PLEASE READ CAREFULLY THE FOLLOWING TERMS CONDITIONS GOVERNING YOUR ACCESS TO OR USE OF THIS WEBSITE AND/OR SERVICES
Changes to terms and conditions
We reserve the right, in our sole discretion, to amend, modify, add or remove provisions of these Terms and Conditions from time to time and we will provide notice of these changes at the website link for these terms and conditions and any such amendments shall be effective immediately upon notification on this website. It is the responsibility of the customer to review these terms and conditions periodically to make sure they meet the customer’s needs. The user’s continued use of the website and services following such notification shall constitute an agreement by the user to be bound by the said terms and conditions as amended.
By using, accessing, signing up, creating account or otherwise purchasing our products and or services, you represent and warrant that you have read and understood these terms and conditions and will abide by them and further that, you are either 18 years of age or more, or have attained the age of majority applicable in your jurisdiction required to enter into a binding legal agreement.
Account information and Suspension or Termination of Account
Certain Local Fit services permit or require you to create an account (such as a Local Fit account) in order to enjoy additional services and benefits that we provide. It is your sole responsibility to provide and maintain accurate, current and complete information for your accounts including as applicable, your name, contacts and payment information. You promise not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or if applicable, provide false details for a parent or guardian. You are responsible for maintaining the confidentiality and security of your username and password, and you are responsible for all activities under your account that you can reasonably control. You must not share your password or other login information with any person; any use of your account by any person other than yourself is ground for suspension or termination of your account. You must promptly notify us of any unauthorized access or use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Local Fit Services. You agree not to use the account, username or password of any other account holder at any time. Unless caused by Local Fit or our negligence, Local Fit will not be liable for any loss or harm that you incur as a result of someone else using your password or accessing your account on the Local Fit websites If you submit false, inaccurate or incomplete information, violate these terms and conditions, engage in, encourage or advocate for illegal conduct or where we have sufficient grounds to believe that such is the case, we reserve the right, in our sole and absolute discretion, to take steps to verify the accuracy of information you provide or otherwise suspend or terminate your user account and refuse refund, use or future use of our website or services.
Through the Services, we undertake to provide customized nutritional, dietary, wellness and related information services to you personalized according to the information that you provide to us and aimed at informing you more about your diet. To design a personal plan and deliver our services, Local Fit may require you to provide personal information. Information that we may require include but not limited to weight, height, cardio completion rate , personal workout schedule, illness, current nutrition plan and food allergies. To collect such information, Local Fit, through mail or other online service, will send a form to be filled out by the customer. You agree and acknowledge that you will fill out the form and provide the information requested by us and return the form within the provided time limit. You further agree that you must keep track of your morning weight, cardio completion time, “check in’s”, progress pictures and other related activity and submit at the end of every week complete information about such activities. To up-date your plan, you must, within the above-specified time limit, submit complete information as requested by us. The failure to complete the requested information, including morning weight, “check in”, cardio completion time or progress pictures on or before the specified time limit to update your programme will result in non-update of your plan. No refund shall be issued for the failure to up-date your plan within the specified time limit. Upon receiving the information sheet, Local fit will prepare and sent to the customer an invoice for the agreed weight loss programs. Unless otherwise specified, Local fit invoices will be submitted via PayPal. When payment is received, Local Fit will design and send to the customer, a personal plan (spreadsheet) detailing instructions on physical activities, meal plan, work out plan, daily to do list, weight loss monitor chart and the mode of taking progress pictures. You agree and acknowledge that Local fit shall not design or begin any weight loss program or personal plan unless payment is received in full.
Local Fit Services Intellectual property
The Services and its original content, features and functionality are and will remain the exclusive property of The Local Fit Services and its licensors. The Service is protected by copyright, trademark, service marks and other laws of both the United States and foreign countries. Our trademarks, trade secrets and or spreadsheet formats, may not be used in connection with any product or service without the prior written consent of The Local Fit Services.
Local Fit Does Not Provide Any Medical Advice
These terms and conditions, and any information, on this website are provided, in good faith, for support, guidance and educational purposes only. They are not intended or implied, howsoever, as a substitute for advice or relationship between you and your existing physician or other healthcare professional. You should not use the information on these Websites for diagnosing or treating a health problem, disease or condition, or prescribing any medication or other treatment. You should always consult with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem or condition. If you have or suspect that you have a medical problem, you should promptly contact your health care provider for specific information. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website. Information provided on this Website and the use of any products or services purchased by you on our Websites DOES NOT create a doctor-patient relationship between you and any of the physicians affiliated with us. Information and statements regarding dietary supplements available on this site have not been evaluated by the Food and Drug Administration and we do not review, test or endorse any dietary products and supplements that may appear on our website and any such dietary products or supplements are not intended to diagnose, treat, cure, or prevent any disease.
Food Allergy Disclaimer
Local Fit strives to provide accurate nutrition and ingredient information for every product on our menu. We take food safety very seriously; however, there is always a risk of cross-contamination. There is also a possibility that manufacturers of the commercial foods we use could, at their discretion, change the ingredients and nutritional content of their products at any time, without notice. We cannot therefore guarantee the accuracy of the nutritional value or content of each food product. Please be aware that our facility handles nuts and foods that may contain nuts or nut oils. Customers concerned with food allergies need to be aware of these risks and understand that the consumption of foods provided by Local Fit is at their own risk. Local fit shall not be held responsible for any loss, harm or effect resulting from allergies to foods or products used in the Services.
Weight Loss and Health Claims
Local Fit provides weight loss and health information solely for informational purposes and does not, expressly or by implication, guarantee weight loss or health results. Local Fit does no guarantee miracles weigh loss services. To lose weight you must reduce the amount of calories you eat and increase physical activity to burn more calories. Actual results will vary widely from individual to individual. By purchasing from Local Fit, you acknowledge that Local Fit does not make any claims, warrant, condition, guarantees, explicit or implied, for any specific or immediate results. You also acknowledge that, on the contrary, it is possible to gain weight while on a program. Failure to lose weight or meet your desired results will not be ground for a refund or to seek any damages against Local Fit. Local Fit does not imply, suggest or represent that any of our programs have been approved for any individual use by one of our doctors, medical staff, supervisors or staff members. Certain LOCAL FIT PROGRAMS ARE NOT MEDICALLY SUPERVISED OR ENDORSED PROGRAMS. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND IN SOME CASES REQUIRE YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO STARTING A PROGRAM.
Please note that nutritional information on our site reflects recent updates to meals based on evolving ingredients.
The payment pages used at Local Fit are secured with SSL website encryption. When you submit your contact details or credit card information, such information is encrypted by Local Fit so that it not readable by any party. We accept the following methods of payment: MasterCard, VISA, VISA Debit, VISA Electron, Maestro and PayPal. Upon payment, you will be asked to select your desired payment option, where you will proceed onto the next page to enter your card details securely. Depending on the type of card you are using for payment, you may be asked to enter further details for extra security of the transaction that is taking place. Any such additional request of information comes directly from your card issuer and may relate to the password or name that identifies you as the authorised user of the card. If you do not have a password set up with your card issuer, you can create one during the transaction. So as to prevent fraud and maintain security, both credit card and debit card holders are subject to validation and authorization by the card issuer and us. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. It is your responsibility to familiarize yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. When using a discount code for the Local Fit website, no more than one discount code can be used at the same time. Discounts cannot be combined with any other special offers. The Local Fit checkout system will only use the latest one you have entered.
If you cancel your order while you have already paid for the goods (but they have not yet been dispatched), you may recieve a refund at our discretion depending on the completion of the program that has been drafted for the client.
If you wish to cancel your subscription, you must give a minimum of 7 days’ notice for the cancellation to be effective. Failure to give the required 7 days’ notice means that the next payment will be drawn and you will not receive the next month’s subscription. Request or notice of cancellation shall be sent via mail to firstname.lastname@example.org
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Once a program has been drafted and the first session has been scheduled, service shall be considered underway. Refund policy in respect of the products offered to clients is detailed within the appropriate section of the website. No refund shall be made where you fail or omit to carry out the agreed plan, submit information necessary for updating your program, or fail to show for any personal training sessions. You further agree that where Local Fit fails to design, modify or continue to design a personal plan or weight loss program due to your omission or failure to submit required information, you shall not be entitled to any refund.
Comments and Submissions
We appreciate your comments and feedback about our website, service and/or products. Please note that by providing comments, ideas or suggestions to us, at our request or on your own, you grant to us and our affiliates and assigns a non-exclusive, unconditional, transferable, irrevocable, worldwide, royalty-free, perpetual license and right to use, modify, reproduce, adapt, disclose, translate, publish and distribute such submissions or content in whole or in part for any purpose and in any form, without restriction, without compensating you in any way and without right of attribution. If you do not wish to grant us such rights, we request that you do not send us or post comments or other submissions, particularly any information you consider to be confidential, private or original creative material, such as scripts, story ideas, photographs or original artwork.
You acknowledge and agree that the services, products and any information presented to you through this website or under these terms and conditions, contains proprietary information that is protected by protected by copyrights, trademarks, service marks and/or other proprietary rights and laws, applicable intellectual property and other laws. Except as expressly authorised by Local Fit or our licensors, you agree not to modify, rent, lease, loan, sell, transmit, publish, distribute or create, in whole or in part, any derivative works based on our website, services or products.
Links from this website
These terms and conditions apply to this website and our services and products and not to any other website of any person or entity. We may provide links to other websites or resources. We do not monitor, endorse or review the content of other party’s websites or resources. You expressly agree that we do not endorse, warrant or guarantee the availability, authorship, accuracy, safety, security, reliability of such external sites, materials or resources which are linked to from this website. You further acknowledge that we are not responsible for the privacy policies or practices, content, advertising, materials, products, goods or services offered at such sites. You agree that under no circumstances will Local Fit be held responsible or liable for any loss, harm or damage howsoever caused or alleged to have been caused to you in connection with or resulting from your use of or reliance on any content or disclosure of personal information to such external sites.
Disclaimers and Limitation of Liability
Please note the following disclaimers and limitation of liability. Local Fit publishes information on its Site as a convenience to its visitors. While Local Fit attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without prior notice (including, without limitation, after you have submitted a purchase order or created account). Local Fit does not claim that the information in the Sites is appropriate to your jurisdiction or that the products described in its Shopping Site will be available for purchase in all jurisdictions and at all times.
PLEASE NOTE THE INFORMATION, PRODUCTS, SERVICES, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED OR RELIED UPON FROM OR VIA THE SITES, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LOCAL FIT DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. LOCAL FIT MAKES NO WARRANTY THAT THE SITE WILL MEET USERS AND/OR MEMBERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, HARM OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Local Fit makes no warranties of any kind regarding any non- Local Fit sites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and Local Fit makes no representations or warranties with regard to the accuracy, availability, security, suitability or safety of information provided in such non- Local Fit sites. Further, Local Fit bears no responsibility for the privacy policies or practices of such non- Local Fit sites. Local Fit does not endorse, recommend, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Sites. IN NO EVENT SHALL LOCAL FIT, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITES OR THE CONTENT OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF LOCAL FIT OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Local Fit, its directors, stockholders, officers, employees, agents, licensors, suppliers and affiliates, from and against any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees and expenses, in any way arising from, related to or in connection with the use of the Site, services, products, violation of these Terms and conditions or the posting or transmission of any materials on or through the Site by you (or any other person accessing the site through your account), including, but not limited to, any third-party claim that any information or materials infringes any third party proprietary right.
You acknowledge and agree that this Agreement shall be governed by and be construed in accordance with the laws of the United State of America, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the courts of California, USA. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Websites, Services or these Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.