older, and the user acknowledges that he has reached the legal age required to enter into this agreement with us, and if the user is less than that, he must use the FITLYFT platform under the supervision of a parent or legal guardian of the minor.
2. The user must have full legal capacity to benefit from the services of the FITLYFT platform and enter into this agreement with us, without being infected with any of the symptoms of eligibility, such as the foolish, insane, moron and indiscriminate.
3. The user must have full powers to enter into this agreement with us, as every person who provides or benefits from the services through the FITLYFT platform represents himself only, and you are not authorized to use the FITLYFT platform on behalf of another person unless you have legal powers that allow you to do so.
Seventh: Digital Signature
1. Your final acceptance and digital signature of this Agreement is deemed to be your use of the FITLYFT Platform or registration of your account through it, or your presentation of the services through the FITLYFT Platform, or your request to benefit from the services provided by the FITLYFT Platform, or your use of the Platform in any way.
2. You know that your digital signature in accordance with paragraph (1) supersedes any written signature required on this Agreement, and is a final approval of the electronic contracting system provided by the FITLYFT platform to accept the contract with the user and implement the provisions of this agreement.
Eighth: Account Registration
(1) Instructor's Registration Conditions
1. The coach must provide us with his account registration data on the FITLYFT platform, which includes (certificate and license for sports training from accredited institutes, experience certificates, proof of personal identity) The platform reviews the application and opens an account for the coach, and the coach can modify the account and create his profile on the platform, and this requires providing basic data such as (name, age, contact number, e-mail, bank account number to be deposited with the trainer) and any other data required by the FITLYFT platform at any time from times.
2. The trainer is obligated to provide us with all the papers that qualify him to work officially to provide his services, which are determined by the competent authorities, which may include licenses, permits, practicing the profession, and others, and ensures that the platform is provided with every update on these documents.
(2) Customer's Registration Conditions
1. The customer must provide us with the following data to register his account on the FITLYFT platform, which includes (name, nationality, contact numbers, email, password, and password confirmation).
2. We allow the customer to create his profile on the platform after registering the account, through which the customer can add other data including (height, weight, age, gender, data of the desired sports) and any other data that is available to be added to the profile.
(3) General Registration Conditions
1. It is required that the membership registration data on the FITLYFT platform be true, accurate and legal, and that you are legally authorized to provide this data through the FITLYFT platform, and that you ensure that this continues throughout the period of your registration with us on the FITLYFT platform.
2. The account name must fully reflect your identity, and it is forbidden to use misleading, fake or third party names for the purpose of misleading or fraud, and it is prohibited for the membership name to include the word "Fitlyft" so that other users do not believe that you represent us contrary to the truth and reality.
3. Registration of membership in the FITLYFT platform is based on personal consideration, which means that you may not claim that you have registered on behalf of another person, nor may you assign your account to any other persons or entities or use any account of another user without obtaining our written consent.
4. You undertake not to register more than one account on the Failt platform, and in the event that we discover this, we will delete all your accounts or suffice with only one account according to our vision, and in the event that your account is suspended, it is prohibited to register a new account without obtaining our express and written consent.
5. You undertake to maintain the password of your account, not to disclose it to others, or to allow anyone to use the account, and you are fully responsible for all transactions and operations that take place through your account on the Failt platform.
6. The platform has the right to close your account temporarily or permanently, in case you violate any of the terms and conditions of this agreement, infringe on any of our rights or the rights of others, or violate any of the applicable laws.
7. The platform has the right to delete inactive or in fully activated memberships, without requiring alerts to be sent to the account holder.
8. The account on the FITLYFT platform is provided with a "license to use" system and not "ownership", and therefore the platform has the right at any time to withdraw the license provided to you, and close the membership in case you violate the terms of this agreement, or for any reason that the FITLYFT platform deems appropriate.
Ninth: Terms and Conditions of Trainers
This section includes a set of conditions and obligations for trainers related to the provision of the service, and accordingly trainers are committed to the following:
1. Trainers are required to have licenses and certificates to practice the profession from the competent institutes or authorities, and once registered on the platform and submitting documents and data, this is an acknowledgment by the trainer that he has obtained these licenses and certificates, their validity, legality, accuracy and that they do not include any forgery, fraud, misinformation or other legal violations.
2. The registration of our trainers is based on personal consideration, and it is prohibited to register on the FITLYFT platform as a broker, subcontractor, broker, or otherwise, as the name of our trainer is considered, and therefore trainers are not entitled to assign their accounts on the FITLYFT platform to others, nor to authorize others to communicate with customers, exploit sub-accounts, access customer data, or exploit them in any way in violation of the mechanisms of work of the FITLYFT platform and the provisions of this agreement.
3. The FITLYFT platform grants one account to each coach, and it is not permissible to register more than one account in the name of one trainer, and in the event that we discover this, we have the right to terminate all accounts for the trainer or suffice with only one account.
4. The trainer is the first and last responsible for his account on the FITLYFT platform, and he is responsible for any illegal or unauthorized use made through his account on the Failft platform, and the trainer is also responsible for all activities and transactions that take place through his account on the FITLYFT platform, and he is fully contractually and legally responsible for all the actions of his persons who use them to provide services to customers.
5. The trainer is obligated to carry out the service and approve it on his part, so the trainer provides the service himself to customers in the manner agreed upon with the customer, and the service provided must be within the personal training services chosen by the customer and paid for through the platform.
6. The trainer is obligated not to start implementing the service for the customer until after the customer pays through the platform, and the trainer must provide in accordance with the agreement with the customer.
7. The trainer is obligated to take care of the client during personal training and provide the service optimally according to the agreement concluded with the client, and that the trainer provides the full service without any shortage, and the trainer must follow up the client well and ensure that the client responds to the program specified for him.
8. The trainer is obligated not to ask the customer for any additional amounts for the agreed service, and acknowledges that the amounts specified by him and paid through the payment methods on the platform include the agreed service, and the customer may not be asked for any other amounts after communicating to start implementing the service.
9. The coach is obligated to provide sports training services only through the platform, and the coach is prohibited from providing any prescriptions or medical medicines to customers, and in the event that the customer requests any medical advice, the coach must advise the customer to go to a specialist doctor for examination with disclosure that he does not provide any medical consultations.
10. The trainer is committed to exerting the necessary care while performing his work and taking the safety standards in force locally and internationally to preserve the life of the client and the safety of his body, and is committed not to follow any methods that would harm the client.
11. If the general rule is that the trainer's commitment is an "obligation to exert care", but this commitment is not absolute, but rather turns into an "obligation to achieve a result" in many cases, including the safety of the client not to be harmed by the advice, exercises and nutrition that he provides to the client.
12. The trainers are committed to providing services with complete professionalism and that the services are provided according to the latest access in the field of providing training services locally and globally to achieve the greatest benefit for the customer from purchasing services through the platform.
13. The trainers are obligated to refrain from disclosing the privacy or confidentiality of information, photos or interviews that are between them and the clients, and the trainer acknowledges the commitment to professional secrecy, which requires maintaining the confidentiality of the client's information in complete confidentiality and not exploiting it in any way without obtaining the client's written consent, and breaching this is a breach of a legal obligation with which he bears all legal consequences.
14. The trainer is committed to observing public morals and morals while carrying out his work, and not to issue any immoral behavior from him, whether by word, gesture or deed, and is committed not to insult or bully the client, or commit any incident that would violate the applicable laws.
15. The trainer is not authorized to use the communications that take place within the FITLYFT platform or between him and the customer directly in other sites or applications or use them for any purposes other than those intended for them.
16. The trainer is committed to good treatment of customers, and to practice his profession through the platform with all honesty and honesty, and is committed to all legislation regulating the profession as well as the recognized rules regarding the provision of training services. Trainers are also committed to all applicable laws regulating the services and professions they practice.
17. The trainer is committed to taking all safety measures and preventing viruses and epidemics, and to maintain the safety of customers, and is committed to setting instructions that oblige customers to follow these procedures.
18. We have the right to follow up on the trainer's response to the messages sent to him from customers, as well as follow up on the reservation requests that he receives through the FITLYFT platform, and we have the right to intervene at any time to organize services according to the mechanisms of the FITLYFT platform.
19. The trainer is obligated not to photograph the client in any way without obtaining the express consent of the client or doing any act that would violate the sanctity of the customer's private life.
20. The trainer acknowledges that we do not have any business relationship with him, nor that we are employers, and we do not have any supervisory or supervisory authority over him, and that he provides the service to the customer at his personal responsibility without any contractual or legal responsibility on us, and he bears all the consequences and damages that affect the customer as a result of his mistake, and he acknowledges that he bears responsibility on the basis of personal error and that the FITLYFT platform does not bear legal responsibility jointly or consequentially with him.
21. The trainer knows and acknowledges that we do not have any business relationship, legal representation, agency or other relationship with the customer, and in the event that the customer violates any of the trainer's rights, the trainer must take all his legal affairs without referring to the FITLYFT platform legally in any way.
Tenth: Customer Terms and Conditions
1. The customer must be at least 18 years old as a minimum to benefit from our services and have the legal capacity in accordance with any requirements approved by the Kingdom of Saudi Arabia. The customer who is less than 18 years old must benefit from our services under the supervision of the guardian or guardian or his legal representative, and the person acting on behalf of the customer shall have full powers to manage his account in accordance with the terms and conditions of this agreement with full legal responsibility for the customer's use of the platform or any activities Or transactions made through his account on the platform.
2. The customer is the first and last responsible for his account with the FITLYFT platform, and he is responsible for all activities, reservations and transactions that he requests through the FITLYFT platform, and he is asked for any illegal or unauthorized use made through his account on the FITLYFT platform, so the customer is prohibited from authorizing others to access his account on the FITLYFT platform.
3. The customer shall bear alone the result of any error in the description of the service he wishes to purchase through the platform or in the event of providing any false information or doing any work in a way that differs from the work provided by the trainer or implementing the instructions inaccurately or incorrectly, and this is a mistake for the injured person who does not have responsibility.
4. The customer is obligated to update his profile data on the platform periodically whenever there is any change, and the customer bears all the consequences arising from any errors related to this data or the trainers' reliance on any of the incurrent or inaccurate data provided by the customer through the platform.
5. The customer knows and acknowledges that according to the legal rules, the trainer's obligation to the customer is an "obligation to exert care" and not an "obligation to achieve a result", except in cases approved by applicable laws and the customer must follow the instructions of the trainer to reach the best possible results.
6. The customer reviews the trainers' guide to choose the trainer who will communicate with him and book his services to benefit from them in accordance with his physical condition, and the customer bears legal responsibility for this choice without referring to the FITLYFT platform and without providing any approval by the FITLYFT platform regarding the trainer or the services he offers through the platform.
7. The customer agrees with the trainer on all financial details regarding the provision of services without referring to the FITLYFT platform in the event of any breach of the obligations imposed, and the customer also benefits from the services of the trainers according to the prices provided by the trainers through the platform.
8. The customer chooses payment plans according to what the trainer offers and is agreed upon between the trainer and the client within the systems that the trainer may provide, such as the subscription system or the quota system.
9. The customer is obligated not to pay directly to the trainers and to pay only through the electronic payment methods specified within the platform, we do not guarantee the refund of any money that the customer pays to the trainers registered on the FITLYFT platform directly, and in this case we have the right to take administrative action on the platform for violating the terms of use.
10. The services are provided according to the description presented by the trainers, and the FITLYFT platform does not provide any guarantees of any kind that the service meets all the expectations of the customer, or that the customer obtains all or some of the desired results from booking the service through the FITLYFT platform.
11. The customer knows and acknowledges that we are not a medical facility and do not provide medical services through the FITLYFT platform, and that the services are provided as sports training services that are fully provided by the coaches in the manner agreed upon with the customer.
12. The client guarantees that he does not suffer from any diseases that conflict with what he will receive from food, muscle exercises and fitness exercises from the trainers, and if the customer suffers from any diseases or health problems, he must communicate with his doctor before benefiting from the services of the trainers.
13. The client knows and agrees that the services provided by the trainers are not considered medical services, consultations or prescriptions, and therefore the customer is prohibited from requesting any medical advice from the trainers and he must refer to his doctor to ask or seek advice on any medical matter.
14. The customer must implement the instructions of the trainers regarding exercise to obtain the best results from the process of subscribing or purchasing the services of the trainers through the platform, and the customer bears the consequences in the event of non-compliance with the instructions of the trainers, including not achieving any results or not developing.
15. The platform has the right to communicate with the customer at any time in the event of any problem he has in his account on the FITLYFT platform to solve it, and the platform has the right to manage the customer's profile on the FITLYFT platform.
16. The platform has the right to communicate with the customer at any time after benefiting from the service to poll his opinion about the service he benefited from, as well as obtain the necessary evaluations about the work of the trainer, and in the event that the customer is not satisfied with the service provided by the trainer, the customer can add an objective evaluation of the trainer in which he explains the advantages and disadvantages of the service.
17. The customer knows and acknowledges that we do not provide him with any kind of medical insurance or any type of life insurance or provide him with any compensation for any damages suffered as a result of benefiting from medical services.
18. The customer disclaims the responsibility of the FITLYFT platform completely for any errors, damages, injuries, death or any other physical, financial or moral damages suffered by him as a result of benefiting from the services provided by the trainers through the FITLYFT platform, and the customer acknowledges that we are a technical platform only.
19. The customer undertakes to preserve his private life and acknowledges that the platform is not responsible in the event of violating the sanctity of his private life during the process of communicating with the trainers, so the customer must be careful while communicating with the trainer.
20. The customer completely disclaims the responsibility of the FITLYFT platform for any inappropriate personal behaviors, crimes, or illegal or illegal acts committed by the trainer towards the customer, and the customer acknowledges that the trainer legally refers to the trainer alone without the slightest responsibility on the FITLYFT platform.
21. The customer knows and acknowledges that we do not have any business relationship, legal representation, agency or other, and that we do not have any supervisory or supervisory role over the trainer, and in the event that the trainer violates any of the customer's rights, the customer must take all his legal affairs without referring to the FITLYFT platform with any legal or judicial claims.
22. The customer acknowledges that we do not represent him before third parties and are not considered his agent and that he is personally responsible to the trainer in case of breach of the terms and conditions stipulated in this agreement or in case of violation of the legal provisions and provisions in force.
23. The customer acknowledges that the terms and conditions contained in this agreement and the description of the services contained on the platform are an insight into all the details of the service and contract, and that the FITLYFT platform here has fulfilled its commitment to "inform" in accordance with national consumer protection laws and international agreements and treaties.
Eleventh: Pricing Policy
1. The trainer has the right to determine the prices for the services he provides through the platform, and pricing is subject to the discretion of the trainer without any intervention from the platform, so the trainer must determine each service he provides and the corresponding price.
2. The customer chooses between the trainers and the prices available from their side, and once the trainer and service are chosen by the customer, this is an approval of the prices available through the platform.
3. The customer knows and agrees that the platform does not provide guarantees about the prices available through it, and that these prices are provided by the trainers, and therefore these prices may be subject to continuous updating by the trainer, the price of the same service may change from time to time with the same trainer.
4. The customer knows and agrees that the prices may vary between trainers for the same service, the price available for the service may differ from one trainer to another trainer.
5. The trainer and the customer must adhere to the prices announced through the platform or the price that is agreed upon through the platform and adopt it as the final price of the service to be paid through our approved payment methods.
Twelfth: Invoice
1. Since the nature of the services we provide is electronic and there is no shipping or physical delivery of products, the FITLYFT platform provides an electronic invoice for each reservation or purchase made through the platform, and this invoice includes the service purchased, the name of the platform, the name of the trainer, the price of the service and the tax.
2. The invoice appears to the customer electronically through the platform after completing the electronic payment process in accordance with our payment policy, and the customer can print the invoice and keep it to review the process data at any time. The customer can review the transaction data by opening the order as well, which includes details related to the service and payment.
3. The prices available in the electronic invoice and/or the electronic service request submitted by the customer through the platform shall be evidence against the trainer and the customer and oblige the parties to the price contained therein.
Thirteenth: Booking Policy
1. The trainer makes the services he provides available for booking through the FITLYFT platform, and the trainer must clarify the services that he can provide, for example (nutrition, muscle exercises, fitness exercises) and clearly specify what he will provide to the customer against the price displayed through the platform. Pricing is subject to the pricing policy of the FITLYFT platform.
2. The customer reviews the trainers registered on the platform, reviews the services provided by each trainer, and determines the service he wishes to obtain through the platform, and the customer can purchase one or more of the services provided by the trainer.
3. The customer must be aware of the purchasing systems provided by the trainer that determine the way to benefit from the service, either the customer subscribes monthly or purchases the specified classes, according to the options that the trainer will explain on the booking page.
4. The reservation of services for trainers is subject to the dates provided by each trainer through the platform, and both the trainer and the client are committed to the agreed booking dates and fixed in the service request.
5. In the event that the customer or trainer wishes to change the date of the reservation, the change must be made by express agreement through the platform between the trainer and the customer, and the amendment is evidenced in the service request. The customer or trainer may not change the date of the reservation of his own will without the consent of the other party.
6. The trainer is prohibited from accepting a reservation that conflicts with a previous reservation on it, if the customer purchases a service and a specific date is set for it, the trainer is obligated not to accept any other reservation on the date specified for the first reservation, and this obligation applies to any reservations provided to the trainer inside or outside the platform.
7. In the event that the reservation submitted through the platform conflicts with any other reservation approved by the trainer outside the platform, whether through direct communication or any reservation on another electronic platform, the trainer is obligated here to give priority to the reservation submitted through the platform over other reservations.
8. Cancellation is subject to Fitelft's cancellation policy, so please review this policy before completing your purchase through the platform.
Fourteenth: Payment Policy
Payments made by the customer through the platform are subject to the payment terms below:
1. The customer chooses any of the purchasing systems provided by the trainer through the platform, which may be the monthly subscription system or the specific quota system, and each system will have the specified price.
2. The customer verifies the price provided by the trainer and reviews all service data before confirming the purchase through the platform, as confirming the purchase will entail financial obligations.
3. The FITLYFT platform provides electronic payment only for the services that are provided through the platform, so the trainer can pay through the platform through (Mada , Visa, MasterCard, Apple Pay) or payment methods that may be available from time to time.
4. We may specify certain payment methods for some transactions or at some times or for any reasons related to working on the platform or in implementation of any obligations, conditions or decisions imposed by the competent authorities.
5. The FITLYFT platform secures the electronic payment process that is made through it by contracting with a company specialized in providing electronic payment services, which is (TAP Electronic Payment Company), which is the company responsible for securing payments made through the platform, and we may change the electronic payment service provider from time to time according to our vision to ensure the functioning of the platform.
6. The payment method used in the payment process must be secured by the customer and legal, and the purpose of the payment process is not money laundering or the source of the payment method or funds is illegal, and the payment process you make through the FITLYFT platform may be processed by the electronic payment service provider or banks.
7. The FITLYFT platform does not bear the result of any error in the electronic payment process that it makes through the FITLYFT platform, and it bears all the results arising from the payment process and data that you provide to us through the platform, and to ensure the security of the transaction, payment from intermediary sites or suspicious sites is prohibited, and payment must be made from the FITLYFT platform directly.
8. The customer shall bear the fees of the electronic payment gateway and any other fees imposed by banks, and the customer shall bear any taxes imposed on the payment process he makes through the Failt platform.
9. Refunds paid in accordance with this payment policy are subject to the terms and conditions of this agreement, the reservation policy and the cancellation policy adopted by the platform at the time of payment.
10. The platform has the right to amend and update the payment policy of the FITLYFT platform at any time the platform deems appropriate.
Fifteenth: Cancellation Policy
Booking of Services is subject to the Booking Policy and the terms and conditions of this Agreement, and cancellation is subject to the terms below and any other terms and conditions contained in this Agreement.
(1) Cancellation by Customer:
1. Cancellation in case of contracting with a monthly subscription system: The customer has the right to cancel the service within 7 days from the date of contracting and payment through the platform as follows:
- In the event of cancellation before the start of the first training, the customer will receive a full refund of the amount paid, with the customer bearing the payment and refund fees.
- In the event of cancellation after the start of the training, the customer will receive a 75% refund of the value paid only, with the customer bearing the payment and refund fees.
2. Cancellation in case of contracting with a specified quota system: Cancellation in the specified quota system shall be as follows:
- The customer has the right to cancel the service free of charge 24 hours before the class date, with the customer bearing the payment and refund fees.
- In the event that the customer wishes to cancel the service within 24 hours before the class date, the customer will receive a 75% refund of the value of the amount paid, with the customer bearing the payment and refund fees.
- In the event that the customer wishes to cancel the service after the start of the session, the full amount paid will be deducted and the customer will not be able to refund.
3. The customer has the right to request cancellation during the subscription period in the event that the trainer does not attend more than one session, with a commitment to set a new date for the session that he did not attend in agreement with the customer.
4. The customer has the right to request cancellation in the event that the trainer does not implement the specified program for training, or the service is not implemented as required, or any inappropriate behavior is issued by the trainer, and in this case, the customer must file a complaint to the platform, and the platform will settle the complaint according to the evidence provided to it by both parties.
(2) Cancellation by the coach
1. Cancellation in case of contracting with the monthly subscription system: The trainer has the right to cancel the service in the monthly subscription system as follows:
- The trainer has the right to cancel the service free of charge before the start date of the subscription, with the trainer bearing the fees related to payment and refund of customer amounts.
- In the event of cancellation after the start of the training, the trainer is obligated to pay a fine of 25% of the value of the subscription amount paid by the customer.
2. Cancellation in case of contracting with a specified quota system: Cancellation in the specified quota system shall be as follows:
- The trainer has the right to cancel the service free of charge 24 hours before the class date, with the trainer bearing the fees related to payment and refund for customers.
- In the event that the trainer wishes to cancel the service within 24 hours before the lesson date, the trainer is obligated to pay a fine of 25% of the value of the subscription amount paid by the customer.
- In the event that the trainer wishes to cancel the service after the start of the session, the trainer is obligated to pay a fine of 50% of the value of the subscription amount paid by the customer.
3. The trainer has the right to cancel the service in the event that the customer does not comply with the specified dates for more than one session, with the customer having the right to apologize for the date of one session, and an alternative date is determined by agreement between the customer and the service provider.
4. The trainer has the right to cancel the service in the event of inappropriate behavior from the customer or non-implementation of instructions, in which case the customer must file a complaint to the platform, and the platform will settle the complaint according to the evidence provided to it by both parties.
(3) Cancellation by the Platform
The platform has the right at any time to cancel any of the requests submitted as a result of non-compliance with any of the terms and conditions contained in this agreement, non-compliance with the privacy policy or any other policies, violation of any applicable legal provisions, or non-compliance with any instructions or instructions directed by the platform management to any of the parties.
Sixteenth: Refund Policy
1. In the event that the customer cancels one of the services he has booked, and his request meets the conditions contained in the reservation and cancellation policy, the FITLYFT platform will refund the money paid by the customer minus payment gateway and bank fees and any other obligations related to the refund to the customer, within the limits stipulated in the cancellation policy.
2. The refund of the customer's funds is subject to the regulations of the banks applicable to the refunds of funds, and the refund will be made with the same payment method used, and the FITLYFT platform does not bear any legal responsibility arising from delaying or disrupting the refund for any reason as a result of applying bank policies.
Seventeenth: Service Fees Policy for Trainers
All conditions and fees contained in the contracts concluded between the platform and the trainers are an integral part of this agreement, and therefore the trainer is committed to all the terms and obligations contained in the contract in addition to his commitment to the provisions of this agreement.
Eighteenth: Acceptable Use Policy
1. We provide the services of the FITLYFT platform as they are available and according to the services available through the FITLYFT platform, and we also provide our services in the Kingdom of Saudi Arabia according to the operating policies of the FITLYFT platform, and therefore the FITLYFT platform is not responsible for providing its services in any other places.
2. You are committed to using the FITLYFT platform legally, and it is prohibited to use the FITLYFT platform to provide services illegally or benefit from them illegally, and your use of the platform and all services available through it must be subject to the terms and conditions contained in this agreement and all applicable laws.
3. You undertake to be accurate when entering any required information in the electronic forms available through the FITLYFT platform, and is committed to reviewing that information periodically for the purpose of correcting, modifying or renewing it whenever new information is available about it.
4. All information that you provide or disclose at any time or provide to us at our request, to complete forms or to update your profile on the FITLYFT Platform must be complete, accurate, up-to-date, correct and reflect you and agree with what is required in our registration form.
5. If you provide information that is untrue, inaccurate, not up to date, incomplete, contains errors, unauthorized information or illegal information, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not up to date, incomplete, illegal or inconsistent with the provisions of this Agreement, and without prejudice to any other rights under this Agreement or the law, we will block your access to the Platform Fitdamage or take any administrative action within the FITLYFT platform or any legal action in accordance with our vision.
6. You undertake to inform the FITLYFT platform immediately in the event of hacking or theft of the account or discovering any illegal use of your account on the FITLYFT platform, so that we can take the necessary technical measures to maintain your account.
7. We secure our services as much as possible against any illegal use, and therefore you undertake to notify us in the event of any illegal use of the platform or any of its services.
8. This agreement does not grant you any partnership rights or legal representation of the platform or the management of the FITLYFT platform, and therefore you are prohibited from speaking in the media on behalf of the FITLYFT platform or the FITLYFT platform without obtaining our written consent, and you are prohibited from representing us before third parties in any way.
9. You are prohibited from sending any messages or comments that are illegal or offensive to us or other users, trainers, customers or to any third parties, persons, countries, companies or otherwise.
10. You must audit any information you reach through the FITLYFT platform, as the FITLYFT platform is not responsible for any inaccurate, incomplete, not updated or erroneous information, and it bears all the consequences arising from your reliance on this information, whether it is available through the pages of the FITLYFT platform or obtained from the trainer or customer.
IXINTH: Third Parties
1. We may use the services of third parties to be able to provide all or some of the services of the FITLYFT platform, and we may have direct or indirect contractual relationships with third parties, and therefore you agree to use the services of other people to provide services to you, facilitate your access to the platform, or enable you to benefit from any of its services, and you authorize us to deal with these parties on your behalf.
2. Through the FITLYFT platform, we may provide external links or share our services with other services of third parties, and therefore you agree to refer you to the services of third parties by simply sharing the services or clicking on external links.
3. You know that third parties apply the terms and conditions and privacy policy of their services, and therefore you should read these terms and policies before using the services of third parties, and the FITLYFT platform does not provide any guarantees about the terms and policies and their legality or the extent to which third parties are committed to implementing their provisions.
Twenty: Privacy and Confidentiality Policy
1. Your data is collected, processed and used in accordance with the Privacy Policy of the FITLYFT platform.
2. You must maintain the confidentiality of your account information on the Failft platform, and you know and agree that this information is not authorized to be shared with other people, and this data includes your username and password, and you bear full responsibility and results for any disclosure to others of this information, and you are also responsible for any use that occurs from any person to whom you have disclosed this confidential information.
3. You are committed to maintaining the confidentiality and privacy of your personal data, and you acknowledge your personal responsibility that your disclosure of any personal information to the other party is at your own risk without any intervention from the FITLYFT platform.
4. It is committed to maintaining the confidentiality and privacy of the third party data obtained during communication operations through the FITLYFT platform or outside the FITLYFT platform, and acknowledges that this information is confidential and may not be disclosed without the consent of the data subject.
5. It is committed not to disclose any personal information during the use of the "messages" feature on the FITLYFT platform, except for those required to provide services or within the limits necessary to describe or request the service, and that he is personally responsible for any disclosure of this kind in cases other than the mentioned ones.
6. The trainers undertake not to use customer information or images in advertising, advertising or any other promotional operations, or any other use that is not related to the provision of services without obtaining the express and written consent of the customer.
7. You undertake to keep the secrets of the FITLYFT platform, and you ask against us for any breach of the confidentiality of the FITLYFT platform and its operations, and you are committed to refrain from disclosing any information related to the operation of the FITLYFT platform to third parties, whether for a fee or free of charge.
8. You agree to avoid any means that would help collect information about other users, including their phone numbers and other means of communication.
9. You know and agree that the Internet is not a secure medium, and that the confidentiality of your personal information cannot be fully guaranteed.
Twenty-One: Rights and Licenses
1. You grant us the right to use your information for the purpose of providing services through the FITLYFT platform, including but not limited to your name, mobile number, email, and other information that is recorded in your profile on the FITLYFT platform, within the limits of the Privacy Policy.
2. We provide the services of the FITLYFT platform by license to use, and therefore the use of the FITLYFT platform, registering an account in it, or providing or benefiting from the services does not grant you through any ownership rights, partnership, profits, or otherwise with the FITLYFT platform, and the FITLYFT platform remains exclusively owned by us.
3. We license you to use the FITLYFT Platform Services whenever the Platform is available and in accordance with our vision and consent, and by your compliance with the provisions of this Agreement or any other terms of service as well as by paying any subscriptions or fees if requested, FITLYFT Platform grants you a limited, non-exclusive, non-transferable and non-sub licensable license to access the non-commercial use of the FITLYFT Services.
4. The license granted to you by the FITLYFT platform does not include any rights to re-license the use of other people, resell the FITLYFT platform, or any commercial use of any of our services or their contents, nor does the license grant you any copyright to the information available about the account allocated to you through the FITLYFT platform for the benefit of others, or any use of data mining means or the use of automated programs and techniques specialized in data extraction, or any similar data collection and extraction tools.
5. You are not allowed to reproduce or make an exact copy of this platform, copy, sell, resell, visit this platform or any part of it, or otherwise use it for commercial or non-commercial exploitation purposes without obtaining the express written consent of the FITLYFT platform.
6. You are not permitted to use any meta marks or any other text visible or hidden within the technologies of the FITLYFT platform that exploits the name "FITLYFT" or its trademarks or any of its other logos without the express written consent of the FITLYFT platform.
7. You are not allowed in any way to post any links to other sites or applications through the FITLYFT platform that include malicious or malicious software, spyware files or other illegal or pornographic files, or to send or resend any of this through the messaging feature or through any other means available through the FITLYFT platform.
8. Visitors and users of the FITLYFT platform can submit their ideas, suggestions, comments, questions and any other information, provided that it does not contain illegal information, constitute an invasion of privacy, violate and infringe on intellectual property rights, otherwise harm the rights of others, or provoke rejection and objection.
9. In all cases, we license you to use the Services and the FITLYFT platform in a legal manner only, and it is prohibited to use the FITLYFT platform for any illegal purposes, and the licenses granted by us will expire if you do not comply with these terms of use or any other prescribed conditions.
10. All rights not expressly granted to you in this Agreement or any Terms of Service reserved by the Failt Platform.
Twenty-two: Ratings Policy
You can evaluate the service you obtained through the FITLYFT platform, and your evaluation is subject to the following conditions and controls:
1. Ratings are available to customers who have made a reservation through the FITLYFT platform or benefited from any of the paid or free services provided by trainers through the FITLYFT platform.
2. The evaluation must be related to the service and in appropriate words that describe the customer's real experience with the service or its provider, and it is prohibited to use inappropriate words that constitute a crime of insult or slander, or include any abuse of the person of the trainer, the FITLYFT platform, other parties, competitors, peoples, cultures, countries, officials, governmental or non-governmental agencies.
3. It is forbidden to exchange means of communication through ratings, and it is forbidden to publish any promotional content through reviews, and it is forbidden to publish any external links through comments.
4. You know that the evaluation is visible to all visitors and users of the FITLYFT platform, and therefore you know and agree that any data you add to the evaluation will be publicly available to all via the FITLYFT platform.
5. The ratings are the opinions of their owners, and therefore they do not express the point of view and do not constitute an endorsement by the FITLYFT platform or approval of the content of the comment, and the customer is responsible for the content of the evaluation.
6. Evaluations are not considered an accreditation from the FITLYFT platform with the quality of the services provided by the trainer, nor are they evidence that the services are not good if the evaluation is bad, and they ultimately express the customer's experience with the trainer, and since the evaluations give an impression to other customers about the service, the customer's evaluation must be honest and accurate so as not to harm the trainers.
7. In the event that you are subjected to any abuse through the evaluation service, you must inform the management of the FITLYFT platform and we will review the evaluation fully and take the appropriate administrative action, and this does not mean that the FITLYFT platform is committed to reviewing all evaluations available through the FITLYFT platform, and therefore we will be ready to receive your comments and complaints about the evaluation.
8. In all cases, you know and agree that the FITLYFT platform does not bear any legal responsibility or pay compensation arising from any damages resulting from the evaluations, and the reviewer is solely responsible for that, and the FITLYFT platform will cooperate with any judicial authority if requested.
Twenty-three: Content Policy
1. We provide our own content through the FITLYFT platform or through any of our services, and this content is intended for information or marketing purposes for our services only, and therefore you must verify the content available through the FITLYFT platform before relying on it in any way, and therefore the FITLYFT platform does not bear any responsibility or results of relying on the content available through the FITLYFT platform.
2. We allow users of the FITLYFT platform, such as trainers and customers, to provide some types of content through the FITLYFT platform or through any of its services, and you know and agree that you provide the content at your own risk, and therefore bear all legal consequences in the event that the content you provide is illegal, incomplete, misleading, or includes scientific errors or otherwise.
3. You bear legal responsibility in the event of providing content that violates the rights of others, such as the right to privacy, the right to confidentiality, and intellectual property rights such as copyrights, trademarks, or any other rights of others, without any legal responsibility on the FITLYFT platform.
4. In the event that you rely on the content available through the FITLYFT platform, you do so at your own risk, without providing the FITLYFT platform with any guarantees regarding the accuracy, timeliness, completeness, correctness, compatibility with your requirements, or otherwise.
5. In the event that the content includes errors, illegal, or violates any of your rights, you can contact us and inform us of this, and we will examine your complaint, and take administrative action within the FITLYFT platform, either to keep the content, delete it, or suspend it for a period of time, and in all cases, the FITLYFT platform does not bear any responsibility arising from that.
6. In the event that we delete your content that you have provided through the FITLYFT platform, for any reason, the FITLYFT platform will not be responsible for that in any way, if you are interested in the content you provide through the FITLYFT platform, you must keep a backup copy of it, and we will not bear the result of your loss of any data or content of yours on the FITLYFT platform, as the FITLYFT platform is not considered a data storage or retrieval entity.
7. In the event that you provide any content that violates the provisions of this policy, you are fully and legally responsible for any accountability, judicial claim, awarded damages, fines, or otherwise, and the responsibility of the FITLYFT platform expressly disclaims any legal liability arising from the content you provide through the FITLYFT platform.
Twenty-four: Communication
1. You agree to receive communications from us, and we will communicate with you by phone number, via the FITLYFT Platform messaging feature, by posting public notices via the FITLYFT Platform, or through other FITLYFT Platform services.
2. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements as if such communications were in writing, and act in their place in producing their legal effects.
3. You hereby agree to receive any required legal notices electronically through the means of communication you have provided to us, and you acknowledge that such legal notices that we send electronically or by telephone to you supersede any printed or official notices or any required formalities.
4. The FITLYFT platform requires your consent during the registration process for us to send messages to your phone number or through the FITLYFT platform for the purposes of promoting the services of the FITLYFT platform, in order to notify you of any changes, features or new activities added to the FITLYFT platform or any existing services we update, to survey your opinion or for any other purposes mentioned in the Privacy Policy.
5. If you decide at any time that you do not wish to receive promotional messages about our Services, you can opt out of receiving such messages by writing to us, but in this case we do not guarantee that you will enjoy our Services fully.
Twenty-five: Copyright
1. The FITLYFT platform, including software, designs, texts, sounds, images, content, files, tangible and intangible components, and the ideas expressed within the FITLYFT platform in general, are subject to our intellectual property rights, and therefore it is prohibited to imitate the FITLYFT platform or part of it, or to quote any part of the FITLYFT platform, or to exploit codes, or to create a platform identical or similar to our electronic platform in a confusing manner, or to exploit our designs or software in any way.
2. All content included in or available within the design or services of the FITLYFT platform (such as text, logos, images, graphics, audio recordings, button icons, digital content, reloaded materials, software and data compilation) is the exclusive property of the platform and is protected by national and international copyright laws.
3. The collection of all data, information, files and content included in the Platform Services or making them available in any way outside the FITLYFT Platform or within independent databases is our exclusive property, and is protected by national and international copyright laws and applicable international conventions, such as the Berne Convention and the TRIPS Convention.
4. Any content you provide through the FITLYFT platform gives us the right to publish, exchange and exploit it in the advertising, marketing and advertising operations of the platform or any of the services available through it, and you are not entitled to withdraw this license at any time without our consent even if you stop using the FITLYFT platform.
Twenty-six: Trademarks
1. "FITLYFT" or "FITLYFT " and logos linked to or available through our Platform are our trademarks and/or service marks, and all images, logos, page headers, button icons, text, service names and everything that has a distinctive form through the FITLYFT platform are service marks, trademarks or exclusive designs and are generally protected by intellectual property rights.
2. You are not authorized by us to exploit, adapt, or reproduce our trademarks or commercial designs in any way without our consent, or to exploit them in any content or in advertising, marketing or comparisons with other brands without our written consent.
3. You are not licensed to exploit our trademarks and link them to any service, product, website or application so as not to cause abuse of our trademarks or enter into legal disputes with others, and bear the result of any unauthorized actions on our part.
4. Trademarks of other persons or entities may be provided through the FITLYFT platform, and these trademarks are subject to the protection rights of their owners, and therefore they have the right to defend them by all legal means in the event of an attack.
5. The FITLYFT platform reserves all its legal rights to defend its trademark or any other marks licensed to be exploited or used within the FITLYFT platform before all security, judicial or any other competent authority.
Twenty-seven: Legal Liability
1. You expressly agree that you use the services of the FITLYFT platform at your own risk, and therefore the FITLYFT platform is not required to provide you with any guarantees related to the use of the platform or any of its services, so you are legally responsible to all government agencies for your use of the platform.
2. You must comply with all applicable laws and regulations within the country through which you connect to the FITLYFT platform, in relation to your use of the platform, and you bear all responsibilities arising in the event that you violate these laws or regulations.
3. The trainer shall be legally liable for breach of any of the obligations contained in item IX, or any other obligation stipulated in this agreement.
4. The customer shall be legally liable for breach of any of the obligations contained in item X, or any other obligation stipulated in this agreement.
5. The trainer is legally responsible for the correctness, accuracy and legality of all information provided by the FITLYFT platform, including but not limited to qualifications, licenses, specialization information, fellowship, membership, practical experience, scientific courses and conferences.
6. The customer is fully legally responsible for the correctness and accuracy of his health condition information that he provides to the trainer through the FITLYFT platform for consultations, and acknowledges that the trainer is not responsible if this information is false, incomplete or inaccurate.
7. The use of the trainer's account on the FITLYFT platform is personal, and only the trainer may use it, and any advice, response to questions, consultations, or any information or agreements about the services provided to customers through this account are directly attributed to the account holder, and the trainer may not claim that another person is the one who responds to messages, calls or reservations.
8. Both the trainer and the customer are fully responsible for the content of the messages sent to the other party through the FITLYFT platform.
9. Both the trainer and the client shall be held accountable in our confrontation for any material or moral damage that may be caused to us as a result of the illegal acts carried out by one of them.
10. Both the Trainer and the Client shall be liable in our encounter for any distortion of our reputation, any underestimation of us or the loss of credibility of any of the services we provide if this arises from the fault of one of them.
11. You must maintain the use of the FITLYFT platform with all seriousness and treat it credibly and be obligated to compensate the FITLYFT platform or others or any damages that may be caused to the FITLYFT platform or others as a result of any illegal or unauthorized use by us.
12. The user shall be held personally responsible for all his actions and behaviors towards other users, without the injured party having the right of recourse against us, and the injured party in this case must inform the competent authorities to take their affairs, and then inform us to take administrative action only against the user who committed the mistake within the FITLYFT platform, such as suspending his membership or closing his account permanently.
13. Through the use of the messaging feature or any other interactive means provided by the FITLYFT platform, you are legally responsible against us and against third parties for any dissemination of false, defamatory, illegal, racist, culturally derogatory information, obscene, violating the intellectual property rights of others, political, contrary to the public interest, threatening national security, religiously offensive, or promoting any goods or services.
14. You are legally responsible as a user for posting any links to other applications or sites within the FITLYFT platform that include malware, viruses, or aimed at any fraudulent operation, or any electronic piracy operations. You are also legally responsible for manipulating or attempting to manipulate the FITLYFT platform in any way.
15. You are legally responsible if you interfere in any way with the way the FITLYFT platform works, or the workflow within it, or declare in any way that you represent us contrary to truth and reality.
16. Users provide us with their data under their personal responsibility, and therefore the user bears civil and criminal liability in the event that his data is incorrect, inaccurate, incomplete, or aims to mislead the FITLYFT platform or others.
17. In the event that the user changes his data that he provided to us through the FITLYFT platform, he is obligated to notify us of this change, otherwise we have the full right to suspend membership, investigate him and take appropriate action against him, without prejudice to any legal right or compensation arising for any other party.
18. You are committed to indemnifying, discharging and defending the FITLYFT platform before all legal and judicial authorities against all lawsuits and claims that may be filed or claimed by others as a result of your use of the platform, or because you violated these terms and conditions or as a result of violating the rights of other users.
19. In the event that you breach these terms and conditions, the platform reserves the right to compensate for any losses or damages caused by it, and the platform has the right to take legal action or resort to the competent courts to file civil or criminal lawsuits against you.
20. As far as possible, we maintain the use of the FITLYFT platform legally, however, the FITLYFT platform does not warrant that it will take action against all violations that may occur to this agreement, and our failure to take legal action in any of the cases of violation does not mean a waiver of our right to take such action at any time we deem appropriate
Twenty-Eight: Disclaimer
1. We provide our services "as available", without any representations or warranties of any kind, either express or implied, regarding the use of the FITLYFT platform, its content or the services provided on it.
2. The FITLYFT platform is not a medical or training institution, and it does not carry out any medical or training work, and you know and acknowledge that our administrative role is limited to coordinating between you and the trainer through the FITLYFT platform, and our role stops at this point.
3. The FITLYFT platform is not responsible for the validity of the content published through the FITLYFT platform, and we do not confirm the validity of this information or confirm its approval by any accredited or unaccredited bodies, private or public, and it is not considered in any way medical advice or treatment recommendations by the FITLYFT platform.
4. Despite verifying the trainers' data, the FITLYFT platform cannot confirm that every user of the platform is actually the person he claims. Accordingly, the FITLYFT platform is not responsible for the correctness of the information provided by the trainer about himself, and we are not obligated to verify this information, and the customer must verify himself all the information of the trainers.
5. FITLYFT platform is not responsible for the failure of any of the parties to implement its obligations under this agreement or under any other agreements made through the platform, or for any delay in the implementation of obligations, incompleteness, misimplementation, or other forms of breach of the implementation of the obligation.
6. The FITLYFT platform is not responsible for the personal actions of the trainer towards the customer, and is not responsible for the personal actions of the customer towards the coach or his followers, and each of them is held personally legally responsible in accordance with the applicable laws.
7. The FITLYFT platform is not responsible in accordance with the legal provisions of "responsible for the work of others", as we do not have any business relationship or legal representation with the trainer or client.
8. FITLYFT platform is not responsible for any communication between the trainer and the customer that takes place outside the system in force in the FITLYFT platform.
9. You exempt us from liability for any breach of your account through the FITLYFT platform, and you know that these illegal acts are beyond our control, however, we are working to secure data and accounts as much as possible.
10. We make no warranties that FITLYFT or its servers or messages sent will be free of viruses or other harmful components.
11. FITLYFT is not legally liable for losses or damages of any kind that may arise from the use of the FITLYFT Platform, including but not limited to direct and indirect damages.
12. The FITLYFT platform does not provide any warranty and does not bear any responsibility regarding the timeliness, popularity, accuracy and quality of the information that the user receives or accesses through the FITLYFT platform.
13. The responsibility for using the information received or accessed by the user through the services of the FITLYFT platform lies entirely with this user, and the FITLYFT platform does not bear any responsibility regarding reliance on this information.
14. You know and agree that the services of the FITLYFT platform are completely online, and that although we make every effort to keep the information secure, we cannot guarantee that the information received or transmitted by the user while using the platform will be secure at all times.
15. FITLYFT is not responsible in all cases for any direct, indirect or consequential loss, loss of profits and goodwill, or damage whatsoever, arising from your use of the platform, the implementation of the terms and conditions stipulated in this agreement, or your loss of any of your confidential data.
16. In all cases, the FITLYFT platform is not responsible against both the trainer or the customer for any party's breach of the provisions of this agreement, and it is not responsible for compensating any of them for any damages that may arise from electronic communications through the FITLYFT platform, or from communicating outside the platform, and we do not provide any kind of in-kind or monetary compensation to either party.
17. You must protect and indemnify our Platform and its employees against any losses resulting from any claim or demand related to the FitDamage Platform or resulting from the act or negligence of the user, his representatives or agents.
18. The FITLYFT platform does not guarantee that the services or part of them will work on all mobile devices, all computers or all operating systems, and does not guarantee that the FITLYFT platform will work in all regions, and that delays or malfunctions may occur due to a defect in the Internet, and therefore you exempt us from responsibility for all of that.
Twenty-nine: Transfer of Rights and Obligations
1. The platform and its owner have the right to transfer all our rights contained in this agreement to any other person or entity without requiring the consent of any of the users of the FITLYFT platform, whether they are trainers, customers, or any of the other FITLYFT platform users, and everyone is obligated to implement all their obligations contained in this agreement before the assignee as soon as they are notified of the transfer, and the assignee has the right to take all legal measures before the user who is not committed to implementing his obligations under this agreement.
2. None of the users of the FITLYFT platform has the right to transfer any of their rights or obligations under this agreement or arising out of its implementation except after obtaining the written consent of the FITLYFT platform, and any agreement between you and any other persons that includes your waiver of any of your rights or obligations under this agreement shall be null and void.
Thirty: Amendments
1. The platform has the right at any time to amend the terms of this agreement or the additional to it, and the FITLYFT platform will update the date of "Other Update" at the top of this document, so you must visit this page periodically.
2. FITLYFT will publish a public notice via FITLYFT and/or an email notification registered with us in users' accounts to inform them of any updates we make to this document.
3. The updates we make to this agreement shall apply from the date of its approval and approval by us within this document and shall apply with direct effect to all services you provide or benefit from and to your legal relationship with the FITLYFT platform.
4. If you continue to use the FITLYFT platform after amending and updating this agreement, this means that you expressly agree to all the updates contained in this agreement and accept to continue the contractual relationship between you and the FITLYFT platform in accordance with the new terms, and in the event that you do not agree to the updates, you must immediately stop using the FITLYFT platform.
Thirty-one: Duration of the Agreement
The FITLYFT platform usage agreement is indefinite, and the platform or the user has the right to terminate the agreement without the need to provide notice, warning or excuses, however, this agreement may not be terminated by the user's own will in some cases:
1. In the event of any obligation of the User towards the Platform or any continuing obligation arising from the implementation of this Agreement or in the event of any governmental obligations imposed on any of the Users to continue to perform his obligations arising under this Agreement.
2. In the event that there are any open and incomplete service requests on the platform, the trainer or customer has no right to terminate this agreement until these requests are permanently closed.
3. In case of any rights of other users associated with specific dates such as cancellation and return dates.
Thirty-two: Cancellation of the Agreement
1. This agreement is terminated by itself without the need to take any legal or judicial action or send any notice, notification or notification, in the event that you breach any clause or paragraph of this agreement or breach any financial or non-financial rights of the FITLYFT platform, or the inability of the management of the FITLYFT platform to document your information, or its incompleteness, or the FITLYFT platform stops providing its services, changes them, or causes you any problems or disputes. Legal for the platform.
2. In the event of termination of the Agreement in accordance with the preceding paragraph, this shall not prejudice the legal effects that resulted from the implementation of the Agreement during its validity period, and these effects shall remain binding on the User.
Thirty-three: Law and Competent Courts
1. This agreement shall be governed by the laws in force and in force within the Kingdom of Saudi Arabia, and the courts in whose district the headquarters of the institution that owns the platform is located shall have jurisdiction to adjudicate any dispute arising from the interpretation or implementation of any of the terms of this agreement.
2. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the legality and enforceability of the other provisions shall not be affected in any way by that provision.
Thirty-four: Language
This agreement has been drafted in Arabic, and in the event that you or the FITLYFT platform translate it into any other language and there is a conflict between the Arabic text and the translated text, the Arabic text shall be adopted and preferred over the translated text, and it shall be considered before all governmental and non-governmental agencies and before the competent courts.
Thirty-five: Suggestions
We allow you to provide suggestions to manage the FITLYFT platform by contacting us through our contact details, and you grant us the right to use the suggestions you provide to us through the FITLYFT platform, and you waive any intellectual property rights or any commercial rights in favor of the FITLYFT platform, and under this waiver the platform has the right to exploit the suggestions it provides to us exclusively.
Thirty-six: Notifications
1. All notices required to be notified by the FITLYFT platform to any of its users are notified to the user by notifications via the FITLYFT platform or by the means of communication provided by the user during the registration process on the FITLYFT platform, and the user is supposed to be aware of the notification as soon as it is sent by the FITLYFT platform.
2. In the event that there are notices that the user is required to notify to the FITLYFT platform, the user must inform the FITLYFT platform through the means of communication officially approved by the management of the FITLYFT platform.
Thirty-seven: Contact Details
.
