terms and condition

Terms & Conditions - FitFluencer

You are using a website operated by FitFluencer Corp. Referred to as “FitFluencer”, “FitFluencer App” or “we” in this agreement. By accessing or using the FitFluencer Software, the FitFluencer Service, or any applications (including mobile applications) made available by FitFluencer (together, the “Service”), however accessed, you agree to be bound by the following terms and conditions which consists of the following policies:

General Terms of Use
Acceptable Use
Privacy Policy > https://fitfluencerapp.com/privacy-policy
Cookie Policy

(and together, are the “Terms and Conditions”).

The Service is owned or controlled by FitFluencer. These Terms and Conditions affect your legal rights and obligations. If you do not agree to be bound by all of these Terms and Conditions, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms and Conditions. In those cases, the terms specific to the special feature shall apply to the extent there is a conflict with these Terms and Conditions.

Contact FitFluencer

If you have any questions regarding these Terms and Conditions, or if you have any questions, complaints, claims or other legal concerns relating to FitFluencer or its business, please contact info@fitfluencerapp.com.

Definitions

-“Account” – a registered user account with FitFluencer Corp.
- “FitFluencer” is the application owned and distributed by FitFluencer Corp.
– “FitFluencer Service” – FitFluencer provides the service of a platform where users can share content and ideas.
- “FitFluencer Software” – website www.FitFluencerApp.com
- “Content” means any data, text, files, information, usernames, images, graphics, photos, profiles, links and other content or materials.
– “Product” means any digital or physical fitness or related product purchased through the FitFluencer Software or FitFluencer applications.
- “Seller” – means the influencer you are purchasing from.
- "Software” means the FitFluencer application that a user can use on a supported mobile device in order to utilize the Services; the Software may be downloaded or accessed on the Internet.

General Terms of Use

You must create an Account in order to use the Service.
You must be at least 13 years old to use the Service.
You must use the FitFluencer Software and Service only in accordance with our Acceptable Use Policy.
You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, followers, username, or any Account rights. With the exception of people or businesses that are expressly authorized to create Accounts on behalf of their employers or clients, FitFluencer prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to FitFluencer upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other FitFluencer users.
You are responsible for keeping your password secret and secure.
Any links shared on FitFluencer are your responsibility and we take no responsibility for any third party links shared on the FitFluencer Software. If we find that any third party links you have posted do not comply with our Terms and Conditions, you will be removed from the Service.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service. If found doing so we would delete your account and report you to the relevant authorities.
You may not use the Service for any illegal or unauthorized purpose.
You are solely responsible for your conduct and Content that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or FitFluencer.

You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any FitFluencer users.

Rights & Ownership

FitFluencer does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to FitFluencer a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to our Privacy Policy.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms and Conditions; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction.
The Service contains Content owned or licensed by FitFluencer (“FitFluencer Content”). FitFluencer Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and FitFluencer, FitFluencer owns and retains all rights in the FitFluencer Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FitFluencer Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the FitFluencer Content.
The FitFluencer name and logo are trademarks of FitFluencer Corp., and may not be copied, imitated or used, in whole or in part, without the prior written permission of FitFluencer. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of FitFluencer, and may not be copied, imitated or used, in whole or in part, without prior written permission from FitFluencer.
You agree that FitFluencer is not responsible for, and does not endorse nor monitor, any third party Content posted within the Service. FitFluencer does not have any obligation to pre-screen, monitor, edit, or remove any third party Content. If your Content violates these Terms and Conditions, you may bear legal responsibility for that Content.

RETURNS

Refund and Returns Policy

This Refund and Returns Policy applies for all products purchased through checkout.

You acknowledge that FitFluencer provides a platform for users to purchase Products from a Seller, and that a sales contract is formed between you and a Seller only; FitFluencer is not part of that transaction.

If you purchase a Product from the FitFluencer checkout, you understand that:

you are not buying a Product directly from FitFluencer, but from the Seller;
you may contact FitFluencer directly about your purchase; and
delivery of a Product is handled by a third party;
On all digital content you will lose your 14 day right to cancel as you can instantly see the content upon purchase.

After making a purchase, you will be sent confirmation of the sales contract between the Seller and yourself via email promptly after the conclusion of the contract.

You acknowledge that Products purchased through the FitFluencer software are deemed to fall within the low value off-premises contract exemption to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

You may be requested to provide proof of purchase when requesting a refund.

If you have any questions, please email info@fitfluencerapp.com.

RETURNS FROM THE POSTAL SERVICE

If your order is returned to us due to non-delivery or incorrect address, it will be automatically canceled and refunded and you will need to create another order again. You will not be refunded for the postage as we have incurred the cost of sending you the order.

RETURNS BY CUSTOMER

Any returned parcels sent by the customer without acknowledgment from a member of the support team will not be returned/exchanged or refunded.

DIGITAL PRODUCTS

You acknowledge that the Seller is not obliged to provide a refund on digital Products (which includes all guides) purchased through the influencers website.

Once a confirmation of purchase has been received, you do not have a right to cancel the purchase and to request a refund..

Refunds for digital products shall only be given in the following limited circumstances:

If there was a technical issue and the content was never received by the buyer.
If the transaction was not a genuine transaction (e.g. card fraud etc)
If there was a duplicate order or payment due to a technical fault. Genuine multiple orders by the same person are not eligible for a refund.

PHYSICAL PRODUCTS

You acknowledge that the Seller is not obliged to provide a refund on physical Products purchased through the FitFluencer Software.

Refunds for physical Products shall only be given in the following circumstances:

If the item was ripped or broken which made it non-functioning.
If the transaction was not a genuine transaction (card fraud etc)
If there was a duplicate order or payment due to a technical fault. Genuine multiple orders by the same person are not eligible for a refund.

FAULTY PRODUCTS

If you have received a faulty product and it's within 10 days from purchase please send in a picture of the faulty product and we can exchange this but unfortunately, there will be no refunds.

Delivery of Products

The FitFluencer Software uses Shopify, Stripe and PayPal as third party payment providers. FitFluencer does not hold any payment details of users.

All Products purchased through the FitFluencer Software are delivered via USPS or another courier. All delivery information is listed on the website prior to purchase and a customer’s delivery information is listed in the confirmation email.

When your item is dispatched you will receive an email with information on how long the delivery will take and what service was used. If the delivery was tracked a tracking number and link will also be provided.

You also may receive a text message once your order is dispatched however this is dependent on you adding your phone number when completing your order and if your mobile carrier supports our service.

All delivery of products is handled by a third party company.

In Stock Items

At the time of purchase, you will be informed via email from FitFluencer regarding the anticipated dates of your delivery.

Pre-Order Items

For all pre-order sales (which shall be clearly marked as such), delivery dates are estimates only as the Product is still yet to be manufactured. You agree that you are purchasing a Product from the Seller which will only be delivered once it has been produced and that you will be notified via email when your Product has been dispatched.

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access the Service. This acceptable use policy applies to all users of, and visitors to, the Service.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which form part of our Terms and Conditions.

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our General Terms of Use.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
Not to abuse our staff through emails and social media. Any form of abuse will result in your account being blocked.

We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Content standard.

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the US and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trademark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.