TERMS AND CONDITIONS

Our Terms and Conditions were last updated on November 08, 2024

Please read these Terms and Conditions carefully before using Our Service.

FIZIKL IQ-FZCO: a company, registered with the Dubai Integrated Economic Zones, the United Arab Emirates, with license number 32779 (hereinafter referred to as “the Company”, “the Service Provider”), publishes these Terms and Conditions, which are the terms and conditions of a service agreement and also a public offer to the Company’s clients.

As used in these Terms and Conditions, the following terms shall have the following meanings:

Service Provider: the Company, or one of the Company’s branches, or other persons engaged by the Service Provider in the provision of services.

Client, You: a natural person who applied for the provision of services and accepted this offer in accordance with these Terms and Conditions.

Website: specialized virtual platform, which provides an opportunity to order Servicesin accordance with these Terms and Conditions and shaped as a web page.

Services: remote information services consisting in providing the Client with information material containing recommendations or advice regarding a healthy lifestyle, including proper nutrition and/or sports training, and shaped as an electronic document or video file, or as an electronic file of another type.

I.Acknowledgment
1.1.These are the Terms and Conditions governing the provision of the Services and the agreement that operates between the Client and the Company. These Terms and Conditions set out the rights and obligations of all Clients regarding the use of the Services.
1.2.You represent that you are over the age of 18. The Company does not permit those under 18 to use the Services.
1.3.Your access to and use of the Services are also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company, which is posted on the Company's Website on the Internet at http://physical-transformation.com/policy/. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Services, and the Company’s Website, and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using the Services.
1.4.Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all Clients who purchase the Services.
1.5.The payment for the Services by the Client will be considered as an acceptance of these Terms and Conditions and will indicate the conclusion of the contract by the parties under provided Terms and Conditions. Therefore, the contract has the same legal effect as a contract signed by the parties themselves.
1.6.The Company has the right to unilaterally make changes to these Terms and Conditions, which come into effect the moment of publishing them on the Company’s Website at http://physical-transformation.com/offer-guide/. The Client, in turn, undertakes to independently monitor the presence of changes in the Terms and Conditions.

II.Governing Law
2.1.The laws of the United Arab Emirates shall govern these Terms and Conditions and Your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.

III.The Services
3.1.The Company undertakes to provide the Services by providing the Client with information material containing recommendations or advice regarding a healthy lifestyle, including proper nutrition or sports training programs, and shaped as digital (intangible) object, which, depending on the content, may be shaped as an electronic document or video file, or as an electronic file of another type; and the Client undertakes to accept and pay for the Services under these Terms and Conditions.

IV.The Company’s obligations
4.1.The Company undertakes to fulfill its obligations under these Terms and Conditions.

V.The Company’s rights
5.1.The Company has the right to change the prices for the Services that have not yet been paid for by the Client; modify the payment terms of the Services, the methods, as well as other terms and conditions specified in these Terms and Conditions.
5.2.The Company has the right to transfer Company’s rights and obligations specified in these Terms and Conditions to third parties without any additional agreement with the Client.

VI.The Client’s obligations
6.1. Prior to the payment for the Services, the Client shall familiarize themselves with these Terms and Conditions, including the specified payment procedure.
6.2. The Client shall provide the Company with up-to-date information necessary for their identification (including the Client's email address, which the Client would like to use to receive the Services), the conclusion of the agreement based on the acceptance of these Terms and Conditions, the provision of the Services, as well as for the efficient communication with the Client.
6.3. The Client shall make full payment for the Services in accordance with these Terms and Conditions.
6.4. The Client shall not reproduce, copy, distribute, or use in any other way the information obtained as a result of the Services provision for any purposes other than personal use within the framework of the contract concluded based on the acceptance of these Terms and Conditions.
6.5. The Client shall independently monitor changes to these Terms and Conditions. By accepting these Terms and Conditions, You confirm that You are familiarized with the fact that any information materials provided by the Company in the course of the Services provision are of informational nature only. You are independently responsible for Your health. All information obtained by You as a result of the Services provision, You shall evaluate independently, i.a. taking into account Your state of health, physical indicators, strength and endurance, according to the results of which Your makes an independent decision on the possibility and expediency of application (use) of such information. You are warned that the provided information is not intended to be used by pregnant women, as well as persons with any medical contraindications.

VII.Order placement
7.1. The Client places an order for the provision of the Services by filling out an electronic form on the Company’s Website or through other resources on the Internet where it is possible to order and pay for the Services. When placing an order for the Services, the Client confirms that they have familiarized themselves with the Terms and Conditions and agrees to provide the Company with all necessary information for the proper provision of the Services (including the Client's email address, which the Client would like to use to receive the Services).

VIII.Payments
8.1. Payment for the Services can be made through various payment methods the Company has available.
8.2. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If the Company does not receive the required authorization, it will not be liable for non-delivery of the Services.
8.3. Payment for the Services shall be made by the Client on the terms of one hundred percent (100%) prepayment.
8.4. The cost of the Services is calculated based on the volume of Services required by the Client.
8.5. Payment for the Services is made in the currency agreed upon by the parties during the Client's order placement process.

IX.Provision of the Services
9.1.The Client agrees that the Company may interact with them through direct contacts using various means of communication, including but not limited to the following: postal mailing, SMS messaging, email, phone, social media accounts on the Internet, and others.
9.2.The Company provides the Services remotely, via the Internet.
9.3.The Services provided in accordance with these Terms and Conditions shall be provided by the Companyonly after the receiving by the Company of the full payment made the Client. The Services are provided by sending an electronic file containing the corresponding (paid) information material to the email address specified by the Clientduring the order placement. The Client independently consumes the Services and independently decides whether or not to use the information received as a result of the Services (subject to the provisions of paragraph 6.5.)
9.4. The Services shall be deemed to be duly provided and accepted by the Client if the Company has not received any written motivated objections from the Client within 1 (one) calendar day after submission the Company sent the Client the electronic file containing the relevant information material ordered by the Client. Upon expiry of the specified term, the Client's claims regarding the defects of the provided Services, including in terms of quantity (volume) or quality, shall not be accepted.

X.Services Cancellation
10.1.The Client has the right to refuse the further Services provision by the Company only until the moment the Services were actually provided by the Company, i.e. until the Company sends the relevant information material to the email address specified by the Client during the order placement.
10.2. The refund of money paid by the Client for the Services provided by these Terms and Conditions is possible only in case of the Client's refusal to provide the Services before the moment of actual provision of the Services (see paragraph 10.1). After the moment of actual provision of the Services (see paragraph 10.1) no refund shall be made.

XI.Copyright and Intellectual Property
11.1.The Website and information materials provided in the process of providing the Services, as well as the Website’s features and functionality are and will remain the exclusive property of the Company.
11.2.Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
11.3.By using the Website and information materials provided in the process of providing the Services intended for the provision of the Services, the Client acknowledges and agrees that all the content of the Website and information materials provided in the process of providing the Services, as well as their structure and appearance (visual) are protected by copyright, trademark, and other related intellectual property legislation.
11.4.When quoting materials presented on the Website or in the process of providing the Services, the Client undertakes to indicate a reference to the Website and/or the project Physical Transformation.

XII.License
12.1.Scope of License:
12.1.1.The Company grants You a revocable, non-exclusive, non-transferable, limited license to use the Services, strictly in accordance with these Terms and Conditions.
12.1.2.The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with these Terms and Conditions.
12.2.License Restrictions:
12.2.1.You agree not to, and You will not permit others to:
12.2.2.License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the information materials provided in the process of providing the Services or make such information materials available to any third party.
12.2.3.Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors.

XIII.Intellectual Property Infringement
13.1.In case of violation by the Client of the provisions of these Terms and Conditions regarding the protection of copyright and other intellectual property rights, the Company has the right to demand compensation for all losses caused, including lost profits, as well as a fine for each violation of such rights.

XIV.Your Feedback to Us
14.1.You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

XV.Limitation of Liability
15.1.Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Conditions and Your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You for the Services.
15.2.To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms and Conditions), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

XVI.Disputes Resolution
16.1.All disputes, disagreements or claims arising out of these Terms and Conditions or in connection with them shall be settled, if possible, through negotiations. The parties agree to take measures for mandatory pre-trial settlement through negotiations within 10 (ten) business days from the date of the delivery of the relevant claim (demand) to the party to which it was addressed.
16.2.If any dispute is not resolved within 10 (ten) business days from the date of delivery of the relevant claim to the party to which it was addressed, then any dispute, difference, controversy or claim arising out of or in connection with these Terms and Conditions, including, but not limited to, any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (the “DIFC Courts”).
16.3.Disputes arising out of these Terms and Conditions or in connection with them may be referred to the DIFC Courts in accordance with paragraph 16.2. of this section only after the parties have taken measures for mandatory pre-trial settlement as provided by paragraph 16.1. of this section.

XVII.Severability
17.1.If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

XVIII.Disclaimer
18.1.The information contained in the Services is for general information purposes only.
18.2.The Company assumes no responsibility for errors or omissions in the contents of the Services.
18.3.In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Services or the contents of the Services. The Company reserves the right to make additions, deletions, or modifications to the contents on the Services at any time without prior notice.

XIX.Fitness & Nutritional Information Disclaimer
19.1.The information materials provided in the process of providing the Services may contain health, fitness and nutritional information including, without limitations, advice, and recommendations, that are provided solely for general informational purposes.
19.2.Use of the advice and information contained within the information materials provided in the process of providing the Services is at Your sole choice and risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult Your physician or healthcare provider before using any nutrition or training information.
19.3.If You choose to use this information without prior consent of Your physician, You are agreeing to accept full responsibility for Your decisions and agreeing to hold harmless the Company.

XX.Views Expressed Disclaimer
20.1.The Services may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer, or company, including the Company.

XXI."Use at Your Own Risk" Disclaimer
21.1.All information in the Services is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose.
21.2.The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Services or for any consequential, special, or similar damages, even if advised of the possibility of such damages.

XXII.Contact Us
22.1.If You have any questions about these Terms and Conditions, You can contact Us:
-by sending Us an email: info@physical-transformation.com.

FIZIKL IQ-FZCO,
Registered in Dubai Silicon Oasis, Techno Hub 2, 66th Street, Nr 20, I132-H, Nad Al Hessa, Dubai, the UAE. License Number: 32779.