Bellisima Fitness – Terms of Service. (Please review carefully).
Bellisima Fitness (“Bellisima” or “we”, “us”, “our”) delivers online health and fitness services and other related programs, products and services (the “Services”) through our Bellisima website (the “Site”) to individuals who use our Site and purchase our Services (the “Clients” or “You”). These Terms of Use govern your use of our Services and the Site.
A fulL copy of our Terms of service, are available at www.bellisimafitness.org
PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OUR SERVICES.
By clicking the “I accept” button or by using our Site or Services, you acknowledge that you are 18 years of age or older and that you have read, understand and agree to be bound by these Terms of Use, as amended from time-to-time, and our Privacy Policy.
If you are not willing to be bound by and comply with these Terms of Use, you should not access or otherwise use our Site or Services. Bellisima may modify these Terms of Use at any time, in our sole discretion, and such modifications shall be effective immediately upon the posting of the modified Terms of Use on our Site or your notification of such amendments. You agree to review these Terms of Use periodically and your continued use of our Site or Services shall be deemed conclusive acceptance of any modified Terms of Use.
Who Can Use Our Services
Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. Bellisima specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. Bellisima will not have any liability resulting from any use of our Site or Services by any Minor.
Our Services
Bellisima offers 3 categories of Fitness training and nutrition coaching services:
When you register for one of our Coaching Programs, you will receive a structured 4 months nutrition program, a training program, and be able to connect with your(“Coach”) to help make adjustments to your program and keep you on track. Your Coach will adjust your coaching Program experience based on the information that you provide to us.
Payment
You agree to pay, and authorize Bellisima third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our Services or purchase our products (such as E books). All fees are in US Dollars and are non-refundable except as required by law. Bellisima is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.
Content Rights and Ownership
All content provided or otherwise made available by Bellisima through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Bellisima. Content also includes any Content that Clients (including you) provide or make available through our Services and Site (“Client Content”).
Subject to your compliance with these Terms of Use, Bellisima hereby grants you a limited, non-exclusive, non-transferable, to download, view, copy and display the Content solely in connection with your permitted use of our Services and Site.
By making Client Content available through our Services and Site, you hereby grant Bellisima a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your Client Content in connection with operating and providing our Services, Site, and Content to you and other Clients.
You are solely responsible for all of your Client Content. You can remove your Client Content by specifically deleting it. However, in certain instances, some of your Client Content may not be completely removed and copies of your Client Content may continue to exist on the Services or the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Client Content.
Feedback
When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon the Feedback for any purpose.
General Prohibitions and Acceptable Usage
To foster a positive and welcoming community for our Services and on the Site, Bellisima has established the following rules of use. You agree you will not:
- Create multiple accounts under different names or emails, or re-register an account that was previously terminated by Bellisima;
- Post, upload, publish, submit or transmit any Content through our Services or the Site that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Post, upload, publish, submit, transmit, or communicate, in any manner or forum, content directly to and/or about Bellisima employees that: (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm; (iii) is violent or threatening or promotes violence or actions that are threatening or perceived to be threatening.
MEDICAL DISCLAIMER
OUR COACHES ARE NOT HEALTHCARE PROFESSIONALS. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT. We make no promises, assurances, warranties and/or representations that the Products (or any part of them) will treat, control or cure any particular disease, health problem or health related condition.
Bellisima provides the services for informational purposes only. Based on information that you request and/or provide to us, Bellisima provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice from our Coaches; and (iii) references to other resources. While Bellisima believes that the information provided through our Services and the Site is current and reliable, Bellisima cannot and does not make any such guarantee or warranty. The Materials and/or Products are not a substitute for the consultation, diagnosis and/or medical treatment provided by your doctor, healthcare provider, nutritionist or dietician.
You must not rely on the Materials and/or Products as an alternative to medical advice and we expressly disclaim all responsibility for, and shall have no liability for, any damage, loss, expense, injury or liability whatsoever suffered by you or any third party as a result of your reliance on any Materials and/or Products we provide to you.
If you have any specific questions or concerns about any medical matter, you should consult your doctor, healthcare provider, nutritionist or dietician as soon as possible.
If you think you may be suffering from any particular disease, health problem or health related condition (whether before, during or after the use of the Products) you should seek immediate medical attention from your doctor, healthcare provider, nutritionist or dietician. You acknowledge that you will not delay seeking or disregard medical advice or discontinue any medical treatment because of the Materials we provide to you or because you have purchased the Products.
YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.
Furthermore, Bellisima shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Bellisima shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and Bellisima disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Bellisima gross negligence or willful misconduct.
Assumption of Risk and Disclaimer
Bellisima PROVIDES, AND YOU ACKNOWLEDGE AND AGREE THAT Bellisima PROVIDES, THE SERVICES, THIS SITE AND ANY AND ALL MATERIALS RECEIVED BY YOU AS PART OF YOUR USE OF OUR SERVICES AND THIS SITE “AS IS” AND “WITHOUT WARRANTY” OF ANY NATURE OR KIND. Bellisima HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THIS SITE PROVIDED TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICE, THIS SITE, OR CONTENT WITH WHICH IT IS LINKED. Bellisima DOES NOT WARRANT THAT (I) YOUR USE OF THE SERVICES OR THIS SITE WILL BE UNINTERRUPTED OR SECURE, THAT IS WILL BE ALWAYS AVAILABLE OR ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR NEEDS, (II) ANY OR ALL DEFECTS OR ERRORS IN THE SERVICES OR THIS SITE WILL BE CORRECTED OR (III) THAT THE SERVICES OR THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE, CURRENT OR COMPLETE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SERVICE OR ACCESS THERETO AT ANY TIME WITHOUT NOTICE TO YOU. TO THE EXTENT YOU COMMUNICATION WITH CUSTOMER SERVICE OR A Bellisima REPRESENTATIVE THROUGH ANY SOURCES, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THESE TERMS OF USE AND THIS DISCLAIMER SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
FURTHER, USING THE SERVICES MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE DIET OR LIFESTYLE CHANGE TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS.
IN CONSIDERATION OF YOUR USE OF THE SERVICES, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THE RISKS AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Bellisima AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER REASONABLE FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION (AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THESE TERMS OF USE; (II) YOUR USE OF THE SERVICE, YOUR ACCOUNT(S), YOUR CLIENT CONTENT; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS, INCLUDING, WITHOUT LIMITATION, FOR PERSONAL, BODILY, OR MENTAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, ECONOMIC LOSS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM OR ANY DAMAGE TO YOU, YOUR SPOUSE, UNBORN CHILD, OR OTHER THIRD PARTIES RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF PRECISION OR ANYONE ON PRECISION’S BEHALF.
Limitation of Liability
IN NO EVENT SHALL Bellisima, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE: (I) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THIS SITE, THE SERVICES MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN THE SERVICES, EVEN IF PRECISION OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.
Violation of the Terms of Use
In addition to any other rights and remedies available to Bellisima, we reserve the right to terminate or suspend any Client’s right to access or use our Services or the Site, without notice, if we believe, in our sole discretion, that such Client has violated these Terms of Use.
Termination
You may cancel your account at any time by emailing us at bellisimafitness@gmail.com. In the event that you cancel your account, Bellisima shall not be required to provide you with a refund or other compensation.
In the event of your default under these Terms of Use, Bellisima reserves the right to terminate or suspend your account or use of the Services at any time. In such event, Bellisima shall not be required to provide you a refund or other compensation.
Upon termination, discontinuation or cancellation of our Services or your account, all provisions of these Terms of Use which should survive will survive, including, without limitation: content rights and ownership provisions, warranty and professional/medical services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.
Links to Third Party Websites
Our Services may contain links to third-party websites or other resources, but these links and sites do not form part of our Services. We provide these links only as a convenience to you and are not responsible for the content, products or services available from those websites or resources or links displayed on such sires. We do not endorse or control any information accessed on or from any third-party website and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. Please make sure to review the applicable agreements and policies when visiting any third-party websites, including different policies with respect to the use, collection and disclosure of your Personal Information.
Internet Service Provider Charges and Other Charges
You are responsible for all mobile, cable or other internet service provider charges incurred by you for connecting to the Services or the Site, and Bellisima assumes no responsibility or liability for any such charges, including, but not limited to, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Site. Any dispute or problems regarding telephone or internet provider services are strictly between you and your service provider. You are responsible for all charges incurred by you for text you receive and Precision assumes no responsibility or liability for any such charges.
General Provisions
The Terms of Use, accepted upon first accessing the Services and the Site, including all policies, terms and conditions or other documents and agreements you may accept incorporated by reference, constitutes the entire agreement between you and Bellisima regarding the use of our Services and the Site. Any and all other written or oral agreements or understandings previously existing between you and Bellisima with respect to use of our Services and Site are hereby superseded and cancelled.
If any provision of the Terms of Use is found unlawful, void or unenforceable, then such provision shall be deemed severable from the rest of the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Our Communication with You
Subject to providing your express consent evidence by checking the box and option during the registration process for our Services or on our Site, you consent to receive (via email or through the Services or Site) communications from us regarding the use of the Services and the Site, and authorize us to send you other communications, newsletters or offers regarding third-party products and services. If you do not opt-in to receive the communications described in this section, the remainder of the Terms of Use will continue to apply to you and your use of the Services and the Site.
Contact Us
If you have any questions about these Terms of Service, our Services, or our Site please email us at bellisimafitness@gmail.com, or mail us at:
1 KM 6 Old Enugu/Onitsha RD
Etiti – Ngwo
Enugu -Nigeria
Last updated -January, 2018