Welcome to www.thefitnessfactory.com. These are the terms and conditions governing your access to and use of the website www.thefitnessfactory.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with The fitnessfactory.com ("we", "us" or " Thefitnessfactory.com ") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
2. Eligibility for Membership
The fitnessfactory.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Thefitnessfactory.com under this User Agreement or at law, Thefitnessfactory.com reserves the right to limit or withdraw access to the Site or the membership of any person if Thefitnessfactory.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Thefitnessfactory.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
3. Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
• All orders may require 24 hours processing time before shipping.
• Thefitnessfactory.com does not process orders during weekends and Holidays.
• No deliveries will be made on Fridays.
• Thefitnessfactory.com does not guarantee same day shipping.
• Thefitnessfactory.com does not offer International shipping options at this time.
• Exact delivery times cannot be guaranteed.
• You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities
that occur under your account and password. You agree to immediately notify Thefitnessfactory.com of any unauthorized use of your password or account or any other
breach of security. In no event will Thefitnessfactory.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever
resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account
holder. You agree to reimburse Thefitnessfactory.com for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the
Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
• You will provide true, accurate, current and complete information about yourself as prompted by Thefitnessfactory.com’s registration form (the "Registration Data").
• You will not include: (i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word
"Thefitnessfactory" in your registration user ID.
• Your store name shall not include the word "Thefitnessfactory".
other user as confidential.
• You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete or if Thefitnessfactory.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in
accordance with this User Agreement, without prejudice to any other rights and remedies of Thefitnessfactory.com under this User Agreement or at law,
Thefitnessfactory.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Thefitnessfactory.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Thefitnessfactory.com upon such requests. You acknowledge and agree that if you do not, Thefitnessfactory.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
4. Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Thefitnessfactory.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
5. Amendments to this User Agreement
You acknowledge and agree that Thefitnessfactory.com shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Thefitnessfactory.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
6. Fees and Services
Thefitnessfactory.com is neither an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.
Membership on the Site is free. Thefitnessfactory.com does not charge any fee for browsing, bidding and buying listed items on the Site. The fitnessfactory.com charges transaction fees to all sellers when their item is successfully sold on the Site, listing fees for classifieds and special listing fees to sellers who use the special listing feature for listing their items.
Sellers must pay all fees due and payable to Thefitnessfactory.com after a successful sale and in the case that a buyer does not complete the transaction, the seller may seek a refund of the relevant transaction fees from Thefitnessfactory.com by submitting an online no-sale claim.
Before you list an item for sale through the Site, we request you to review the fees that you will be charged based on our Fees & Credit Policy which we may amend from time to time with immediate effect by posting the changes on the Site.
The fitnessfactory.com may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.
Unless otherwise stated, all fees shall be quoted in your country's currency. You must pay all fees payable to The fitnessfactory.com (and any applicable taxes or charges) within 30 days of the date of any invoice to you from The fitnessfactory.com with a valid payment method as set out in our Fees & Credit Policy.
In case of non-payment of fees and/or any applicable taxes and charges by you to Thefitnessfactory.com, without prejudice to any other rights and remedies of Thefitnessfactory.com under this User Agreement or at law, The fitnessfactory.com without liability reserves the right to:
• Issue you with a warning regarding the non-payment in question.
• Temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar
days of Thefitnessfactory.com issuing a warning to you.
• The fitnessfactory.com also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to The fitnessfactory.com
For accounts over 30 days past due, deduct the amount owed from your MyWallet account balance (and you acknowledge and agree to The fitnessfactory.com doing
so in these circumstances) and confirm the same to you by email.
• Deduct from your MyWallet
• Invoice you for a fixed late payment fee (as set out in our Fees and Credit Policy from time to time).
• Take any steps Thefitnessfactory.com considers necessary including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes
7. The fitnessfactory SafePay
The The fitnessfactory SafePay system means that payment for items on the Site may be made online or partly online through the The fitnessfactory.com payment facilities called "MyWallet" or Cash On Delivery ("COD") (or other payment methods which Thefitnessfactory.com may make available on the Site from time to time)
By providing the MyWallet and COD payment facilities, The fitnessfactory.com is merely facilitating the making of online payments by buyers possible but Thefitnessfactory.com is not involved in the process of buying and selling items on the Site. All sales and purchases on the Site continue to be bipartite contracts between the buyer and the seller of an item(s) and Thefitnessfactory.com is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does The fitnessfactory.com have any fiduciary duty to any user. You acknowledge and agree that Thefitnessfactory.com will hold your funds at your own risk.
8. Your Information
9. Use of the Site
While using the Site, you will not:
• post Information or content or list items in an inappropriate category or areas on our Site
• post items you do not have a right to link to or include;
• post items that are concurrently listed for sale on a website other than the Site;
• post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be
reasonably considered to constitute harassment;
post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user,
disrespect another's culture or make any other derogatory or inappropriate comments;
• post counterfeit or stolen items;
• post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
• post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
• post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
• post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
• post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals,
values, ethics and traditions;
• post Information or content or list items which may (in our sole discretion) threaten national security;
• post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
• use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining
attention or diverting members to a listing);
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you bid, a clear
typographical error is made, or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;
• use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
• claim an item was not sold when in Thefitnessfactory.com 's sole discretion the item was sold in accordance with this User Agreement and the Site's policies;
• in case of purchase of/placing a successful bid for an artwork which is marked as "non-exportable" on the Site you agree that the artwork shall not be exported out of
the United Arab Emirates or otherwise dealt in any such manner which shall be in contravention of any applicable laws and regulations for the time being in force;
• manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
• circumvent or manipulate our fee structure, the billing process, or fees owed to Thefitnessfactory.com;
• take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to Thefitnessfactory.com);
• transfer your Site account (including feedback) and username to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or
property of the Site's users;
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of the Site;
• attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
• export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
• copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
• violate any laws, rules, regulations, guidelines, third party rights or our policies;
• abuse Thefitnessfactory.com's Shipping Policy , MyWallet Policy , Listing Policy , or any of Thefitnessfactory.com's other policies or terms and conditions posted on the
Site from time to time;
• directly or indirectly, offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following items:
• securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
• living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins,
specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is
prevented or restricted in any manner by applicable laws;
• weapons of any description; liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative
• religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person;
• antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures;
• used cellular phone SIM Cards, except if the transaction is in accordance with the local operators' rules pertaining to transfer of ownership of the same;
• items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user's interest or health; any items
identical to other items you have up for auction but which are priced lower than your other items' price, the reserve price of such other item / minimum bid amount;
• fresh food;
• non-transferable vouchers; and chemicals.
• you are 18 years of age or over the age of 18 years;
• if you are a corporate representative, you have authority to bind the corporate entity;
• you are the sole and exclusive legal and beneficial owner of all items of any description that you wish to offer for sale on the Site and you have complete right, title and
authority to deal in and offer for sale such items;
• you will inform Thefitnessfactory.com of any postings, items or transactions which appear to be in violation of this User Agreement;
• you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site; information you provide on the Site
in respect of items you wish to sell shall be as accurate as reasonably possible;
• you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or
anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of Thefitnessfactory.com;
• you will not use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
• you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information; and
• you will not disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole
discretion) may constitute a breach of privacy and/or applicable laws.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Thefitnessfactory.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Thefitnessfactory.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"Thefitnessfactory.com" and related logos, and other words and logos on the Site (including without limitation "MyWallet" and "Thefitnessfactor SafePay") are either unregistered trademarks or registered trademarks of Thefitnessfactory.com and are protected by international trademark and other intellectual property rights and laws. Thefitnessfactory.com's trademarks may not be used in connection with any product or service that is not Thefitnessfactory.com’s nor in any manner that disparages or discredits Thefitnessfactory.com. All other trademarks not owned by Thefitnessfactory.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Thefitnessfactory.com.
12. Abusing Thefitnessfactory.com
Please report problems of any kind or violations of this User Agreement to Thefitnessfactory.com. If you believe that your intellectual property rights have been violated, please notify Thefitnessfactory.com. Without prejudice to any other rights and remedies of Thefitnessfactory.com under this User Agreement or at law, Thefitnessfactory.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Thefitnessfactory.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
13. Buyer Protection
Thefitnessfactory.com has a "Buyer Protection Program" which seeks to assist buyers to ensure their purchase is protected against fraud by any sellers on the Site. If a buyer has purchased an item by way of any of the Thefitnessfactory SafePay processes and never received it or received an item worth significantly less in value compared to what was described by the seller, the buyer may seek protection under the Buyer Protection Program. The Buyer Protection Program involves reimbursement by Thefitnessfactory.com to the buyer of the value of the item only. To be eligible under the Buyer Protection Program a buyer needs to file a complaint with Thefitnessfactory.com within 48 hours of receiving (or not receiving) the relevant item. Thefitnessfactory.com will investigate the matter and if it has been determined (by Thefitnessfactory.com in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which Thefitnessfactory.com has reimbursed the buyer, Thefitnessfactory.com may limit, suspend or withdraw the seller's access to the Site and/or the seller's membership and Thefitnessfactory.com may charge the seller for Thefitnessfactory.com 's costs in reimbursing the buyer and for any handling and shipping (in accordance with the Fees & Credit Policy . Thefitnessfactory.com reserves the right to take such further steps as it considers necessary including without limitation legal action. You acknowledge and agree that if any item returned to Thefitnessfactory.com by a buyer is illegal or otherwise unlawful that Thefitnessfactory.com may in its sole discretion destroy the item or take any other steps as it considers necessary.
Shipping fees for returned Items :
1) Return item due to Seller's Fault (Item is not as described – item defective ... etc.)
A) If the buyer claimed Within the 3 Days of the date of delivery
• Thefitnessfactory pays the Delivery Shipment Fees
• Seller/ Thefitnessfactory Pays the Return Shipment Fees
If the buyer claimed after the 3 Days of the date of delivery ( *Only if returned approved )
• Buyer pays the Delivery Shipment Fees
• Seller/ Thefitnessfactory Pays the Return Shipment Fees
2) Return item due to Buyer's Fault (* Item in the original state & condition when purchased and received.)
A) If the buyer claimed Within the 3 Days of the date of delivery
• Thefitnessfactory pays the Delivery Shipment Fees
• Buyer pays the Return Shipment Fees
B) If the buyer claimed after the 3 Days of the date of delivery (* Only if returned approved )
• Thefitnessfactory pays the Delivery Shipment Fees
• Buyer pays the Return Shipment Fees
15. Breach of User Agreement
Without prejudice to any other rights and remedies of Thefitnessfactory.com under this User Agreement or at law or otherwise, Thefitnessfactory.com may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
• If you breach this User Agreement;
• If Thefitnessfactory.com is unable to verify or authenticate any information you provide; or
• If Thefitnessfactory.com believes (in its sole discretion) that your actions may cause legal liability for you, other users or Thefitnessfactory.com.
Thefitnessfactory.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Thefitnessfactory.com or use the Site in any manner whatsoever until such time that such user is reinstated by Thefitnessfactory.com. Notwithstanding the foregoing, if you breach this User Agreement Thefitnessfactory.com reserves the right to recover any amounts due and owing by you to Thefitnessfactory.com or any losses and damages caused by you to Thefitnessfactory.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as Thefitnessfactory.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Thefitnessfactory.com right to take any actions with respect to that, or subsequent or similar breaches. Thefitnessfactory.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.
16. Providing Feedback
Thefitnessfactory.com encourages buyers on the Site to provide feedback on each other's conduct after a transaction has closed; as this helps all users know what it is like to deal with the said buyer. Your feedback will be displayed along with your user ID on the Site. You cannot retract the feedback once you have left it. Thefitnessfactory.com will not be responsible or liable in any way for the feedback that you post on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback in order to solicit sales outside of the Site and not to display contact information of any person within any feedback. If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of Thefitnessfactory.com under this User Agreement or at law, Thefitnessfactory.com reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site.
You acknowledge and agree that your feedback consists of comments left by other users with whom you transact and a composite feedback number compiled by Thefitnessfactory.com, and that together these convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the users, you agree that you shall not market or export your Thefitnessfactory.com feedback rating in any venue other than on the Site. Thefitnessfactory.com does not provide the technical ability to allow you to import feedback from other websites to the Site because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
17. Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of Thefitnessfactory.com under this User Agreement or at law or otherwise, Thefitnessfactory.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
18. No Warranty
Thefitnessfactory.com provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Thefitnessfactory.com makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Thefitnessfactory.com makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Thefitnessfactory.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
19. Limitation of Liabilities
To the extent permitted by law, Thefitnessfactory.com, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Thefitnessfactory.com has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Thefitnessfactory.com and Thefitnessfactory.com shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold Thefitnessfactory.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
21. Relationship and Notice
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Thefitnessfactory.com and you shall have no authority to bind Thefitnessfactory.com in any manner whatsoever.
Except as explicitly stated otherwise, any notices to Thefitnessfactory.com from you shall be given by you by email to Thefitnessfactory.com at legal@ Thefitnessfactory.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by Thefitnessfactory.com by return email. Any notices to you from Thefitnessfactory.com shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre which rules ("Rules") are deemed to be incorporated by reference into this clause.
23. Transfer of Rights and Obligations
You hereby grant Thefitnessfactory.com the right to, and irrevocably acknowledge and agree that Thefitnessfactory.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Thefitnessfactory.com agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Thefitnessfactory.com , transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Thefitnessfactory.com.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Thefitnessfactory.com with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
25. Governing Law
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.
FITNESS POINTS / TERMS AND CONDITIONS
Article 1 – Subject Matter
The Fitness Factory loyalty program (Fitness Points)is operated by DOCIB GENERAL TRADING LLC, a limited liability company incorporated and existing under the federal laws of the United Arab Emirates, and the local laws and regulations of the Emirate of Dubai, registered under trade license no. 758148, having its address at Dubai, United Arab Emirates. The Fitness points is available in participating on the www.thefitnessfactory.com in the United Arab Emirates. These terms and conditions relate to the membership, earning, redeeming and rules of The Fitness Factoryloyalty program.
Article 2 – Terms and conditions acceptance
The use of the Fitnesspoints signifies the unconditional acceptance of the following terms and conditions that the subscriber acknowledges having read and accepted at the time of The Fitness Factory ’s registration.
Article 3 – Membership
The Fitness points is free of charge for life and is immediately available upon request in www.thefitnessfactory.com for any person who is 18+ years of age. It is strictly one loyalty account per name with normal account (Both account number will be same). The Fitness points will be added in your normal account.
To join The Fitness Factory, the subscriber must be registered in the loyalty website www.thefitnessfactory.com or in store by completing the information of the Fitness Factory registration form. The registration is validated within 24 hours.
Article 4 – Earning
The Fitness points allows its customers to earn points: 0.1 point for every 1 Dirham spent and when making qualifying purchases at www.thefitnessfactory.com.
In order to collect points, Fitness Points must be used during checkout before payment or if the customer is using www.thefitnessfactory.com, the TFF normal account number must be entered once for all.
Article 5 – Redeeming
On the condition that the loyalty account is registered, when the customer accumulates 100Fitness points, he will automatically receive a 100 Dirham in your account at the checkout in store. This 100 Dirham can be used against the customer’s next purchase in www.thefitnessfactory.com for an amount greater or equal to 100 Dirham within the expiry date specified in the account.
In the case of technical problems receiving of the 100 Dirham in your account, thecustomer could also ask the customer service to provide it.
This 100 Dirham is non-refundable and cannot be exchanged for cash and no change will be given. Each 100 Dirham value is linked to the loyalty account which has received it and can’t be used by another loyalty account.
Article 6 – Loyalty account information
• at the customer service desk or by calling the customer call center.
• On each receipt: information on previous and new points balance, points earned, 100 Dirhams value redeemed and awaiting collection will be available.
• On his personal loyalty space at www.thefitnessfactory.com: information on previous and new points balance, points earned, 100 Dirhams value redeemed and awaiting collection, personal details given at the time of registration.
The customer can modify his personal details anytime via the following: - At the customer service desk or by calling the customer call center - On his personal space at www.thefitnessfactory .com
Article 7 – Claim and item refund
In case of a customer contesting missing points, 100 Dirham, points balance, the customer has seven days to formulate his claim to the customer call center.
In case of an item being refunded, the points earned thanks to this item will be deducted from the loyalty account. If the loyalty account does not have sufficient number of points to deduct from the account, the missing points number multiplied by the point value in Dirham (0.1 Dirham) will be deducted from the item refund.
8. Your Information
Article 9 – Removal
has breached these terms and conditions;
• has behaved fraudulently;
• has supplied false or misleading information to DOCIB GENERAL TRADING LLC; or In this case the customer will lose all the acquired benefits and any right of use.
If the Fitness points is not used during a continuous period of 12 months, DOCIB GENERAL TRADING LLC.will remove the fitness points and the customer will lose all the acquired benefits and will not be able to use his The Fitness Factoryloyalty points anymore.
If a customer wishes to close his The Fitness Factoryloyalty account, he could have written notification stipulating his demand, his name, last name, loyalty account number and signature to customer.
Article 10 – Responsibility
DOCIB GENERAL TRADING LLC. is exempted from any responsibility for any direct or indirect consequences linked to any malfunction; nevertheless, it will do the best to keep the customers acquired benefits.
DOCIB GENERAL TRADING LLC. is exempted from any responsibility for any direct or indirect consequences linked to any fraudulent use or non-accordance use with these terms and conditions.
Article 11 – Terms and conditions modification or cancellation
DOCIB GENERAL TRADING LLC. reserves the right to modify or cancel some or all of these terms and conditions.
Article 12- General
These terms and any disputes or claims arising out of, or in connection with, its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of the United Arab Emirates.