Welcome to HealthyFitPlan and our Terms of Service (these “Terms”). These terms are important and affect your legal rights, so please read them carefully. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.The website https://www.healthyfitplan.com (the “website” or the “site”) is owned and operated by Margery Limited (“HealthyFitPlan”, “we”, “us”, “our” or “the company”). The site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices herein (the “terms”), which govern your use of the site and the services provided on the site. By accessing or using the website you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, including our Privacy Policy, you must not use or access the site. Your access and use of the service constitute your agreement to be bound by these Terms, which establish a legally binding contractual relationship between you and the company. For this reason, please read the terms carefully before using the service. If you do not agree with all of these Terms, then you are expressly prohibited from using the service and you must discontinue use immediately.
Changes to Terms of Use, Website and/or Privacy Policy
We may change these Terms, the Site, or our Privacy Policy at any time in our sole discretion with or without notice. You can review the most current version of the Terms by clicking on the “Terms of Use” link, located at the bottom of our website, at Terms of Service. You are responsible for checking the Terms of Service and Privacy Policy periodically for changes. If you continue to use the Site or our Services after we post changes to the Terms or Privacy Policy, you are signifying your acceptance of the new Terms and Privacy Policy as well as the changes in the Site or Services. Our Privacy Policy is located at Privacy Policy. If you do not accept any changes your sole remedy is to not use the Site or Services. The Terms are effective as of April 1, 2020.You agree to receive certain communications to your email address such as customer service, periodic newsletters and product offers. You can opt-out od non-essential communications by unsubscribing from the email notification.
The Service may be modified, updated, interrupted or suspended at any time without notice to you or our liability.
Age Restriction
The site and the service is intended for use by individuals who are al least 18 years of age. By using the Site, you represent and warrant that you are 18 years of age or older and have full power and authority to enter into these Terms.
Important Disclaimers
HealthyFitPlan does not offer or provide any kind of medical advice, health insurance or other healthcare service, including without limitation, any counseling, testing, evaluation, prescription, procedure or therapy related to exercise, nutrition, weight loss or wellness or related to the avoidance, diagnosis or treatment of any injury, illness, disease or condition (collectively, “healthcare services”).
The service may not be appropriate for all persons and is not a substitute for professional healthcare services. The service is intended only as a tool, which may be useful in achieving your overall health and fitness goals. You acknowledge that your exercise activities involve risks, which may involve risk of bodily injury or death, and that you assume those risks. Before accessing or using the service, and agree to release and discharge the company from any and all action, know or unknown, arising out of your use of the service.
You should consult with your physician or other qualified healthcare professional to determine whether the service would be safe and effective for you. You are expressly prohibited from accessing or using the service against medical advice or if doing so might pose any health risk. In this context, you acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (born and unborn, as applicable), and all decisions now or in the future.
To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice via the service. All content provided through the service, whether provided by us or third parties (even if they are claiming to be a doctor) is not intended to be and should not be used in place of (1) the advice of your physician or other professionals, (2) a visit, call or consultation with your physician or other medical professionals, or (3) information contained on or in any product packaging or label. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the service. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.
Your use of the service does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and the company.
The company does not assume any liability for inaccuracies or misstatements about food recipes, exercises or other content on the service. You should carefully read all information provided by the manufacturers of the food products, whether online or on the actual product packaging and labels, including nutrient content, ingredients, food allergen and contact information, and health claims, before using or consuming a product. For additional information about a food product, please contact the manufacturer directly.
We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. The testimonials and examples that may be provided on the service are exceptional results, which do not apply to an average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no assurance that examples of past fitness results can be duplicated in the future. We cannot guarantee your future results and/or success. Nor can we guarantee that you maintain the results you experience if you do not continue following our programs.
Each individual´s health, fitness, and nutrition success depends on his or her background, dedication, desire, and motivation. As with any health-related service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment. The use of the service should be based on your own due diligence and you agree that the company is not liable for any success or failure of your physique that is directly or indirectly related to the purchase and use of the service.
In addition to all other limitations and disclaimers in these terms, the company disclaims any liability or loss in connection with the content provided on the service. You are encouraged to consult with your doctor and other relevant professionals with regard to the information contained on or accessed through the service.
Use of Service
The Service provides its users with a personalized meal plan and individual exercises suggestions. In order to use the Service, you must provide certain information about yourself.
If you use the Service, you represent and warrant to the Company that: (1) all required information you submit is truthful and accurate; (2) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may nor operate correctly, and we may not be able to contact you with important notices.
By using the Service, you agree to receive certain communications, such updates on the Service or a periodic e-mail newsletter from the Company. You can opt-out of non-essential communications by unsubscribing from the email notification.
The Service may be modified, updated, interrupted or suspended at any time without notice to you or your liability.
User consent
You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by the Company to operate the Service (excluding any User Content, as defined below) is proprietary to us or to third parties.
The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
Subject to these Terms, the Company grants you a non-transferable, non-exclusive, license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes.
You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.
Your access to and use of the Service is at your own risk. The Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.
The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company’s sole discretion.
BILLING AND REFUNDS
Through the Service you may purchase personalized meal plan and individual exercises suggestions (“Purchase”). The cost of the Purchase is provided within the Service.
Purchase within the Service can be performed by using any acceptable payment method accepted by the Service: credit/debit card.
You agree that Purchase is final, that Company will not refund any transaction once it has been made and that the Purchase cannot be canceled. Notwithstanding the foregoing, you may be eligible to receive a refund provided that you fulfill the requirements stated in the Money-Back Policy. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you order the Purchase, you acknowledge and agree that you accept and consume the Purchase promptly once your Purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 6.3, your Purchase is complete at the time our servers validate your Purchase and the applicable Purchase is successfully delivered to you.
General Terms; Severability & Integration; No Waiver
This contract and any supplemental terms, policies, rules, and guidelines posted on the Site or with respect to the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable the invalidity of such provision shall not affect the validity of the remaining provisions. The failure by either party to assert their rights hereunder shall not be deemed a waiver of those rights. Any waiver of any provision by us must be in writing and signed by AppleLemons to have effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Intellectual Property Rights
As between Company and Client, all intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights and any other proprietary rights in or to related to the Services and Services-related content are owned by the Company.
The Client must not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display or perform, or publish or otherwise make available the Services including but not limited to Digital content, in whole or in part without Company’s prior written consent.
The Client hereby grants to the Company a perpetual, irrevocable, worldwide, fully paid-up and royalty‑free, non-exclusive license, including the right to sublicense (through multiple tiers) and assign to third parties, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit in any way now known or in the future discovered, his/her User Content (except for User Trademarks) as well as all modified and derivative works thereof. To the extent permitted by applicable laws, the Client hereby waives any moral rights he/she may have in any User Content. “User Content” means any User Trademarks, communications, images, writings, creative works, sounds, and all the material, data, and information, that the Client uploads, transmits or submits through the Services, or that other users upload or transmit. By uploading, transmitting or submitting any User Content, the Client affirms, represents and warrants that such User Content and its uploading, transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third‑party rights, and that the Client has permission from any third party whose personal information or intellectual property is comprised or embodied in the User Content; and (c) free of viruses, adware, spyware, worms or other malicious code.
No part of this Agreement is, or should be interpreted as a transfer of intellectual property rights in relation to the Services or Services-related content, except as expressly set forth in Section 8.1 below.
Sale of Digital Content Prohibited
The Client is prohibited from selling, offering for sale, sharing, renting out or lending Digital content, or copies of Digital content..
Dispute resolution
Governing Law. This Agreement is governed by the laws of Dellaware without regard to its principles of conflicts of law, and regardless of Client’s location.
Informal Dispute Resolution. Client agrees to participate in informal dispute resolution before filing a claim against the Company. Any complaints in relation to the Company and the Services provided to the Client should be addressed to the Company by contacting [email protected]. Client should clearly indicate that a complaint is being submitted and specify the grounds and circumstances concerning the complaint. The Company will send a complaint acknowledgement to the e-mail address from which the complaint has been received. We will consider the complaint and respond to the Client within 14 calendar days of the day of receipt of a relevant complaint. If a dispute is not resolved within 30 calendar days of the day of receipt of a relevant complaint, Client or Company may bring a formal claim.
Arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between Client and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Client and Company agrees that Client and Company are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
Client agrees that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and Client is agreeing to give up the ability to participate in a class action.
Client may opt out of this agreement to arbitrate by emailing [email protected] with Client’s first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that Client declines this arbitration agreement.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Client or Company that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude Client from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
<h3<Miscellaneous
No person other than the Client shall have any rights under this Agreement.
Client may not assign any rights under this Agreement to any third party without the prior consent of the Company. The Company at its sole discretion may assign its rights and obligations under this Agreement in full or in part to any third party.
If any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.
THE USE OF THE SERVICES IS SOLELY AT CLIENT`S OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND SERVICE, WHETHER EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CLIENT. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET CLIENT`S REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. CLIENT UNDERSTAND AND ACKNOWLEDGE THAT HIS/HER SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE TO USE THE SERVICES. CLIENT MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
BY USING THE SERVICE OR ACCESSING THE WEBSITE OR SERVICE, CLIENT HEREBY ACKNOWLEDGE THAT HE/SHE HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Contact Details
If you have any questions or comments, or wish to send us any notice regarding these Terms, the Site or the Services, please contact us.
Contact e-mail: [email protected]
DATE LAST MODIFIED: April 16, 2020
