Please read these Terms and Conditions carefully. You must agree to these terms before you are permitted to purchase or use any products or programs whether on a website hosted by Monika Anna Fitness or a third-party website (collectively “the Program” or “the Programs”).
1.1 The term ‘www.monikaannafit.com’ or ‘Monika Anna Fitness’ or ‘us’ or ‘we’ or ‘our’ or ‘seller’ refers to the owner of the website. The terms ‘you’ or ‘customer’ or ‘consumer’ or ‘client’ refers to the user or viewer of our website.
1.2 The Programs sold by us are intended and only suitable for individuals aged 18 and above. Some of the content in the Programs may not be appropriate for children. Minors are not permitted to use the Program. We hereby disclaim all liability for use by individuals under the age of 18.
2.1 The launch of the service (conclusion of the contract) takes place at the moment when you receive access to the members area on the website or a third-party websites.
2.2 After purchasing the program you will receive online access to the Program and Program materials. By enrolling, you agree to pay a one-time Enrolment Fee of $97.00 (or offer shown to you) by credit or debit card. Beginning on your date of sign-up and payment, you will receive access to the Program and its online materials for time determined by us. We reserve the right to change the length of time of access given to you at any time.
- Payment and Refunds
3.1 You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to us, without any additional authorization, for which you will receive an electronic receipt. You also agree that we are authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
3.2 Because of the extensive time, effort, preparation and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final and no refunds will be provided.
3.3 We reserve the right to withdraw from the order if the given price of the Program is incorrect due to the incorrect operation of the IT system. We also reserve the right to change the prices of services on offer and to carry out and cancel all types of promotional campaigns.
3.3 You are not entitled to withdraw from the agreement or request a refund once the service is provided (i.e. being allowed access to the members area of the website or a third-party websites). Once the service is provided, you will lose the right to withdraw from the contract, to which you agree by making a purchase.
3.4 Since we have a clear and explicit Refund Policy in these terms and conditions that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
3.5 No refunds. All deposits and payments are non-refundable.
- Ownership of the Content
4.1 You acknowledge that we own, or have permission to use, all copyrights, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during this agreement. We hereby grant you permission to use these materials for the purposes of this agreement only. You agree not to copy, share, sell, or distribute any of these materials.
4.2 The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through our website or any third-party website we may use to distribute or host the Program, and contained in e-mails sent to you by us, as well as the look and feel of all of the content is our property and/or the property of our affiliates or licensors, unless otherwise noted, and it is protected by copyright and other intellectual property laws.
4.3 If you view, purchase or access any Program or any of the content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Program and content for your own personal purposes only. You may not republish, reproduce, duplicate, copy, sell, display, distribute to friends or family, or otherwise use any material from the Program or content for commercial purposes or in any way that earns you money (other than by applying them generally in your own life). By downloading, printing, or otherwise using the Program or content for personal use you in no way assume any ownership rights of the content – it is still our property. Any reproduction or unauthorized use of any materials found in the Program or content shall constitute infringement.
4.5 All rights not expressly granted in these terms or any express written license, are reserved by us.
4.6 Your use of any materials found in the Program or content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any legal or equitable remedies we may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
- Data submitted by you
5.1 By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs and content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
5.2 You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by us during the Program that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us or created by us in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
5.3 You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or us, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our content at any time for any reason.
This means you give us permission to use anything you submit or post in the Program or any third-party forum or website operated by us, or anything captured by us during your participation in the Program, including images in which your face is visible and recognizable.
- Your Conduct in the Program
6.1 Please choose carefully the materials that you upload to, submit to, or embed on any website operated by us and any third-party forums operated by us. Any material you post on our website or in any third-party websites or forums operated by us may become public. You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on our website and any third-party websites and forums operated by us, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
6.2 We may delete or modify, in whole or part, any post, comment or submission to our and any third-party websites or forums operated by us. We do not, however, have any obligation to monitor posts, comments, or material submitted by third parties. We neither endorse nor make any representations as to the truthfulness or validity of any third-party posts, comments, or material on our website or any third-party websites or forums operated by us. We shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials.
6.3 You are strictly forbidden from the following:
• Causing damage to our website or third-party websites operated by us
• Using our website or third-party websites operated by us for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using our website or third-party websites operated by us to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using our website or third-party forums operated by us to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from our website or third-party websites operated by us
• Sharing private and proprietary information from the Program with anyone else.
- Username and Password
8.1 We reserve the right to refuse or terminate your access to the Program and content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or content affected by such cancellation or termination. The restrictions imposed on you in these terms and conditions with respect to the Program and its content will still apply now and in the future, even after termination by you or us.
9. Personal Responsibility, Assumption of Risk, Disclaimers, and Indemnification
9.1 You acknowledge that, by engaging with us for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to us for the Program.
9.2 The Program and content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or content prevents, cures or treats any mental or medical condition. The Program and content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. We disclaim any liability for your reliance on any opinions or advice contained in the Program.
9.3 Earnings and Results Disclaimer. We makes no guarantees whatsoever that you will achieve any results from the information provided on the Website or otherwise by us. Testimonials published by us are independent and genuine, but they do not represent a guarantee or warranty of similar results.
9.4 Any links to third-party products, services, or sites are subject to separate terms and conditions. We are not responsible for or liable for any content on or actions taken by such third-party websites or website. Although we may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
9.5 We try to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
9.6 THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.7 WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
9.8 Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to us, you accept that you do so at your own risk.
9.9 We control and operate the Programs from the United Kingdom. We do not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
9.10 You agree to defend, indemnify and hold harmless us and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or content in violation of these terms and conditions (ii) any breach by you of these terms and conditions or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to our website or any third-party forum or websites operated by us, (iv) your use of materials or features available on the Program or content or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.