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Our Terms and Conditions were last updated on 14/08/2024
Please read these terms and conditions carefully before using Our Service. These terms and conditions are provided in English. Versions in other languages may be provided for information. In case of any discrepancy or inconsistency, the English version shall prevail.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, THEN REFRAIN FROM USING THE SERVICE.
IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS & CONDITIONS, EXCEPT AS WE MAY OTHERWISE PROVIDE FROM TIME TO TIME, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR
RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.
INTERPRETATION AND DEFINITIONS
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
“Application” means Physical Life [App] mobile application, provided by the Company and downloaded by You on any electronic device..
“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Account” means a unique account created for You to access our Service or parts of our Service.
“Company”, "We", "Us" or "Our" means FIZIKL IQ - FZCO, address: Dubai Silicon Oasis, Techno Hub 2, 66th street, Nr 20, Nad Al Hessa, Dubai, United Arab Emirates, registration Number: DSO-FZCO-30777, license number: 32779.
“Content” means content such as text (including Messaging Data), images, or other information that can be posted, uploaded, linked to, or otherwise made available in the Service.
“Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
“Services” means the services provided through the functionality of the Service, namely remote information support, including familiarization with nutrition and training programs, provision of consultations.
“Promotions” mean contests, sweepstakes or other promotions offered through the Service.
“Service” means Application.
“Terms and Conditions” or "Terms" mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
“Third-party Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ACKNOWLEDGMENT
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
If you purchase any other services from the Company or its Affiliates, as well as its agents, the Terms and Conditions of such Services shall prevail over these Terms and Conditions.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is conditional on your acceptance and compliance with the applicable Privacy Policy governing the processing and protection of your personal data. Please read the Privacy Policy carefully before using the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
Company may impose restrictions on the use of Service for all Users or certain categories of Users (depending on the User’s location, language of the service, etc.) including: availability/unavailability of certain service functions, period of storing messages and any other content, maximum number of messages that can be sent or received by one registered user, maximum size of an electronic message or disc space, maximum number of service uses in a certain period, maximum period of content storage, special parameters of downloadable content, etc. Company may prohibit automatic requests to its servers as well as terminate acceptance of any automatically generated information (for instance, electronic spam).
In order to improve the quality of the Services, Company and/or the persons involved by it to perform the survey may collect opinions and feedback from the Users on various matters by sending an information message when the User next visits the Service. The opinions and feedback may be used to generate statistics that may be used in Service. The feedback provided by the User during the survey may also be published by the Company in the Service or in the services of Affiliated persons, both with and without the User's name (login). When giving feedback, the User shall observe the requirements hereof.
USER ACCOUNTS
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is offensive, vulgar, or obscene.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
CONTENT
Your Right to Post Content
If Our Service allows You to post Content, You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service and advertising of the Service. Messaging Data is exempted from the rights to publicly perform and display, and distribute. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
Content and Conduct Restrictions
The Company is not responsible for the Сontent and conduct of the Service's users. You expressly understand and agree that You are solely responsible for the Content and your conduct and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content or commit any conduct that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content or conduct include, but are not limited to, the following:
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content or conduct is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service. As the Company cannot control all Сontent posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to Сontent that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
LICENSE
Scope of License
The Company grants You for no cost a revocable, non-exclusive, non-transferable, limited license to download, install and use the Service strictly in accordance with the terms of these Terms.
You may only use the Content on a Device that You own or control and as permitted by the Application Store's terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of these Terms.
License Restrictions
You agree not to, and You will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Content or make the Content available to any third party.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its Affiliates, partners, suppliers or the licensors of the Content.
Backups
Although regular backups of the Service are performed, the Company does not guarantee there will be no loss or corruption of data.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of the Service. But You acknowledge that the Company has no liability related to the integrity of the Service or the failure to successfully restore the Service to a usable state.
You agree to maintain a complete and accurate copy of any data in a location independent of the Service.
COPYRIGHT POLICY
Intellectual Property Infringement
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to our attention via email (info@physical-transformation.com) and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Uswith the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
INTELLECTUAL PROPERTY
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws.
Our Content, trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
YOUR FEEDBACK TO US
You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
TERMINATION
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or one hundred (100) USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" AND "AS AVAILABLE" DISCLAIMER
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
GOVERNING LAW
The laws of England and Wales, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
The laws of the United Arab Emirates shall govern this Terms and Conditions and Your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws or other applicable law.
DISPUTES RESOLUTION
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. The parties agree to take measures for mandatory pre-trial settlement through negotiations within 10 (ten) business days from the date of the delivery of the relevant claim (demand) to the party to which it was addressed.
If any dispute is not resolved within 10 (ten) business days from the date of delivery of the relevant claim to the party to which it was addressed, then any dispute, difference, controversy or claim arising out of or in connection with these Terms and Conditions, including, but not limited to, any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (the “DIFC Courts”).
Disputes arising out of these Terms and Conditions or in connection with them may be referred to the DIFC Courts in accordance with paragraph 2 of this section only after the parties have taken measures for mandatory pre-trial settlement as provided by paragraph 1 of this section.
SEVERABILITY AND WAIVER
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If the mentioned changes are material, We will make reasonable efforts to provide You with at least thirty-day notice prior to the effective date of such changes.. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those changes become effective, You agree to be bound by the revised terms and conditions. If You do not agree to the new terms and conditions, in whole or in part, please stop using the Service.
DISCLAIMER
The information contained on the Service is for general information purposes only.
The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
FITNESS & NUTRITIONAL INFORMATION DISCLAIMER
The Service can offer fitness and nutritional information and information on healthy lifestyle, including, without limitation, advice and recommendation, that is provided solely as general informational purposes.
Use of the advice, recommendations, and other information contained in the Service is at your sole choice and risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult your physician or healthcare provider before beginning any nutrition or exercise program.
If You choose to use this information without prior consent of your physician, You are agreeing to accept full responsibility for your decisions and agreeing to hold harmless the Company.
VIEWS EXPRESSED DISCLAIMER
The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.
Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
CONTACT US
If you have any questions about these Terms and Conditions, You can contact us:
By sending Us a message via the Application, or
By sending us an email, at info@physical-transformation.com
FIZIKL IQ - FZCO
Registered with Dubai Integrated Economic Zones, the United Arab Emirates, with license number 32779