These Terms and Conditions define the scope and conditions of sale of Fit Even e-books to Users.
The Seller sells e-books online according to Terms and Conditions.
The User is obliged to comply with the provisions of the Terms and Conditions.
By filling in your details on the website, placing an order or otherwise using the website, you enter into a binding contract with the Seller, whose details are in Chapter II (Definitions).
The User Agreement with the Seller includes these Terms and Conditions for the sale of e-books and the Privacy Policy.
The User declares that all registration information provided to the Seller is true, accurate and complete and agrees that it will be kept for the purpose of creating e-books.
Periodically, the Seller may, at its sole discretion, make changes to the Terms and Conditions and the Privacy Policy. By introducing significant changes to them, they will inform the User about it in a clear and distinct manner, as appropriate to the circumstances, e.g. by sending the User an e-mail. In some cases, they will notify the User in advance, and further orders made after the changes are made will constitute acceptance of the changes. The Seller therefore advises that these notices be read carefully. If the User does not want to continue using the e-books under the new version of the Terms and Conditions and the Privacy Policy, they may terminate the Agreement by contacting the Seller's Customer Service Department.
II DEFINITIONS
Seller – the seller of Fit Even e-books is Fonetiko, Inc., 651 N Broad st., Suite 206 Middletown, DE, 19709, United States, registration number: 7311583
User – a natural person, a legal person or an organizational unit without legal personality that uses Fit Even e-books
Agreement – means the subscription agreement for the sale of Fit Even e-books with diet and/or workout plans, concluded between the Seller and the User for an indefinite period of time in a monthly subscription, in the package selected by the User, that is available on the Seller's websites or under individual arrangements (written, email, telephone or oral) between the Seller and the User. The Agreement is effectively concluded when the User makes payment in accordance with the provisions of the Agreement.
Ebook – a file in pdf format or any other format that can be read on ebook readers, computers, smartphones, tablets and other electronic devices, containing a customized diet and/or workout plan created from data entered by the User.
Content - means all kinds of text data, graphic data, audio files (e.g. recordings), audio-visual files (e.g. video clips, films, multimedia objects, etc.), copyrighted information; any additional attachments, files or materials attached to the Content are an integral part thereof.
III FIT EVEN EBOOKS SUBSCRIPTION RULES
Use of the ebooks requires a computer or mobile device with the ability to read pdf files.
Downloading the ebook requires connection to the Internet and data transfer. The costs of connecting the Mobile Device to the Internet shall be borne by the Information Recipient in accordance with the contract between him and the telecommunications operator.
While the Vendor endeavors to create ebooks with the best knowledge and enable Users to obtain the best possible results, the Vendor makes no guarantees as to the results of using either the diet and/or workout plan recommendations contained in the ebook.
Seller uses Users' personal information solely for the purpose of gathering information necessary to create the ebook
Sprzedawca nie ponosi odpowiedzialności za jakiekolwiek działania Użytkownika.
Seller is not responsible for the effects associated with the application of diet and/or workout plan recommendations contained in the ebook, either in their entirety or in part, especially for physical damage resulting from the execution of workout plans or the preparation and consumption of meals based on diet plans.
The Seller is not responsible for the truthfulness and accuracy of all information provided by the User, on the basis of which the ebook was created. This applies to both the diet and workout plan contained in the ebook, whether in their entirety or in part.
The User acknowledges that if they suspect that they are pregnant or have any chronic disease, they should consult their physician before using the Fit Even ebook, and if they experience any physical discomfort related to following the dietary and/or workout recommendations provided in the Fit Even ebook, they should immediately discontinue those recommendations and consult a physician.
The User acknowledges that they should always contact a physician if they experience any physical discomfort related to the diet and/or exercise regimen.
The Seller shall not be liable for technical problems or technical limitations of the User's computer or mobile equipment that prevent the User from reading the ebook.
The Seller shall not be liable for infringement of third party rights and causing damage to third parties as a result of or in connection with the activities carried out by the User, in particular in the case of infringement of copyright and other intellectual property rights vested in third parties.
The Seller exercises due diligence resulting from the professional nature of its business in selecting the Content.
To the maximum extent permitted by applicable law, Seller makes no representations, warranties or conditions as to satisfactory quality, merchantability, fitness for a particular purpose (including but not limited to achieving specific dietary or training goals) or non-infringement. As with any purchase of a product or service, in any manner and in any environment, the User should use their own judgment and exercise caution where applicable. No advice or information, whether oral or written, obtained by the User from the Vendor shall constitute any warranty by the Vendor in this regard. However, this does not affect the User's statutory consumer rights.
The User agrees that, to the extent permitted by applicable law, their sole and exclusive remedy for any problems or dissatisfaction with the ebook is to contact Seller's Customer Service.
W maksymalnym zakresie dozwolonym przez prawo, w żadnym wypadku Sprzedawca, jego dyrektorzy, udziałowcy, pracownicy, agenci, członkowie zarządu, spółki zależne, stowarzyszone, następcy, cesjonariusze, dostawcy lub licencjodawcy nie będą odpowiedzialni za jakiekolwiek pośrednie, szczególne, incydentalne, odszkodowania karne, przykładowe lub wynikowe; w przypadku jakiejkolwiek utraty: możliwości użytkowania, danych, transakcji lub zysków (bezpośrednich lub pośrednich) we wszystkich przypadkach wynikających z korzystania z Ebooków, niezależnie od podstawy prawnej, bez względu na to, czy Sprzedawca został ostrzeżony o możliwości wystąpienia tych szkód i nawet jeśli środek zaradczy nie spełnia swojego podstawowego celu, łączna odpowiedzialność za wszystkie roszczenia związane ze Sprzedawcą może wynosić maksymalnie sumę kwot zapłaconych przez Użytkownika Sprzedawcy w ciągu poprzedzających dwunastu miesięcy, w zakresie dozwolonym przez obowiązujące prawo.
To the maximum extent permitted by applicable law, the Uses agrees to indemnify and hold Seller harmless from any and all claims for damages, losses and expenses (including reasonable attorneys' fees and expenses) arising out of: (1) the User's breach of the Agreement and (2) the User's violation of any applicable law or the rights of any third party.
IV PAYMENT FOR EBOOKS
Ebooks are sold on a monthly subscription basis. The User agrees to charge their provided debit or credit card the same amount each month as long as their ebook subscription is active.
There is a fee to receive ebooks according to current price lists.
All prices listed on the Seller's website are gross prices. The price listed on the Seller's website is binding at the time the User buys the ebook subscription.
The ebook subscription is concluded for the term specified in the individual order. After each month, the Agreement renews automatically unless the User cancels the subscription before the expiration of the term.
The User's payment to the Seller (or the third party through which the User purchased the ebook subscription) will be automatically collected after the first payment is finalized on the ebook sales page. The finalization process consists of the User entering the payment details into the Seller's system and then accepting and authorizing them with special codes, if required by the bank or payment provider. The User's payment to the Seller (or the third party through which the User purchased the ebook subscription) will automatically renew at the end of the subscription period, unless the User cancels the subscription before the end of the current period. In case of cancellation, the subscription will be cancelled within a few days after the last day of the current subscription period.
If the User wishes to receive a full refund of all amounts paid before the expiration of the 30-day money-back guarantee, they must contact the Seller's Customer Service by sending an email containing a statement of withdrawal from the agreement to: [email protected]
Seller may change the price for ebooks from time to time and will notify User of any changes in advance. Price changes shall become effective at the beginning of the next subscription period following the date of the price change. The User's failure to terminate the Agreement after any such change shall constitute agreement to the new price. If the User does not agree with the price changes, the User has the right to reject the changes by terminating the subscription before the price change becomes effective. Users are therefore urged to read all such notices of price changes carefully.
The provisions of the Agreement shall apply to the User until terminated by the User or the Seller. If either party terminates the Agreement, the User agrees that Seller shall have no liability to them and shall not refund any amount already paid by the User to the maximum extent permitted by applicable law. The provisions of this section will be enforced to the extent permitted by applicable law. User may terminate the Agreement at any time.
V INTELLECTUAL PROPERTY
The Seller shall own all economic copyright to all works contained in the ebooks, including but not limited to recommendations, diet plans and workout plans.
Any copying, distribution or other use of the Content contained in the ebooks is prohibited without the prior written consent of the Seller.
The User shall not have the right to commercially use, sell, resell or otherwise transfer, copy, distribute or promote the ebook Content in whole or in part. The User will also have no right to use the Content in a way that requires a license for public use (playback).
VI RIGHTS IN INTANGIBLE ASSETS
Content made available in the ebook, as well as trademarks, company names, logotypes, photos, multimedia and any other works contained therein are protected by generally applicable law.
Use of the ebook does not imply acquisition of any rights on intangible property to the works contained therein. In particular, it is forbidden to copy, distribute, use or modify any components of the ebook without prior written permission of the Seller.
VII COMPLAINT PROCEDURE
The User may submit complaints regarding the ebooks via e-mail to the following address: [email protected]
Complaints will be processed by the Seller immediately, no later than within 30 calendar days of receipt of the complaint. If it is necessary to conduct additional diagnostic activities, the Seller reserves the right to extend the above period, according to the time needed to perform these diagnostic activities. The Seller shall inform the User about the method of processing the complaint by e-mail sent to the e-mail address from which the complaint was sent.
VIII REFUND POLICY
The ebooks are prepared on an individual order, and therefore, in accordance with Article 38(1)(3) of the Law on Consumer Rights, the right to withdraw from a contract concluded at a distance is excluded.
The user has the right to return the product in case of dissatisfaction with its quality within 30 days from the date of conclusion of the contract and only if the diet and training plan included in the e-book was used (documentation of this fact is required) and did not bring results. To request a refund, you must send an email to [email protected] within this period, along with documentation confirming the use of the plan. Paid funds will be refunded within 30 working days by the method by which they were paid.
IX FINAL PROVISIONS
The Seller reserves the right to make changes to the Terms and Conditions. The Seller will inform the User about changes to the Terms and Conditions via e-mail and by publishing the amended Terms and Conditions on the website. The amended Terms and Conditions are binding for the User, unless the User notifies the Seller's Customer Service about his lack of acceptance within 21 days from the date of informing him about the changes to the Terms and Conditions.
Jeżeli którekolwiek z postanowień Regulaminu są lub staną się nieważne lub nieskuteczne, nie narusza to ważności pozostałych jego postanowień.
Any matters not covered by the Terms and Conditions shall be governed by the laws generally applicable in Delaware.
The regulations are effective as of 22/11/2021.
The last update or these terms and conditions took place on 26th Jan 2022.