TERMS AND CONDITIONS
TERMS AND CONDITIONS
The information provided by The Qii To Fitness LLC (“we,” “us” or “our”) on http://www.theqiitofitness.com (the “Site”) and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
The Site and workout guide cannot and does not contain/replace medical advice. The information in this guide is provided for general informational and educational purposes only and is not a substitute for professional medical advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate licensed health care professional. The Qii To Fitness, LLC does not hold medical licenses and we do not provide any kind of medical advice. We strongly advise consulting with a physician or registered dietitian prior to starting any program on The Site. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
We strongly recommend that you consult with your physician before beginning any exercise program. This program was written for persons who have existing experience with weightlifting/exercise. You should be in good medical standing prior to beginning any program on The Site. We arenot a licensed medical care provider and represents that we have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge The Qii To Fitness, LLC from any and all claims or causes of action, known or unknown.
We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. As with any health-related program or 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.
Copying, sharing or other unauthorized use of this plan is prohibited without the approval of The Qii To Fitness, LLC.
You are using a website operated by The Qii To Fitness LLC . Referred to as “The Qii To Fitness LLC ” or “we” in this agreement. By accessing or using the The Qii To Fitness LLC Software, the The Qii To Fitness LLC Service, or any applications (including mobile applications) made available by The Qii To Fitness LLC (together, the “Service”), however accessed, you agree to be bound by the following terms and conditions which consists of the following policies:
- Acceptable Use
(and together, are the “Terms and Conditions”).
The Service is owned or controlled by The Qii To Fitness LLC . These Terms and Conditions affect your legal rights and obligations. If you do not agree to be bound by all of these Terms and Conditions, do not access or use the Service.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms and Conditions. In those cases, the terms specific to the special feature shall apply to the extent there is a conflict with these Terms and Conditions.
Contact The Qii To Fitness LLC
If you have any questions regarding these Terms and Conditions, or if you have any questions, complaints, claims or other legal concerns relating to The Qii To Fitness LLC or its business, please contact support firstname.lastname@example.org
- -“Account” – a registered user account with The Qii To Fitness LLC Ltd
- - “The Qii To Fitness LLC ” is the application owned and distributed by The Qii To Fitness LLC Ltd
- – “The Qii To Fitness LLC Service” – The Qii To Fitness LLC provides the service of a platform where users can share content and ideas.
- - “The Qii To Fitness LLC Software” – website www.theqiitofitness.com
- - “Content” means any data, text, files, information, usernames, images, graphics, photos, profiles, links and other content or materials.
- – “Product” means any digital or physical fitness or related product purchased through the The Qii To Fitness LLC Software or The Qii To Fitness LLC applications.
- - “Seller” – means the influencer you are purchasing from.
- - "Software” means the The Qii To Fitness LLC application that a user can use on a computer or supported mobile device in order to utilize the Services; the Software may be downloaded or accessed on the Internet.
- You must create an Account in order to use the Service.
- You must be at least 13 years old to use the Service.
- You must use the The Qii To Fitness LLC Software and Service only in accordance with our Acceptable Use Policy.
- You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, followers, username, or any Account rights. With the exception of people or businesses that are expressly authorized to create Accounts on behalf of their employers or clients, The Qii To Fitness LLC prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to The Qii To Fitness LLC upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other The Qii To Fitness LLC users.
- You are responsible for keeping your password secret and secure.
- Any links shared on The Qii To Fitness LLC are your responsibility and we take no responsibility for any third party links shared on the The Qii To Fitness LLC Software. If we find that any third party links you have posted do not comply with our Terms and Conditions, you will be removed from the Service.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service. If found doing so we would delete your account and report you to the relevant authorities.
- You may not use the Service for any illegal or unauthorized purpose.
- You are solely responsible for your conduct and Content that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or The Qii To Fitness LLC
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any The Qii To Fitness LLC users.
Rights & Ownership
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms and Conditions; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction.
- The Service contains Content owned or licensed by The Qii To Fitness LLC (“The Qii To Fitness LLC Content”). The Qii To Fitness LLC Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and The Qii To Fitness LLC , The Qii To Fitness LLC owns and retains all rights in the The Qii To Fitness LLC Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the The Qii To Fitness LLC Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the The Qii To Fitness LLC Content.
- The The Qii To Fitness LLC name and logo are trademarks of The Qii To Fitness LLC Ltd, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Qii To Fitness LLC . In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of The Qii To Fitness LLC , and may not be copied, imitated or used, in whole or in part, without prior written permission from The Qii To Fitness LLC .
- You agree that The Qii To Fitness LLC is not responsible for, and does not endorse nor monitor, any third party Content posted within the Service. The Qii To Fitness LLC does not have any obligation to pre-screen, monitor, edit, or remove any third party Content. If your Content violates these Terms and Conditions, you may bear legal responsibility for that Content.
Refund And Returns Policy
This Refund and Returns Policy applies for all products purchased through the The Qii To Fitness LLC checkout.
You acknowledge that The Qii To Fitness LLC provides a platform for users to purchase Products from a Seller, and that a sales contract is formed between you and a Seller only; The Qii To Fitness LLC is not part of that transaction.
If you purchase a Product from the The Qii To Fitness LLC checkout, you understand that:
- you are not buying a Product directly from The Qii To Fitness LLC , but from the Seller;
- you may contact The Qii To Fitness LLC directly about your purchase; and
- delivery of a Product is handled by a third party;
- On all digital content you will lose your 14 day right to cancel as you can instantly see the content upon purchase.
After making a purchase, you will be sent confirmation of the sales contract between the Seller and yourself via email promptly after the conclusion of the contract.
You acknowledge that Products purchased through the The Qii To Fitness LLC software are deemed to fall within the low value off-premises contract exemption to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
You may be requested to provide proof of purchase when requesting a refund.
If you have any questions, please email email@example.com
RETURNS FROM THE POSTAL SERVICE
If your order is returned to us due to non-delivery or incorrect address, it will be automatically cancelled and refunded and you will need to create another order again. You will not be refunded for the postage as we have incurred the cost sending you the order.
RETURNS BY CUSTOMER
Any returned parcels sent by the customer without acknowledgment from a member of the support team will not be returned/exchanged or refunded.
You acknowledge that the Seller is not obliged to provide a refund on digital Products (which includes all guides) purchased through the The Qii To Fitness LLC Software.
Once a download of a digital product has started, you do not have a right to cancel the purchase and to request a refund as per Gov UK rules.
Refunds for digital products shall only be given in the following limited circumstances:
- If there was a technical issue and the content was never received by the buyer.
- If the transaction was not a genuine transaction (e.g. card fraud etc)
- If there was a duplicate order or payment due to a technical fault. Genuine multiple orders by the same person are not eligible for a refund.
You acknowledge that the Seller is not obliged to provide a refund on physical Products purchased through the The Qii To Fitness LLC Software.
Refunds for physical Products shall only be given in the following circumstances:
- If the item was ripped or broken which made it non-functioning.
- If the transaction was not a genuine transaction (card fraud etc)
- If there was a duplicate order or payment due to a technical fault. Genuine multiple orders by the same person are not eligible for a refund.
If you have received a faulty product and it's within 60 days from purchase please send in a picture of the faulty product and we can exchange this but unfortunately, there will be no refunds.
Delivery Of Products
The The Qii To Fitness LLC Software uses Stripe and PayPal as a third party payment providers. The Qii To Fitness LLC does not hold any payment details of users.
All Products purchased through the The Qii To Fitness LLC Software are delivered via Royal Mail or another courier. All deliver information is listed on the website prior to purchase and a customer’s delivery information is listed in the confirmation email.
When your item is dispatched you will receive an email with information on how long the delivery will take and what service was used. If the delivery was tracked a tracking number and link will also be provided.
You also may receive a text message once your order is dispatched however this is dependent on you adding your phone number when completing your order and if your mobile carrier supports our service.
All delivery of products is handled by a third party company.
In Stock Items
At the time of purchase, you will be informed via email from The Qii To Fitness LLC regarding the anticipated dates of your delivery.
For all pre-order sales (which shall be clearly marked as such), delivery dates are estimates only as the Product is still yet to be manufactured. You agree that you are purchasing a Product from the Seller which will only be delivered once it has been produced and that you will be notified via email when your Product has been dispatched.
Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access the Service. This acceptable use policy applies to all users of, and visitors to, the Service.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which form part of our Terms and Conditions.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
- Not to abuse our staff through emails and social media. Any form of abuse will result in your account being blocked.
We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Content standard.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension And Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes To The Acceptable Use Policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Contact The Qii To Fitness LLC
If you have any questions regarding these Terms and Conditions, or if you have any questions, complaints, claims or other legal concerns relating to The Qii To Fitness LLC or its business, please contact firstname.lastname@example.org
- 1 INFORMATION WE COLLECT
We collect the following types of information. Information you provide us directly:
- When you register for an account:
- Via Email: Your Full Name, password and email address.
Technical information we collect:
- Additionally, any use of The Qii To Fitness LLC ’s website and/or software may result in the collection of technical information such as your computer’s IP address, mobile device identifier, meta data, operating system, browser name/version, the referring web page, requested page; such information is used to help us understand the overall usage pattern of our website and software.
- We also use third-party analytics tools to help us measure how you use The Qii To Fitness LLC . These tools collect information sent by your device or our Service, including how you like to use our software and website which can help us in improving our Service.
- The Qii To Fitness LLC may invite you to provide information through feedback on features on our website or software; we may send out e-mail inviting feedback or offering products and services; or we may ask you for information concerning support of our products or services. Your response to these communications may require you to submit personal information and opinions.
- HOW WE USE YOUR INFORMATION
We may use information that we receive to:
- Help you efficiently access your information after you sign in
- Remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
- Provide personalised content and information to you and others, which could include online ads or other forms of marketing
- Provide, improve, test, and monitor the effectiveness of our Service
- Develop and test new products and features
- Monitor metrics such as total number of visitors, traffic, and demographic patterns
- Diagnose or fix technology problems
- Automatically update the The Qii To Fitness LLC application on your device
- SHARING OF YOUR INFORMATION
We will not rent or sell your information to third parties outside The Qii To Fitness LLC without your consent, except as noted in this Policy. Parties with whom we may share your information:
- We may share User Content not personal information with potential business partners, service providers as a way of improving our service and providing relevant content. This will be done under confidentiality terms.
- We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
- We may be required to disclose your information without your prior consent by law for the following reasons:
- Comply with law or legal process
- Protect and defend our rights and property, or the rights and property of a third party
- Protect us against misuse or unauthorized use of any of The Qii To Fitness LLC ’s products, software, services, or other proprietary materials
- Prevent death or imminent bodily harm. prevent and address fraud and other illegal activity
- HOW WE STORE YOUR INFORMATION
- Storage and Processing:
- We use commercially reasonable precautions to help keep your personal information safe and stored securely. However, The Qii To Fitness LLC cannot ensure the security of any information you transmit to The Qii To Fitness LLC or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
- Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and The Qii To Fitness LLC , at all times. Your privacy settings may also be affected by changes the social media services you connect to The Qii To Fitness LLC make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
- Following termination or deactivation of your account, The Qii To Fitness LLC , its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
- Email our support to know about deleting your account email@example.com
- CHILDREN'S PRIVACY
The Qii To Fitness LLC does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
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YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the EEA, you have the following data protection rights:
- If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by firstname.lastname@example.org
- In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing email@example.com
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing firstname.lastname@example.org
- Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
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