Update date: 31 July 2023
These terms and conditions govern the contractual relationship between the users, hereinafter referred to as "The User" or "The Users", who engage with the services offered on the website fitzone.club, owned by the entity Sabirah Colorful Group LLC, with Spanish tax identification number 87-3325039, and having its registered address at 9597 Jones Rd #308 Houston, Texas 77065 US, hereinafter referred to as "The Company."
By accepting these terms and conditions, the User enters into a legally binding contract with the Company. The User confirms that they possess the necessary legal capacity to enter into such a contract according to the legislation of their country of residence.
I. By accepting this contract, the User agrees that the Entity will provide the services selected by the User from the range of options available on fitzone.club. The User will be required to pay the specified price for the service plan they choose to contract.
II. The Website reserves the right to determine the assortment of service plans offered, and it may modify the availability of these plans at its discretion and without prior notice.
I. The Company offers a limited, non-exclusive, and non-transferable right of access to the digital content included in the contracted service plans. To access the service, the User must have internet access and a compatible device. The quality of content viewing may vary based on factors like device type, location, bandwidth, and internet speed.
II. Digital content plans (videos, games, etc.) are subject to the prices and durations specified in the active plans during the contracting process. These plans will renew automatically unless the User requests cancellation with free-cancellation-period.days days' notice via their personal account or by contacting customer service. After the cancellation, The content will remain accessible until the conclusion of the billing period.
III. Users have the flexibility to switch to a lower or higher content plan at any time from their personal account, effective from the next automatic payment charge. If the full price of the membership plan is not paid on the due date, the User will be downgraded to the immediately lower content plan, with access to the basic plan available at $6.95.
IV. In case of any issues related to email provider or server affecting content access, the User can seek assistance from customer service. The Website offers initial test periods for various content access plans, and Users must cancel before the test period ends to avoid future charges.
V. Temporary free or reduced-price content access plans may be offered as welcome gifts, subject to the terms displayed on the Website and in marketing offers. Specific conditions from third-party marketing offers may differ from those stated here and on the Website.
I. The prices of the services are clearly stated on the Website or in relevant marketing offers at the time of order or membership confirmation. The User is informed that prices may slightly vary due to currency conversion, and the Company is not responsible for such fluctuations.
II. The User grants authorization for the membership fee of the next billing period to be charged to the agreed payment method.
III. If the Company encounters any difficulties in collecting payment (due to reasons like expired payment method or insufficient funds), access to the service will be suspended until the outstanding amount is collected through a valid payment method.
IV. The Company reserves the right to modify the prices of the services offered at any time. Users with a digital content access plan will be adequately notified before any price change takes effect, allowing them to cancel their membership if desired.
V. The prices displayed in the service plans include, when applicable, the Value Added Tax or equivalent indirect tax based on the country of consumption.
VI. Users agree to receive electronic invoices for payments made.
I. Payments made for the contracting of digital content access plans will not be eligible for refunds once the User gains access to the contracted digital content. The User explicitly acknowledges that they forfeit their right to withdraw from the contract from the moment they can access the digital content. No refunds will be issued for partial membership periods or unused content.
II. The User has the right to exercise their data protection rights in accordance with the applicable regulations of their country of residence.
III. Specifically, Users residing in member states of the European Union may exercise their rights of access, rectification, deletion, opposition, limitation to processing, and portability, as stipulated by the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data) and its implementing regulations.
IV. For U.S. citizens and permanent residents of the United States, they may exercise their rights in accordance with the relevant favorable laws applicable in their state and jurisdiction.
V. To verify the identity of the User, the Company may request the User to provide a proof of identity along with their request.
I. The Company shall not be held liable for any changes in prices or taxes applicable to the service offered. The Company also disclaims responsibility in cases of defaults by third parties, force majeure events, or where the User has provided incorrect contact details.
II. The User is advised to diligently check their email inbox to ensure they receive all communications from the Website and prevent them from being mistakenly marked as spam.
III. The Website may contain hyperlinks to third-party web pages. However, the Company is not responsible for the content of such pages, as they are beyond its control.
IV. The Company conducts promotional and marketing activities both directly and through third parties. However, the Company assumes no responsibility for such activities carried out by third parties if they do not align with the guidelines and instructions provided by the Company, or if the Company is unaware of such operations conducted by third parties.
I. The User acknowledges that the contents available on fitzone.club are protected by intellectual property rights and are owned by their respective owners. By accessing the digital content, the User expressly accepts that they do not acquire any ownership rights over it. The User agrees to use the content solely for personal and non-commercial purposes. Any actions such as archiving, reproduction, distribution, modification, display, presentation, publication, or sale of the accessed content on fitzone.club are strictly prohibited.
I. The User acknowledges that the Company reserves the right to temporarily suspend their user account and/or cancel orders if it detects any activity that it deems fraudulent or abusive.
II. In the event of transactions suspected of being abusive or fraudulent, the Company will refund the amount to the original payment method used by the User.
III. If the User detects any fraudulent or abusive activity in their account, they can contact the customer service of the Website for investigation and resolution.
IV. To maintain fairness and prevent abuse, the Website limits the creation of user accounts to one per person and two per IP address. The Company reserves the right to monitor and control any attempt to establish multiple accounts. Repeated violations of this policy may result in the termination of all associated user accounts.
I. By accepting our Terms and Conditions, the User expressly agrees to receive automatic notifications via SMS and/or email concerning their orders, personal preferences, and other activities related to the services offered by the Website. These notifications will be sent to keep the User informed and ensure a smooth and efficient experience with the services. The User can manage their notification preferences at any time by accessing their user account settings or by contacting our customer service team [email protected].
I. The Company disclaims liability for any service delivery failures, delays, or errors resulting from the User's provision of incorrect data or failure to maintain up-to-date information. The User bears the responsibility to ensure the accuracy and currency of their provided information to facilitate a seamless and efficient service experience.
II. The Entity retains the right to modify these terms and conditions and any existing policies on the Website at its discretion and at any time.
III. The User will be bound by the terms and conditions, policies, or conditions of sale that were in effect at the time of their order placement unless any changes are required due to applicable legal requirements or at the request of public authorities.
IV. If any of the conditions, terms, and/or policies are deemed invalid, void, or unenforceable for any reason, such condition shall be deemed excluded without affecting the validity or enforceability of the remaining provisions.
I. The Entity retains the right to transfer the rights and obligations arising from its contractual relationship with the User to a natural or legal person of its choice. In such a case, the assigned party shall assume all the rights and obligations derived from the contract. The Entity is obliged to communicate this transfer to the User.
II. The User is not permitted to transfer or assign the contract or any of the rights or obligations derived from it to any other party without obtaining the prior written consent of the Company.
I. These terms and conditions shall be governed and interpreted in accordance with the laws of the jurisdiction where the Entity is registered.
II. In case of any conflict related to the application or interpretation of these terms and conditions, the Judges and Courts located in the jurisdiction of the Entity's registered address shall have competent jurisdiction to resolve such matters.
III. If the User is considered a consumer and resides in one of the Member States of the European Union, they may also choose to apply the jurisdiction of their country of residence and any mandatory provisions of the legislation of their country of residence to resolve any disputes that may arise.
IV. If the User has consumer status and resides in the United States, they may choose to apply the jurisdiction of their State of residence and any mandatory rules of the law of their State of residence in case of any disputes related to these terms and conditions.
V. In the event of any dispute arising concerning the compliance with these terms and conditions, both parties agree to engage in good-faith efforts to reach an amicable agreement before resorting to any other means of dispute resolution. This approach is aimed at promoting fair and equitable resolutions to any issues that may arise during the contractual relationship between the User and the Company.