12. Content and conduct restrictions and “Use at Your Own Risk” disclaimer
12.1. The Company is not responsible for the conduct of the Services’ users (the Clients) and the content they post on the Platform or in the chat rooms on independent platforms. You expressly understand and agree that You are solely responsible for the posted content, Your conduct and for all activity that occurs under Your Personal Account or Your PWP Account whether done so by You or any third person using Your Personal Account or Your PWP Account.
12.2. You may not transmit any content or commit any conduct that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable content or conduct include, but are not limited to, the following:
12.2.1. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
12.2.2. Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
12.2.3. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
12.2.4. Impersonating any person or entity including the Company and its employees or representatives.
12.2.5. Violating the privacy of any third parties.
12.2.6. False information and features.
12.3. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether any content or conduct is appropriate and complies with these Terms and Conditions. The Company reserves the right to refuse, delete or edit any content. The Company can also limit or revoke the use of the Service. As the Company cannot control all content posted by the Clients or third parties on the Platform, You agree to use the Platform at your own risk. You understand that by using the Platform You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
12.4. All information within 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, or consistency with a particular purpose.
12.5. The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information received through the Services or for any consequential, special, or similar damages, even if advised of the possibility of such damages.
13. Service cancellation
13.1. The Client entitled to cancel the provision of Services by the Company at any time by sending a clear statement/notification to the Company’s email address: info@physical-transformation.com. The Terms and Conditions will be considered terminated on the day following the day the Company has received the relevant notification.
13.2. The Company will reimburse You for the cost of the Services paid by You under these Terms and Conditions based on following conditions:
13.2.1. In case of the Services cancelation before the start of their provision or within the first seven (7) calendar days of the first month of their provision, the payment will be fully refunded to the Client. This right is granted to the Client only once, when entering into the contract for participation in the PWP Program for the first time, and therefore it does not apply to any subsequent periods, including extension of or re-entry into the contract for the PWP Program.
13.2.2. In case of the Services cancelation after seven (7) calendar days of the first month of their provision, the payment will be refunded to the Client proportionally to the number of days the Services were actually provided.
13.2.3. The amount of funds subject to refund in accordance with the previous paragraph may also be reduced by the Company by the amount of expenses incurred by the Company in connection with the provision of the Services, which amount to thirty (30) percent of the amount of money paid by the Client and include the costs associated with the allocation of space on the Platform, the lease of the PWP Account, the cost of payment for the Services of engaged specialists (third parties). By accepting this offer, the Client confirms that they have familiarized themselves with and agree with this amount of reimbursable expenses.
13.2.4. Paragraph 13.2 does not apply to the PWP 14-day Demonstration Plan due to its promotional nature and already reduced cost. The Client who purchases the PWP 14-day Demonstration Plan acknowledges and agrees that the Company will not reimburse the price of this plan under any circumstances.
13.3. The funds are to be returned to the Client according to the details of the Client’s personal bank account specified in the relevant notification/refund application.
13.4. The Company has the right to refuse to provide the Services, including without any refund, in the event of the Client’s violation of these Terms and Conditions, the Rules of Participation in the PWP Program, or the rules of other Services provision. Additionally, the Company may refuse to provide the Services if the Client fails to provide the Company or the Platform Administration with the information necessary for the provision of the Services, as requested through the Client’s Personal Account or PWP Account. In these specified cases, the Client’s access to the Services is to be terminated, and the Services are to be considered to have been provided by the Company properly and in full.
13.5. The Company has the right to immediately suspend the provision of the Services or refuse to provide the Services entirely if the Client fails to fulfill their obligation to make payments for such Services within the specified period, as outlined in section “Payments”.
13.6. If refusal occurs after the period specified in clause 13.2.2, the cost of Services actually provided (proportionally to the number of days of actual Service provision) id deducted from the refundable funds. The cost of Services actually provided is determined as the difference between:
13.6.1. The total amount paid by the Client and/or other persons as of the date of refusal, and
13.6.2. The cost of Services that have been actually provided by the Company by the date the Company receives the relevant notice of refusal.
13.7. The funds refundable under clause 13.6 may also be reduced by the Company by the amount of expenses incurred by the Company in connection with Service provision. Such expenses include, inter alia:
13.7.1. Payment system fees.
13.7.2. Technical support and maintenance of the Platform.
13.7.3. Remuneration of third parties engaged by the Company to provide the Services.
13.8. By accepting these Terms and Conditions, the Client and other persons confirm that they have reviewed and agree with the reimbursement rules, mentioned in this section.
14. Copyright and intellectual property
14.1. The Platform, its content and any other content provided (excluding any content provided by You or other Clients), as well as the Platform’s features and functionality are and will remain the exclusive property of the Company.
14.2. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
14.3. By using the Platform, or any other mobile app intended for the provision of the Services or any other services provided by the Company, the Client acknowledges and agrees that all the content of the Platform or any corresponding mobile app, as well as their structure and appearance (visual design) are protected by copyright, trademark and other related intellectual property legislation.
14.4. The Client agrees to provide a link to the Platform or other corresponding mobile app when quoting information presented on the Platform.
15. License
15.1. Scope of License:
15.1.1. The Company grants You a revocable, non-exclusive, non-transferable, limited license to install and use the content of the PWP Program, or the content of pre-designed or tailored to Your personal characteristics and requirements training programs purchased as part of the Services, strictly in accordance with these Terms and Conditions.
15.1.2. You may only use the Platform, its content, and the content of the PWP Program on a device that You own or control and as permitted by the respective mobile application’s terms of service.
15.1.3. 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.
15.2. License Restrictions:
15.2.1. You agree not to, and You will not permit others to:
15.2.2. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the content of the Platform, or the content of the PWP Program, or make such content available to any third party.
15.2.3. 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 of the content of the Platform or the content of the PWP Program.
16. Intellectual property infringement
16.1. 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.
17. Your feedback to Us
17.1. You assign all rights, title, and interest in any feedback You provide the Company with. 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.
18. Limitation of liability
18.1. 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.
18.2. 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.
18.3. The Company bears liability in accordance with the applicable law provided that the Company is at fault.
18.4. The Company bears no liability for the quality of the Internet connection and for the functioning of the Client’s and or other persons’ equipment and software.
18.5. The Company bears no liability for the content of information posted in internal chats of messengers (WhatsApp, Telegram), including for use by third parties of personal data that the Client and or other persons post in such chats.
18.6. The Platform and its software tools are provided on an "as is" basis. The Client and/or other persons bear the risk of using the Platform. The Company bears no liability for non-performance or improper performance of obligations under the Terms and Conditions, as well as for possible damage arising as a result of:
18.6.1. Actions or inaction of Internet users and or other entities aimed at worsening the general situation with Internet use or computer equipment.
18.6.2. Absence of Internet connections or inability to establish, maintain, terminate, and similar circumstances.
18.6.3. Malfunctions of the Platform and or other software caused by code errors, computer viruses, or other foreign code fragments in the software.
18.6.4. One-time restrictions that make access to the Platform impossible and are not caused by the Company’s actions or omission.
18.6.5. Adoption of regulatory legal acts by competent authorities or regulatory acts of organizations whose effect influences the use or inability to use and any consequences of use or inability to use by the Client and/or other persons of the payment method selected under the Agreement.
18.7. Information provided by the Company during conclusion of the Agreement or its performance cannot be considered a guarantee of result. The Client and or other persons assume full responsibility for using the information provided and the risks associated with such use.
19. Disputes resolution
19.1. 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 ten (10) business days from the date of the delivery of the relevant claim (demand) to the party to which it was addressed.
19.2. If any dispute is not resolved within ten (10) 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”).
19.3. Disputes arising out of these Terms and Conditions or in connection with them may be referred to the DIFC Courts in accordance with paragraph 19.2. of this section only after the parties have taken measures for mandatory pre-trial settlement as provided by paragraph 19.1. of this section.
20. Severability
20.1. 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.
21. Disclaimer
21.1. The information provided to the Client as part of the Services provision is provided for general informational purposes only.
21.2. Use of the advice and information contained within 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 beginning any training program. If You choose to use this information without prior consent of your physician, You agree to accept full responsibility for your decisions and hold harmless the Company.
21.3. The Company assumes no responsibility for errors or omissions in the content of the Services.
21.4. 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 content of the Services. The Company reserves the right to make additions, deletions, or modifications to the content of the Services at any time without prior notice.
22. Views expressed disclaimer
22.1. 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.
22.2. Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in a comment. The Company is not liable for any comments published by users and reserves the right to delete any comment for any reason whatsoever.
23. Confidentiality
23.1. Confidential information includes any information related to the process of Service provision by the Company that is not published in open access and is not publicly available for general knowledge. The Client and other persons undertake not to disclose confidential information and other data provided by the Company during Service provision (except for publicly available information) to third parties without the Company’s prior written consent.
23.2. Within the Services, the Client and other persons are provided access to software owned by the Company and third-party right holders, including internal information systems and websites (the “Software”). The Client and other persons may not perform any actions with the Software other than those necessary to receive the Services within the Terms and Conditions. The term for granting the right to use such Software is limited to the term of Service provision under the applicable Plan. The Client and other persons must keep information relating to the Software confidential and are not entitled to disclose it without the consent of the Company and or the right holder of such Software. If, in doing so, the Client and other persons create or modify Software, the Client and other persons transfer the exclusive right to the modified or created Software to the person that granted access, free of charge, from the moment of creation or modification, unless otherwise specifically agreed by the Parties.
24. Contact Us
24.1. If You have any questions about these Terms and Conditions, You can contact Us:
- through the Company’s Website, or
- by sending Us an email to 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.