Terms & Conditions
Agreement between User and www.armedxfit.com
Welcome to www.armedxfit.com. The www.armedxfit.com website (the “website”) is comprised of various web pages operated by Armed x Fit Coaching (the “Operator”). The website is offered to you, website users/visitors, clients (the “you”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.armedxfit.com is an E-Commerce Site.
The website is intended to inform about and offer the Operator’s services and goods to the user.
The Operator
Armed x Fit Coaching
Amsterdam, Netherlands
E-Mail: info@armedxfit.com
Chamber of Commerce: 80235433
Tax ID: NL003410749B49
Privacy
Your use of the website is subject to the Operator’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.
Electronic Communications
Visiting the website or sending emails to the Operator constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
You Account
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Operator is not responsible for third party access to your account that results from theft or misappropriation of your account. The Operator and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children under Thirteen
The Operator does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the website only with permission of a parent or guardian.
Cancellation/Refund Policy
Armed x Fit Coaching does not offer returns or refunds, all sales are final. You agree that any purchased service or good is non-refundable, irrespective of being used or not. Further, you agree that any purchased service will expire and hence lose its utility following a duration period of 3 months after the start date, which will be specified in the invoice. However, exceptions may apply at the Operator’s discretion.
For subscriptions, the start date is defined as the day the service was purchased. You may cancel your subscription at any time by sending an email to info@armedxfit.com. When cancelling your subscription, you agree that services will continue until the end of the last day of the current payment period and no additional charges will be made. If not canceled, services will extend automatically and fees need to be paid prior to the 1st of each month.
Links to Third Party Sites/Third Party Services
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Operator and the Operator is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Operator is providing these links to you only as a convenience, and in the inclusion of any links does not imply endorsement by the Operator of the site or any association with its operators.
Certain services made available via the Website are delivered by third party sites and organizations. By using any product, service or functionality originating from the Website domain, you hereby acknowledge and consent that the Operator may share such information and data with any third party with whom the Operator has a contractual relationship to provide the requested product, service or functionality on behalf of the Website users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms. As a condition of your use of the Website, you warrant to The Operator that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.
All content included as part of the Service, such as text, graphics, logos, images, videos, audios, ebooks, documents, as well as the compilation thereof, and any software used on the Website, is the property of the Operator or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not distribute, forward, change, edit, alter, publish, display, reproduce modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website and/or received while obtaining services from the Operator, in any manner or by any means for commercial unlawful use. The Operators content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will note delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Operator and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Operator or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by the Operator from our offices within the Netherlands. If you access the Service from a location outside the Netherlands, you are responsible for compliance with all local laws. You agree that you will not use the Operator’s content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless the Operator, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or service, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Operator reserves the right, at its own cost, to assume the exclusive defense and control of any manner otherwise subject to indemnification by you, in which event you will fully cooperate with the Operator in asserting any available defenses.
Liability Disclaimer
The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Operator and/or its suppliers may make improvements and/or changes in the site at any time.
The Operator and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind. The Operator and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall The Operator and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if the Operator or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the site or with any of these Terms, your sole and exclusive remedy is to discontinue using the site.
You are hereby advised to consult a registered health professional to ensure you can physically tolerate the services provided by the Operator prior to starting its usage. The Operator will do his upmost to ensure that all of his services are delivered in line with reasonable health and safety standards through precautive measures. If you decide to participate in any service associated with the Operator without your physician’s permission, you hereby assume all responsibility for your participation in these. You hereby acknowledge that you understand that any fitness-related advice given by the Operator is not for medical necessity or a mandatory prescription, and hence not intended for management or treatment of any health condition or disorder, but for educational purposes and hence does not include any medical advice. You waive the right to take legal action against the Operator by agreeing to these terms.
You hereby acknowledge that exercise (including but not limited to: strength, aerobic and flexibility exercise with and without use of exercise equipment) and alterations in diet may be associated with adverse effects and risks on health, such as injury and even death. With knowledge of those dangers involved, you are voluntarily participating in these activities and agree to accept any and all risks or injury or death in relation to those mentioned fitness activities. You hereby waive, release and forever discharge and hereby hold harmless the Operator from any and all cost and expenses, responsibility, liability including damage or injuries, whether foreseeable or not, that are connected to your participation in any services involving, but not limited to exercise, nutrition, your personal health, your use of any information or materials, designed or provided by the Operator. You also hereby release the Operator from any responsibility or liability for any adverse health effects, injuries, damages or disorders to yourself, whether foreseeable or not, from all activities associated with the Operator and any information provided by the Operator.
You agree that your results are your own responsibility and not guaranteed by purchasing and/or participating in any products, programs, coachings or training. Hence, you waive liability of the Operator for any of your outcome results or a lack thereof.
Termination/Access Restriction
The Operator reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Netherlands and you hereby consent to the exclusive jurisdiction and venue of courts in the Netherlands in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Operator as a result of this agreement or use of the Website. The Operator’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Operator’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Operator with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Operator with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Operator with respect to the site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Operator reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Operator encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
The Operator welcomes your questions or comments regarding the Terms. Please email: info@armedxfit.com
Effective as of 11.02.2021