Terms of Use

Terms of Use (Terms and Conditions)

Last updated: August 26th, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named Vco App.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: New South Wales, Australia.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Vco App Pty Ltd ACN 669 976 112.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.

Payment Date refers to the specified calendar day on which a monetary obligation, as agreed upon by the Parties, becomes due and payable by You to the Company.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Application or the Website or both.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Vco, accessible from https://www.vcoapp.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Attention! Always consult a physician before starting a workout program, changing your workout routine, or changing your diet. Not all workout routines, exercises and/or activities are suitable for everyone. If you feel discomfort or pain, you must discontinue any exercise and consult a medical expert. The instructions and advice presented are in no way intended as a substitute for medical or psychological counselling.

By using the Application or Website, owned and operated by Vco App Pty Ltd ACN 669 976 112, you are subject to certain terms and conditions as set forth below. By using the Application or Website for the Service, you are agreeing to be bound by the following terms and conditions. Any new features or tools which are added to the current Service shall be also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time by visiting this web page. Vco App Pty Ltd ACN 669 976 112 reserves the right to update and change the Terms of Use by posting updates and changes to the Vcoapp.com website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Waiver and Release of Liability

By logging on or downloading the Vco Application, you hereby agree to accept these terms and conditions and further agree to indemnify and hold harmless Vco App Pty Ltd ACN 669 976 112, it’s officers, directors, shareholders and employees from any accidents, injuries, or direct or indirect damages of any kind which you may experience from your fitness activities or the use of the Application, Vcoapp.com website and any other Vco service. You agree that neither Vco App Pty Ltd ACN 669 976 112, or its officers, directors, shareholders and employees, shall have any liability to you under any theory of liability or indemnity in connection with your use of Vcoapp.com or Vco Application.

You hereby release and forever waive any and all claims you may have against Vco App Pty Ltd ACN 669 976 112, its officers, directors, employees, agents, consultants, information providers or suppliers for losses or damages you sustain in connection with your use of Vcoapp.com or Vco Application. The total liability of Vco App Pty Ltd ACN 669 976 112, and its officers, directors, employees, agents, consultants, information providers and suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided in the 12-months prior to the date of the claim. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of Vcoapp.com are hereby excluded even if Vco App Pty Ltd ACN 669 976 112 or its officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. Void where prohibited by law. Vco App Pty Ltd ACN 669 976 112 makes no representations or warranties as to the conduct of trainers or their compatibility with any current or future Members. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website, Service or Application, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings between Trainers and Members of or any other persons you meet through this Site.

General Conditions

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Vco App Pty Ltd ACN 669 976 112 does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that you are solely responsible for (and that Vco has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Vco may suffer) by doing so.

For information about Vco’s data protection practices, please read Vco’s privacy policy at http://www.vcoapp.com/privacy-policy. This policy explains how Vco treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Vco’s privacy policies. We reserve the right to refuse service to anyone for any reason at any time.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, Vco DOES NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE UN-INTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Vco OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Vco FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Vco AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR :

(I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF :- (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES ;- (B) MAKE CHANGES WHICH Vco MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);- (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;- (D) YOUR FAILURE TO PROVIDE Vco WITH ACCURATE INFORMATION; AND- (E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

The Services may include hyperlinks to other websites or content or resources. Vco may have no control over any web sites or resources which are provided by companies or persons other than Vco. You acknowledge and agree that Vco is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Vco is not liable for any loss, damage or injury which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such web sites or resources.

These Terms of Service, and your relationship with Vco under these Terms of Service, shall be governed by the laws of the state of New South Wales without regard to its conflict of laws provisions.

Subscriptions

Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or Vco cancels it.

Subscription Cancellations

You may cancel your subscription to Vco, by messaging the word ‘CANCEL’ in the Application’s in-app messenger. This must be received before your next Payment Date to avoid any further Subscription fees. If You message ‘CANCEL’ after your payment has been processed, no amount will be refunded to You, and You will be able to access the Service until the end of Your current Subscription period.

If You cancel any Subscriptions, and decide to sign up again, there will be a waiting period of 3 months to do so.

Subscription Upgrades

For Vco Weekly subscribers, if You decide to upgrade from Vco Weekly to Vco+ Weekly, message the word ‘UPGRADE’ in the in-app messenger. Your existing Vco weekly subscription will be cancelled and a new link will be sent for you to subscribe to Vco+ Weekly.

For Vco Annual subscribers, if you decide to upgrade from Vco Annual to Vco+ Annual, message the word ‘UPGRADE’ in the in-app messenger. The amount payable will depend on the remaining time on your annual subscription. Calculated on a pro-rata basis, an invoice will be sent to your email address and once processed your access to Vco+ Annual will become active and your original Vco Annual membership will be cancelled.

Downgrades

If you decide to downgrade from Vco+ Weekly to Vco Weekly, message the word ‘DOWNGRADE’ in the in-app messenger. Your existing Vco+ Weekly subscription will be cancelled and a new link will be sent for you to subscribe to Vco Weekly.

If you have subscribed to Vco+ Annual, it is not possible to downgrade to the Vco Annual option and no amount will be refunded for any remaining time of the Term.

Billing

You shall provide Vco with accurate and complete billing information including full name, address, state, post/zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, Vco will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

Vco, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

Vco will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by Vco on a case-by-case basis and granted at the sole discretion of Vco.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. If You believe your password has been compromised and would like to change it, You may request a password reset at anytime via the Application in-app messenger.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

You must be 18 years or older to use this Service. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide to Vco will always be accurate, correct and up to date. You are responsible for keeping your password secure. Vco cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You may not use the service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Australia.

You are responsible for all activity and content (data, graphics, photos, links) that is uploaded or created under your Vco account. A breach or violation of any of the Account Terms as determined in the sole discretion of Vco will result in an immediate termination of your services. You agree to use the Services only for the purposes that are permitted by: (i) these Terms of Service, and (ii) any applicable law, regulation or generally accepted practices and guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Vco, unless you have been specifically allowed to do so in a separate agreement with Vco. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Vco for all activities that occur under your account. If you become aware of any unauthorised use of your password or of your account, you agree to notify Vco immediately at contact@vcoapp.com. You acknowledge and agree that if Vco disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Vco. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Vco customer, Vco employee, member, or officer will result in immediate account termination. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You are only authorised to use this Website for your own individual use, and may not duplicate, download, publish, modify or otherwise distribute any material on Vco for any purpose other than for your own individual use, unless otherwise specifically authorised by Vco. You agree not to transfer or resell your use of or access to Your program to any third party.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

Vco is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups. Spam, machine – or randomly – generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights. Impersonating any person or entity including Vco and its employees or representatives. Violating the privacy of any third person. False information and features. Vco reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. Vco further reserves the right to make formatting and edits and change the manner any Content. Vco can also limit or revoke the use of the Service if You post such objectionable Content. As Vco cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Vco 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.

Content Backups

Although regular backups of Content are performed, Vco does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

Vco will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Vco has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Vco and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Vco.

You acknowledge and agree that Vco (or Vco’s licensors) own all legal right, title and interest in and to the Vco content and the Services, including any intellectual property rights which subsist in the content and the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Vco, nothing in these Terms of Service gives you the right to use any of Vco’s trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorised to do so in writing by Vco, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos. Vco gives you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the software provided to you by Vco as part of the Services as provided to you by Vco (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Vco, in the manner permitted by these Terms of Service.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorised by Vco in writing.

Unless Vco has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

You retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services. By submitting, posting or displaying the content, you give Vco a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling Vco to display, distribute and promote the Services.

You agree that this license includes a right for Vco to make such content available to other companies, organisations and individuals with whom Vco has relationships for the provision of syndicated services, and to use such content in connection with the provision of those Services.

You understand that Vco, in performing the required technical steps to provide the Services to our users, may: (i) transmit or distribute your content over various public networks and in various media, and (ii) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Vco to take such actions. You confirm to Vco that you have all the rights, power and authority to grant the above license. It is Vco’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide Vco. If for any reason such assignment is ineffective, You agree to grant Vco 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.

Links to Other Websites

Our Service may have links to third-party websites or services that are not owned or overseen by the Company.

The Company holds no authority over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further accept and agree that the Company will not be held accountable or liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly recommend that You read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may end or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will immediately cease. If You wish to terminate Your Account, You may simply stop using the Service.

Limitation of Liability

Regardless of any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall not exceed the fees you paid for the particular information or service provided in the 12-months prior to the date the claim was made.

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 this Terms), 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.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, will govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

If any provision of these Terms is deemed to be unenforceable or invalid, such provision will be altered 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.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not impact a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is substantial We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a substantial change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please cease using the website and the Service.

Disclaimer

The information contained on the Service is for general information purposes only.

The Company assumes no responsibility for errors or omissions in the contents of the Service.

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 Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Company does not warrant that the Service is free of viruses or other harmful components.

Medical Information Disclaimer

The health information provided by the Service is not intended to diagnose, treat, cure or prevent disease. Products, services, information and other content provided by the Service, including information linking to third-party websites are offered for informational purposes only.

The information supplied by the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.

People differ and may react differently to different products. Remarks made on the Service by employees or other users are strictly their own personal views expressed in their personal capacity and are not claims made by the Company nor do they represent the Company's position or viewpoint.

The Company is not liable for any information given by the Service regarding recommendations concerning supplements for any health purposes.

The Company provides no guarantee or warranty with respect to any products or services sold. The Company is not accountable for any damages for information or services provided, even if the Company has been advised of the possibility of damages.

Fitness & Nutritional Information Disclaimer

The Service can provide health, fitness and nutritional information including, without limitation, advice and recommendation, which is offered solely for general education and informational purposes.

The use of the advice and information contained herein is at your sole choice and risk. You should not rely on this information as a replacement for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult your physician or healthcare provider before starting any nutrition or exercise program.

If You choose to use this information without prior consent of your physician, You are agreeing to accept full responsibility for your decisions and to hold the Company harmless.

External Links Disclaimer

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Errors and Omissions Disclaimer

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The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.

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The Service 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, organisation, employer or company, including the Company.

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 or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.

No Responsibility Disclaimer

The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.

In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.

“Use at Your Own Risk” Disclaimer

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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 Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.