These terms of use of service (“Terms”) along with the privacy policy (“Privacy Policy”) together constitute a legally binding agreement (“Agreement”) between YOLOfit Wellbeing Trading LLC situated in State of Qatar (“YOLOfit” or “Us” or “We”) having CR number 175155 and the End User (“you” or “User” or “Buyer”) for using the Website and/or Mobile app on apple store or android store (defined hereinafter as “Platform” or “Services”). If you have any questions regarding the Terms, you may contact Us at +974-33855325 or e-mail at info@YOLOfit.io , or reach out to our Grievance Officer.
- For the purposes of this Agreement, all the defined and captioned terms have such meaning as assigned to them herein below:
- “Buyers” shall mean Users who or which use Services or Products to purchase fitness products and services through the Website/mobile application.
- “Products” shall mean offering Partner Services, YOLOfit Pass, Pay Per Session and other vouchers through its mobile app and Website.
- “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
- “Privacy Policy” shall means the privacy policy of YOLOfit with respect to treatment of Users’ information as provided here.
- “Sellers or Partners” shall mean individuals and organizations who or which display, market and sell their fitness products and services through the Website and/or mobile app, but excludes YOLOfit.
- “Services” shall mean services provided by YOLOfit, including provision of Website to Users, information about sellers, providing means to access them, sale of memberships and subscriptions and display, marketing and/or sale of fitness product and services by YOLOfit through the Website and or Mobile App and other services provided through the Website to promote fitness
- “Terms” shall mean these terms and conditions of use and service which form a part of the Agreement governing Users’ relationship inter se and with YOLOfit.
- “Users” shall mean any Person who or which uses the Services and Products, including Buyers and Persons who or which access the Website, mobile application or any Content displayed thereof.
- “Website or mobile app” shall mean the online mobile platform or www.YOLOfit.io as provided by YOLOfit to provide Services and Products, including facilitating display, marketing and sale of fitness products and services and information fitness and healthy lifestyle.
- Any capitalized terms not defined above in Clause 1.1 will have such meaning as assigned to them under the respective Clauses of the Agreement.
1. Definitions:
2 . Combined Terms:
For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Services. By accessing or using the Platforms, you agree to comply with and be bound by the following:
- These YOLOfit Terms & Conditions ("Terms & Conditions"); and
- The YOLOfit Data Privacy Policy (the "Privacy Policy").
(hereinafter collectively referred to as the "Combined YOLOfit Terms").
2.1 . Updates to these Terms & Conditions:
YOLOfit reserve the right to update, change or replace any part of these “Combined YOLOfit Terms” by posting updates and/or changes to our website. Users, viewers are advisable to check these combined YOLOfit Terms time to time. Any new features or tools which are added to the current release shall also be subject to the Combined YOLOfit Terms. Any new version of these Combined YOLOfit Terms shall take effect and will govern the use of the Platforms and your relationship with us immediately upon the date of posting. Your continued usage/access to the Platforms following the posting of any changes constitutes acceptance of those changes.
3 . Representation
By accepting the “Combined YOLOfit Terms”, you represent and warrant the following:
- You are eighteen (18) years of age or older;
- You are capable of entering into a legally binding agreement;
- You are not barred or otherwise legally prohibited from accessing or using the Platforms under the laws of the State of Qatar or any part of the world ; and
- Your Account (as defined below) may be terminated without warning if we at our discretion, believe that you are under the age of eighteen (18) or that you are not complying with any Applicable Laws, rules or regulations. Further, if you are not of the authorized age and you access the Platform, please be aware that it shall be assumed that your usage was authorized by such person, who is your parent or guardian and that such person has supervised your usage.
3.1 . USERS’ ELIGIBILITY AND APPROVAL
- Users understand that YOLOfit does not want the Users to access the Services and Products if Users do not understand, approve of or accept each and every term specified in this Agreement. Hence, Users are requested to read these Terms and Privacy Policy carefully and understand the Agreement before approving, accepting and agreeing to be bound by it.
- A User may accept this Agreement only when:
- if such User is a natural person of the legal age, eligibility and mental capability to form a binding contract; or
- if such User is not a legal person, is lawfully existing and has all the authorizations, permits and allowances to enter into this Agreement and form a binding contract; and
- such User is not legally barred or restricted from using any of the Services or Products.
- Users approve of and accept this Agreement by accessing any of the Services or Products offered by YOLOfit, including by simply accessing and booking any services through YOLOfit Website,YOLOfit Mobile App or any Content thereof.
- In order to use Services or Products, a Person will require accessing the Website through internet in such form and manner as provided by YOLOfit. YOLOfit may update the Website and mobile app from time to time in order to ensure a better User experience and consequently may temporarily cut or restrict Users’ access to the Website, Mobile platform or to the Services and Products.
- User acknowledges and agrees that access to Product and Services is facilitated through Seller,partner(s) and YOLOfit does not have any control over the services, operations or management of the fitness centres, academies listed under the Products and Services and YOLOfit hereby disclaims any and all liability arising out of User’s use of the Services or Products.
- Users shall use the Services and Products only for such purposes as is permitted:
- by this Agreement;
- if User is a natural person, by any law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is a resident or from where User accesses the Services or Products; and
- if User is a Person other than a natural person, by any law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principle office or from where User accesses the Services or Products.
- While most parts of the Services are available to Users free of cost, certain parts of Services may be provided to the Users at a cost. The Products are available to the User on payment of a fee to YOLOfit on the Website and Mobile App. YOLOfit reserves that right to amend these Terms and impose a cost on free parts of Services in future. YOLOfit will use its reasonable efforts to give Users a prior intimation as and when any part of free Service becomes a paid Service. If, after being so intimated, any User access paid parts of Services, cost for such paid Services shall become due and payable by such User to YOLOfit and YOLOfit shall have the right to recover the cost of provision of such paid Service to the User, from the User.
- Users agree and acknowledge that with respect to any content that may be created, accessed or uploaded by another User or Seller on the Website and/or mobile platform through the Services or Products, including any comments and feedbacks on the fitness product and services by the Users and/or fitness blogs posted by the Users (“Content”), Users shall be bound by specific roles and obligations detailed in Section 7 of these Terms, in addition to other obligations contained elsewhere in the Agreement.
- YOLOfit guarantees the lowest/best price for booking of any services of our partner gyms/studios/Academies on YOLOfit. Should you find a lower price for the same service on any other platform online/offline, YOLOfit will match it and give 2X the difference up to QAR 100.
- Users who or which have registered for accessing Registrable Services /Products shall be provided access to an online account on the Website/mobile platform through which such Users may access the Registrable Services /Products. It shall be the sole responsibility of the Users to maintain the privacy and confidentiality their access details (user id, password etc.) with respect to Registrable Services/Products. Any access to or use of Registrable Services/Products from the registered account of a User shall be construed as access to or use of such Registrable Services/Products by such registered User.
- Services and Products provided to Users by YOLOfit are subject to Users’ acceptance and approval of this Agreement. YOLOfit reserves the right to modify, at any time, the nature of Services or Products or any part of Services or Products and the terms of this Agreement. Users are requested to regularly visit and review these Terms and Privacy Policy, as may be updated from time to time.
- The purpose of provision of Services is to facilitate an online marketplace for the Buyers and Sellers for display, marketing and/or sale of fitness related services and products. The Website is also engaged in various activities for promoting a healthy lifestyle, including providing fitness and lifestyle related blogs, expert approvals of fitness blogs, listing of nearest fitness centres etc.
- The purpose of provision of Products is to offer YOLOfit Pass, Pay Per Session and other vouchers through its mobile app and website.
- The Services and Products may be availed by the Users by:
- booking trials and appointments through the Website or Mobile app for fitness related services;
- purchasing a membership offered by partner on the platform;
- purchasing Products including memberships offered by YOLOfit on the Website and Mobile app;
- placing an order through the Website or mobile app for delivery of a fitness related product;
- accessing (either though itself or through another Person) the Website, mobile app or any Content thereof; or
- simply surfing and/or browsing the Website and mobile app.
- In order to provide certain parts of Services or Products to the Users YOLOfit may require the Users to register on the Website or mobile app by providing certain information (“Registrable Services/Products”). Users agree and understand that Registrable Services/Products shall not be provided by YOLOfit to a User unless such User registers on the Website or mobile platform in the form and manner required by YOLOfit.
- Users agree and acknowledge that provision of Registrable Services/Products is depended on the information provided by a User to access such Registrable Services/Products and ensure that all such information provided by the User to YOLOfit in order to access the Registrable Services/Products shall always be true, accurate, complete and updated.
- The Website or mobile app may include links to other online platforms which may contain materials that are objectionable, unlawful, or inaccurate. YOLOfit does not endorse or support these links or the products and services they provide; these links are provided for Users’ convenience only. YOLOfit is not responsible or liable for the content or accuracy of such links.
- Subject to applicable law, YOLOfit may stop provision of Services or Products (or any part of Services or Products), permanently or temporarily, to a User or to Users generally or may modify or change the nature of Services or Products and/or these Terms at its sole discretion, without any prior notice to the Users. Use of Services or Products by a Person following any such modification constitutes such Person’s deemed acceptance to be bound by this Agreement (or as it may be modified).
- Users will not use the Services and Products or any Content for any purpose that is illegal, unlawful or prohibited by this Agreement.
- Users will not access (or attempt to access) the Services or Products or Content provided through the Services or Products by any means other than in the form and manner provided by YOLOfit, unless such User has been specifically allowed to do so in a separate written agreement with YOLOfit.
- Users will not circumvent or disable any digital rights management, usage rules, or other security features of the Website; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website; and not use Services or Products in any manner that threatens or is likely to threaten the integrity, performance or availability of Services and Products.
- Users will not attempt to or engage in any activity that may:
- reverse engineer, decompile or otherwise extract the source code(s) related to the Services or Products or any part thereof, unless it is expressly permitted by YOLOfit in writing or is required by applicable law;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to any content which is in violation of the provisions of the Law No. 11 of 2004 i.e. the Qatar Penal Code;
- use any robot, spider, retrieval application, or other device to retrieve or index any portion of Services or Products or Content;
- collect information about other Users in any illegal or unlawful manner for any illegal or unlawful purpose;
- defame, abuse, harass, threaten or otherwise violate the legal rights of other Users;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword, or conduct or forward surveys, contests, pyramid schemes or chain letters, or upload any content which belongs to another person over which You do not have any right;
- upload any other content which is non-complaint with rules, guidelines and regulations made thereunder, including Qatar Information and Communication rules.
- harm, harass minors in any way;
- download any file posted by another User of a service that You know, or reasonably should know, cannot be legally distributed in such manner;
- register on the Website to access Registrable Services /Products or create any online accounts by automated means or under false or fraudulent pretences for using the Services and Products;
- transmit any viruses, worms, defects, trojan, or any items of a destructive nature through Services and Products or engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- use Services or Products in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Services or Products, or interfere with any other third party's access to and enjoyment of Services and Products;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Website or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to Services or Products or any part of Services or Products or any User;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website; or
- obtain any materials or information through any means not intentionally made available, in the opinion of YOLOfit, through Services or Products.
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any applicable laws or regulations for the time being in force within or outside Qatar; or
- Violate the Terms or the Privacy Policy.
- Users agree and undertake not to impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent its own affiliation with any Person, including, but not limited to YOLOfit, YOLOfit’s officials, employees, agents, partners, affiliates, dealers and/or franchisees.
4 . USE OF SERVICES AND PRODUCTS
5 . PROVISION OF THE SERVICES AND THE PRODUCTS
6 . RESTRICTION ON USE OF SERVICES
6.1 . Unauthorized use of the Account:
- You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account. You shall notify YOLOfit immediately in case of any breach of security or any unauthorized use of your Account. You as user acknowledge and agree that user is solely responsible for safeguarding account security. Similarly, you shall never use another's Account without prior consent from that user and YOLOfit. You agree that you will not misrepresent yourself or represent yourself as another User of the Platform. You hereby expressly acknowledge and agree that you will be liable for any losses, damages (whether direct or indirect) caused to you, YOLOfit or any others as a result of unauthorized use of your Account.
7 . Medical Waiver
User have acknowledges and agrees that, using YOLOfit website or Mobile Platform user may enrol in different fitness, Sports, Skill development program may include, but are not limited to Gym Workout, Zumba, Yoga, Pilates, Crossfit, HIIT, Football, Cricket, Tennis, Dance, Kick-Boxing, Cycling, offered by YOLOfit, partners, sponsors. User recognize that these program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various physical activities. user hereby affirm that user is in good physical condition and do not suffer from any known disability or condition which would prevent or limit user`s participation in any of services or programs. user acknowledge that enrolment and subsequent participation in purely voluntary and in no way mandated by YOLOfit, Partners, vendors, agents or sponsors.
In consideration of user`s participation in these said programs. User hereby release YOLOfit, Partners, Vendors and its employees and agents from any claims, demands, and causes of action as a result of user`s voluntary participation and enrollment. User fully understand that user may injure him or her self as a result of my enrollment and subsequent participation in this program and user hereby release YOLOfit, Partners, Vendors and its employee and agents from any liability now or in the future for conditions that user may obtain. These conditions may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness that I may incur, including death.
INTELLECTUAL PROPERTY RIGHTS AND DATA OWNERSHIP
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- Use of Services or Products shall, at all times, be governed by and subject to the applicable laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property and Users agree to abide by such laws. A User shall solely be responsible for any violation of any law or for any infringement of any intellectual property rights caused by such User’s use of Services, Products or content.
- When a User uploads, submits, stores or sends any Content to or through the Services or Products, such User grants the Content License to YOLOfit including, YOLOfit’s employees, partners, agents, consultants (as the case may be) to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat and distribute such Content. The rights Users grant in this license are for the limited purpose of operating, promoting, and improving Services and Products, and to develop new services and products. This license shall continue to operate even if a User stops using Services or Products or terminates this Agreement.
- Unless specified to the contrary and subject to applicable law, ownership of all intangible and/or intellectual property developed or existing (including any data generated as a result of Services or Products) shall ab initio rest with YOLOfit. Nothing in these Terms shall be construed as granting of any implied licenses by YOLOfit and all rights not expressly granted to a User are reserved solely by YOLOfit unless specified otherwise.
- Notwithstanding anything else contained herein and subject to applicable law, ownership of any data generated pursuant to YOLOfit’s engagement with Users and/or provision of Services or Products shall rest solely with YOLOfit and YOLOfit may use such data for any purpose in accordance with its Privacy Policy.
- YOLOfit respects the intellectual property rights of Persons and does not hold any responsibility for any violations of any intellectual property rights by Users.
PRIVACY
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- Privacy Policy explains how YOLOfit treats Users’ data and protects Users’ privacy when Users use the Services and Products. By using the Services or Products, Users agree that YOLOfit can use such User generated data according to Privacy Policy.
- Users are responsible for maintaining the confidentiality of passwords associated with any device or online accounts that Users use to access Services or Products. Accordingly, a User is solely responsible for all activities that occur with use of such Users’ online account or device. If a User becomes aware of any unauthorized use of its online account of device, such User will immediately notify the relevant authorities of the same.
