TERMS & CONDITIONS
Last Edited: 24th May 2021
The Best Body Co. website allows users to receive information about Best Body Co. (including e-mail newsletters), interact with other members or visitors to the Best Body Co. website, and register interest for services offered at Best Body Co. facilities. The services (“Best Body Co. Services”) offered by Best Body Co. include but are not limited to the www.bestbodyco.com website, which is hosted in the United Arab Emirates.
These terms and conditions (“Terms of Service”) set forth the legally binding terms for your use of the Best Body Co. Services. By using the Best Body Co. Services, you agree to be bound by these Terms of Service, whether you are a “Visitor” (which means that you simply browse the Best Body Co. website) or you are a “Member” (which means that you have registered with Best Body Co. and/or purchased one or more Best Body Co. Services). The term “User” refers to a Visitor or a Member. You are only authorized to use the Best Body Co. Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Best Body Co. website and discontinue use of the Best Body Co. Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version, which will always be posted at www.bestbodyco.com. Best Body Co. may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
BEST BODY CO. WEBSITE
These Terms of Service apply to all Users of the Best Body Co. website. The Best Body Co. website may contain links to third party websites that are not owned or controlled by Best Body Co. Best Body Co. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including privacy and data gathering practices. In addition, Best Body Co. will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve and release Best Body Co. from any and all liability arising from your use of any third party website.
BEST BODY CO. ACCOUNTS
In order to access some features of the website, you will have to provide Best Body Co. with your email address. You may never use another person’s email address without permission. When submitting your email address and personal details, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account when you provide your email and personal details. You must notify Best Body Co. immediately of any breach of security or unauthorized use of your account.
Although Best Body Co. will not be liable for your losses caused by any unauthorized use of your email account, you may be liable for the losses of Best Body Co. or others due to such unauthorized use.
you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.
These Terms of Service shall remain in full force and effect while you use the Best Body Co. Services or are a Member. You may terminate your membership at any time, for any reason, by informing Best Body Co. in writing via email at email@example.com. Best Body Co. may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that Best Body Co. charges fees for its services, and Best Body Co. reserves the right to change its fees from time to time in its discretion. If Best Body Co. terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
i. The Best Body Co. 6-in-4 Challenge offers members a 4-week fitness bootcamp consisting of 5 x group exercise classes per week in addition to a nutrition guide and meal plan, body measurements guide and a private WhatsApp community for members only for any questions and support required relating to exercise and diet.
ii. The 6-in-4 Challenge program is a subscription-based service where members select 1 specific class time and location to attend. Members may not swap into another location or class time under any circumstances due to limited class size and capacity.
iii. Members who have signed up for the 4 week program – your classes will expire at the end of the challenge and cannot be paused on carried over under any circumstances. If a member has signed up for less than 4 weeks – classes will expire at the end of the agreed duration of the subscription, which must be communicated in writing via email or WhatsApp.
iv. If a member has booked any work or leisure related travel which falls within the challenge dates, this must be communicated to Best Body Co. prior to the date of the first class in order to be eligible for a membership pause for the given travel period. Any paused subscription must be redeemed in the next consecutive challenge cycle, otherwise will expire and no refunds will be provided.
v. Any ad-hoc travel for work or leisure that falls within the challenge dates (that is not pre-planned and not communicated to Best Body Co. prior to the first class of the challenge cycle) is not eligible for a membership pause or transfer to another cycle under any circumstances, to be determined at the discretion of Best Body Co.
vii. For medical emergencies, injuries or any other extenuating circumstances, any refunds or pauses to your membership will be decided at the discretion of Best Body Co., upon receiving proof of medical certificate or PCR results. This includes cases of COVID-19 or where quarantine is required by affected family members or members of the same household. Best Body Co. will retain a processing and admin for of AED 500 + 5% VAT for the Education Materials (nutrition guide and meal plan) and only the balance will be refunded in exceptional circumstances.
viii. If members have missed any classes for whatever reason within the period of your subscription, these missed classes will not carry over to the next cycle and members agree to take full responsibility for their own attendance.
ix. Members agree to respect the rules and regulations of the chosen gym partner venue. Access to the shower, toilet, change room and locker facilities is permitted during the program either before and/or after class. Members will need to supply their own water bottles and towels for the classes.
- The full price of the program is AED 1499 + 5% VAT for 4 weeks; the Early Bird Special price is AED 1299 + 5% VAT and must be paid for in full at least 2 weeks prior to the challenge start date, without exception
- Payment to participate in the 6-in-4 Challenge must be paid prior to the cycle commencing (on or before the first class, if places are still available) via cash, direct bank transfer or online credit card payment via MamoPay. Please note that credit card payment incurs a 3% surcharge.
- After payment has been made, the challenge is non-refundable and non-transferrable to another person or a later challenge cycle, under any circumstances.
Termination of a membership can happen at any time, if Best Body Co. determines any suspicious or unethical behaviour, however, no refunds will be given.
i. You are respectfully requested to leave the facility punctually at time of closing. Opening and closing times are displayed in the facility reception and also on the website.
ii. With the exception of bringing water to an exercise class, you must not consume any food or drink inside the facility that you have bought in from outside. You may not bring, use or be under the influence of illegal drugs or alcohol while at the classes.
iii. Smoking is prohibited in all areas of the facilities.
iv. We reserve the right to show potential Members and other individuals the facilities or allow them access on a trial basis.
v. We reserve the right to use any individual or group photographs or movie shots of you for press or promotional purposes. With your written permission, we may use your before and after transformation photos for marketing and promotional purposes. In this event, your privacy and anonymity will be protected at all times and only pictures of your body will be shown for marketing purposes.
vi. You may not bring pets (other than guide dogs) into the facilities.
vii. You should conduct yourself in a well-mannered fashion when in the facility, so as not to impair the use and enjoyment of the facilities by any other person. In particular, you may not use foul, loud or abusive language, nor will you molest or harass other members, guests, visitors or members of staff.
viii. We may terminate your Membership (if applicable) and may eject you and refuse you re-entry to the facilities if you commit a serious or repeated breach of these Rules or your Membership contract (if applicable) or you engage in any other serious misconduct.
GYM & STUDIO ATTENDANCE
i. You must complete an Online Health and Fitness Questionnaire before participating in any gym activity, studio or exercise class for the first time.
ii. Appropriate clean exercise clothing and shoes must be worn whilst exercising.
iii. You are asked to arrive at the facility five (5) minutes prior or at least on-time to any class. We reserve the right to refuse your entry to the class if you are more than five (5) minutes late to class and miss the warm-up, for your own health and safety.
iv. You may not attend the facility whilst under the influence of alcohol or anticoagulant, antihistamines, beta-blockers, narcotics, or tranquilizers. If you have high or low blood pressure, heart disease and/or diabetes you should consult your doctor prior to becoming a member of the facility.
i. Classes must be pre-booked to ensure your place is reserved in a given class. You will attend your pre-booked class time and location only. We reserve the right to limit your participation to no more than one exercise class per day during periods of excessively high demand or popularity.
ii. Class timetables and instructors are subject to change from time to time without notice.
iii. For your safety and so as not to disturb classes, you are requested to arrive in good time. Instructors reserve the right to refuse class entrance to anyone arriving more than five (5) minutes late.
iv. Where, in the opinion of an instructor, a class is overcrowded, the instructor may restrict the number of attendees at that class. An instructor may, at any time, ask you to leave a class if you are jeopardizing the safety or enjoyment of others.
v. No more than 20 persons are permitted in any given class. Places will be given to pre-booked members before any other members. Any pre-booked members arriving late for a class, will forfeit their space.
LOCKERS (WHERE AVAILABLE)
i. Lockers are made available subject to availability. Best Body Co. does not undertake that use of a locker will guarantee that no theft of or damage to your property will occur. You should check that your household contents or other insurance policy protects you against any risk of theft.
ii. Lockers are available for use only whilst you are using the facilities at that time. Lockers must be cleared by members after each visit.
iii. Locker keys remain the property of the respective gym and locker keys must not be taken from the premises at any time. A replacement fee shall be charged for any loss of locker key.
i. We will not be held accountable for missed classes due to parking availability.
HEALTH & SAFETY
i. Participation in any of the activities at the facility or with Best Body Co. is at the members’ & guests’ own risk and as such are advised to consult a medical practitioner prior to commencing any physical exercise.
ii. Best Body Co. accepts no responsibility for loss or damage to a member’s or their guests’s property or for death/injuries sustained while participating in any activities or classes provided by Best Body Co. Members and their guests agree that no claims will be made against the company, Best Body Co., the management or staff for any reason whatsoever.
GENERAL USE OF THE WEBSITE — PERMISSIONS AND RESTRICTIONS
Best Body Co. hereby grants you permission to access and use the website as set forth in these Terms of Service, provided that you agree not to distribute in any medium any part of the website, emailers or educational material, without Best Body Co.’s prior written authorization and you agree not to alter or modify any part of the website or any of its related technologies.
You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
Best Body Co. reserves the right to discontinue any aspect of the Best Body Co. website at any time.
YOUR USE OF CONTENT ON THE SITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Best Body Co. website.
The content on the Best Body Co. website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks)”, are owned by or licensed to Best Body Co., subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Best Body Co. reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Best Body Co. website or the Best Body Co. Services, provided by you to Company are non-confidential and shall become the sole property of Best Body Co.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Best Body Co. website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Best Body Co. website or the Content therein.
The Best Body Co. and 6 in 4 Challenge logo and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of Best Body Co. in the UAE and/or other countries for which applications are pending. Best Body Co.’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Best Body Co.
The Best Body Co. Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Best Body Co. Services via your mobile phone, (ii) the ability to receive and reply to Best Body Co. messages, (iii) the ability to browse Best Body Co. from your mobile phone and (iv) the ability to access certain Best Body Co. features through a mobile application you have downloaded and installed on your mobile phone (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Best Body Co. and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
ACCOUNT TERMINATION POLICY
YOU AGREE THAT YOUR USE OF THE BEST BODY CO. WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BEST BODY CO., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BEST BODY CO. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE BEST BODY CO. SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BEST BODY CO. WEBSITE. BEST BODY CO. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BEST BODY CO. WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BEST BODY CO. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE BEST BODY CO. SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND BEST BODY CO. EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BEST BODY CO. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE BEST BODY CO. SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BEST BODY CO., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BEST BODY CO. WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
YOU SPECIFICALLY ACKNOWLEDGE THAT BEST BODY CO. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU
The website is controlled and offered by Best Body Co. from its facilities in the United Arab Emirates. Best Body Co. makes no representations that the Best Body Co. website is appropriate or available for use in other locations. Those who access or use the Best Body Co. website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Best Body Co., its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Best Body Co. website or your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Best Body Co. website.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Best Body Co. website is not intended for children under 13. If you are under 13 years of age, then please do not use the Best Body Co. website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Best Body Co. without restriction.
GOVERNING LAW; VENUE AND JURISDICTION
You agree that: (i) the Best Body Co. website shall be deemed solely based in Dubau, United Arab Emirates; and (ii) the Best Body Co. website shall be deemed a passive website that does not give rise to personal jurisdiction over Best Body Co., either specific or general, in jurisdictions other than Dubai, United Arab Emirates. These Terms of Service shall be governed by the internal substantive laws of the City of Dubai, without respect to its conflict of laws principles. Any claim or dispute between you and Best Body Co. that arises in whole or in part from the Best Body Co. website shall be decided exclusively by a court of competent jurisdiction located in Dubai, UAE and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non convenes with respect to, venue and jurisdiction in the state and federal courts of Dubai.
Any controversy, claim or dispute arising out of or relating to these Terms of Service will be referred to
and finally settled by private and confidential binding arbitration before a single arbitrator held in Dubai, UAE in English and governed by Dubai law pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dubai and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Best Body Co. website or the Best Body Co. Services, provided by you to Best Body Co. are non-confidential and shall become the sole property of Best Body Co. Best Body Co. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Please contact us at: firstname.lastname@example.org with any questions regarding these Terms of Service.