TERMS OF USE OF THE “FITLOV” WEBSITE, WWW.ITRAINER.AE, OTHER “ITRAINER” WEBSITES, ONLINE LOCATIONS AND MOBILE APPLICATIONS, AS APPLICABLE (collectively the “Sites”)
Please read these Terms carefully before downloading the App and/or using the ITRAINER Service or Website. By accessing the App and/or the Website, you are agreeing to comply with these Terms (which shall include any App Store Rules (as defined below).
Please note: You must be aged 18 or over to use the App, Website and the ITRAINER Service. If you are under 18 or if you do not agree to these Terms, please do not use the App or Website or register as a user of the ITRAINER Service. If you invite other people to train with you then you are responsible for ensuring that they are aged 18 or over.
INTRODUCTION AND ABOUT US
ITRAINER provides an online marketplace through the Sites that connects independent personal trainers, fitness experts and other nutrition and wellness professionals (collectively the “Trainers”), who offer sessions of any kind including but not limited to personal training, strength/bodybuilding,, swimming, boxing/kickboxing & MMA, pilates, circuit training/bootcamp,zumba, self-defense, cardio training, flexibility & mobility, functional training and yoga, pre & post-natal, nutrition coaching to name a few, (each, a “Session”) with clients who seek to schedule Sessions with Trainers (a “Client” or “Clients”), a platform for Trainers to list information about themselves and the Sessions they offer and for Clients to schedule and pay for Sessions and other services offered by ITRAINER through the Sites (collectively, the “ITRAINER Services”).
In using the Sites, you are deemed to have read and accepted the following terms and conditions:
The Sites are operated by I TRAINER FZE , a free zone limited liability company duly incorporated with the Sharjah Airport International Free Zone, Sharjah, United Arab Emirates, with license number 22481 and with its registered address located at Saif Office, Q1-07-128/A, Sharjah, United Arab Emirates (hereinafter referred to as “I TRAINER”, “us”, “we”, “our”).
The Sites are provided to you for your personal use, subject to these terms and conditions, and any other rules posted on the Sites (including but not limited to the Privacy Policy) (collectively the “Terms and Conditions”).
By visiting the Sites, you agree to be bound by, consent to comply with, and consent to the practices described in, these Terms and Conditions, which govern your access and use and browsing of the Sites and all content, features and functionalities available on the Sites (or any of our other websites, applications, content, products, services and related micro-sites accessed through the URL www.itrainer.ae and any related domain names), of Our Content and of the I TRAINER Services (collectively the “I TRAINER Platform”).
If you wish to access, use or browse of the I TRAINER Platform or any part thereof, you must read and agree to be bound by our policies relating to the I TRAINER Platform, whether you are a trainer, a client or any other individual, with or without the intention of using the I TRAINER Services. In particular, your attention is drawn to our policies relating to the terms of use of the I TRAINER Platform, the terms of purchase of the I TRAINER Services and our Privacy Policy. If you are aged under 18, you must let your parent or guardian know about our Privacy Policy before you register to use the I TRAINER Platform including any of the I TRAINER Services.
If you accept or agree to these Terms and Conditions on behalf of a company, legal entity, association, partnership, or other entity (“Entity”), you represent and warrant that you have the authority to bind that Entity to these Terms and Conditions, and, in such event, “you” or “your” will refer and apply to that Entity. Even if you are using the I TRAINERPlatform or the I TRAINER Services on behalf of an Entity, you agree that these Terms and Conditions and the Privacy Policy bind you, as an individual.
We grant you a non-transferable and revocable personal license to use the software that is provided to you by us as part of the Sites, for the sole purpose of enabling you to use and enjoy the benefits of the I TRAINER Platform, in the manner permitted by the Terms and Conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in writing and in advance. Any breach to these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you, and without prejudice to any other rights of I TRAINER, in addition to any other remedy available to us under these Terms and Conditions.
2 REGISTRATION
Certain Sites services and related features, such as but not limited to, newsletters, that may be made available on the I TRAINER Platform may require registration or subscription to enable your use of them. In addition, prior to using the I TRAINER Services, you must register an account that will be linked to your email and phone number (“Account”).
You agree to follow the on-screen instructions, and to complete the applicable forms and input information requested in connection with any registration process. You represent and warrant that the information you provide in connection with any registration process or as otherwise requested for the Account or in connection with your use of the I TRAINER Services will at all times be accurate, truthful, current and complete; and you agree to promptly update such information in case of any changes.
We may change our registration or subscription requirements from time to time. As a user of the I TRAINER Platform, you are solely responsible for keeping passwords and other account identifiers safe and secure, and you agree to take all reasonable and appropriate security measures to prevent any unauthorized access or use of the Account or other breach of security relating to the I TRAINER Platform or data accessible through the Account. Without limiting the foregoing, you are fully responsible for all statements made and acts or omissions that occur while your Account password is being used, whether by you or third parties. Furthermore, you must notify us immediately of any unauthorized use of your password or Account.
I TRAINER is authorized to act on instructions or information received through use of any Account and shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this paragraph. You are solely responsible to keep backups of any content that you do not want deleted, modified or removed from your Account. You may be liable for our losses or others due to any unauthorized use under this paragraph.
Please refer to our Privacy Policy information about how we use your data.
THE I TRAINER PLATFORM FEATURES
I TRAINER is the sole owner or licensee, as applicable, of its content and may make changes to all content available on or through the I TRAINER Platform including, without limitation, text, brands, photographs, documents, graphics, audio, videos, logos, icons, images, media, data, charts, maps, software and other information and materials ideas, proposals, concepts, content, materials, works and deliverables (collectively, the “I TRAINER Content”), services or features of the I TRAINER Platform, and any other aspect of the I TRAINER Platform or any part or any of the foregoing, at any time.
The I TRAINER Platform may also include features that enable you to send information, materials, emails and other types of messages or notices to I TRAINERor to others users of the I TRAINER Platform, create a profile in connection with your Account accessible to other users of the I TRAINERPlatform or the public, submit reviews, opinions, biographical information and other content that others may be able to access or view, or to make other information, materials or submissions available on or through the I TRAINER Platform.
You are responsible for your use of the I TRAINERPlatform, for any information, text, graphics, photos, or other materials, which you upload or post to the I TRAINER Platform (collectively “Your Content”), and for any consequences thereof. Most content you submit, post, or display through the I TRAINERPlatform is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide content that you are comfortable sharing with others under these Terms and Conditions.
When posting Your Content, you agree not to make comments that are not factual in nature including without limitation making any racist and homophobic comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. We may not monitor or control Your Content and, we cannot take responsibility for Your Content. Any use or reliance on Your Content, or content provided by any party other than I TRAINER (such as other users) (“Other Content”) or obtained by you through the I TRAINER Platform is at your own risk.
Your Content may be moderated and may take up to 48 hours to be displayed but I TRAINER does not commit to checking all Your Content or Other Content and will not be liable for the same. If you have a complaint about any posts, please contact our Customer Service. I TRAINER reserves the right, in its sole discretion, not to publish or to remove any Your Content or Other Content that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data or improperly uses the medium for promoting and advertising businesses.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of Other Content or endorse any opinions expressed via the I TRAINER Platform. You understand that by using the I TRAINER Platform, you may be exposed to Other Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any of Your Content or Other Content, including, but not limited to, any errors or omissions in Your Content or Other Content, or any loss or damage of any kind incurred as a result of the use of Your Content or Other Content posted, emailed, transmitted or otherwise made available via the I TRAINER Platformor broadcast elsewhere.
You retain your rights to Your Content. By submitting, posting or displaying Your Content on or through the I TRAINER Platform, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for I TRAINER to provide, promote, and improve the I TRAINER Servicesand to make Your Content available to other companies, organizations or individuals who partner with I TRAINER for the syndication, broadcast, distribution or publication of Your Content on other media and services, subject to our terms and conditions for Your Content use. Such additional uses by I TRAINER, or other companies, organizations or individuals who partner with I TRAINER, may be made with no compensation paid to you with respect to Your Content.
We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Content, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of I TRAINER, its users and the public.
You may not do any of the following while accessing or using the I TRAINER Platform: (i) access, tamper with, or use non-public areas of the Sites, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the I TRAINER Platform by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the Terms and Conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the I TRAINER Platformto send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Sites, or by scripting the creation of Your Content in such a manner as to interfere with or create an undue burden on the Sites.
3 ELIGIBILITY
The purchase of the I TRAINERServices through the I TRAINER Platforms is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the United Arab Emirates.
In order to make purchases on the I TRAINER Platform, you will need to provide your personal details, including your real first and last name, valid e-mail address, payment details, valid billing address and other requested information as indicated. You represent and warrant that the payment details you provide are valid, complete, and correct and confirm that you are the person referred to in the billing information provided.
The I TRAINER Services are only available to persons who meet I TRAINER terms of eligibility, those who hold a valid credit/debit card by a bank acceptable to I TRAINER, and those who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the I TRAINERServices. The I TRAINER Services purchased are for personal or gift use only and shall not be re-sold, used for commercial purposes or for any other commercial benefit. I TRAINER reserves the right to restrict purchase of the I TRAINER Services to any customer, at its own discretion.
By wishing to purchase the I TRAINER Services, you expressly authorize I TRAINER to perform credit checks and to transmit or obtain your credit/debit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, validate your credit/debit card, obtain an initial credit/debit card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for information about how we use your data.
4 PERMITTED USE OF THE I TRAINER PLATFORM
The I TRAINERPlatform and the I TRAINERcontent are made available for your personal, noncommercial use, provided that Trainers may use the I TRAINER Platform to promote services that they perform at Sessions, so long as the Trainer is in full compliance with these Terms and Conditions and the Trainer’s terms of conditions.
You agree to abide by any posted limitations relating to use, reproduction or dissemination of any content. Any use of the I TRAINER Platform, including, without limitation, the Sites, the I TRAINER content or any part of any of the foregoing, in any way not expressly permitted by these Terms and Conditions is prohibited, and may be actionable under the law.
The I TRAINER Platform is controlled within the United Arab Emirates. Those who choose to access the I TRAINER Platform from locations outside of the United Arab Emirates do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.
I TRAINER reserves the right to limit the availability of the I TRAINER Platform for any person, geographic area, or jurisdiction at any time in its sole discretion.
You understand and agree that I TRAINER may discontinue or restrict your use of all or any part of the I TRAINER Platform at any time for any reason or no reason and with or without notice.