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Terms and Conditions

Hyfit ltd.
Updated March 2020

 

Regarding Translations: This Terms and Conditions are currently in English, but it may have been translated into various languages is done as a courtesy only. To the best of our knowledge the translation is accurate, but we shall not be liable in the event of any inaccuracy. In the event of a conflict between the English version of this Terms and Conditions against any other version that has been translated into another language, the English version shall prevail.

 

Preface

 

This preface and all other site policies are an inseparable part of these Terms and Conditions and constitute a binding agreement between us, Hyfit ltd. (the “Company”) and you, and all your representatives, directors, officers, employees, third parties, shareholders, operators, attorneys, successors, assigns and sites’ administrators, and it governs such relationship wholly and exclusively, together with the Privacy Policy Statement, and any additional customer agreement as applicable to the use of this site (collectively, the “Terms”).

Please note that the Terms may be changed at any time according to Company’s sole discretion, with or without notice to you. You agree to review these Terms periodically to be aware and updated of such modifications and your continued access and/or use of the site constitute your express acceptance of the modified agreement. Any changes made to the Terms, or any part thereof, will become effective when posted on the site. Revised versions of the Terms and Conditions shall be indicated by the date posted at the top of the Terms and Conditions’ page.

IMPORTANT: BEFORE ACCESSING THE SITE, USING IT, OR MAKING A PURCHASE OF ANY PRODUCT, PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS. THE TERMS GOVERN YOUR ACCESS TO THE SITE, AND ANY CORRESPONDENCE (INCLUDING BY WAY OF EMAIL) WITH THE COMPANY.

IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE THE SITE.

BY CLICKING ‘ACCEPT’, REGISTERING TO THE SITE, PURCHASING ANY PRODUCT OR BY YOUR CONTINUED USE OF THE SITE, YOU CONFIRM AND WARRANT TO THE COMPANY THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM AND UNREVOCABLY AGREE TO BE BOUND BY AND COMPLY WITH THEM, AND THAT THE TERMS AND CONDITIONS, TOGETHER WITH ALL POLICIES ARE AN INSEPARABLE PART OF A BINDING AGREEMENT BETWEEN YOU AND US, REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER TO THE SITE AND/OR ANY OF THE SERVICES PROVIDED.

YOU FURTHER REPRESENT THAT YOU ARE ABOVE 18, AND THAT YOU HAVE FULL LEGAL CAPACITY TO ENTER INTO LEGALLY BINDING AGREEMENTS.

 

Limited License Grant

 

IN CONSIDERATION OF YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS, WE HEREBY GRANT YOU A LIMITED, REVOCABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO ACCESS AND USE THE SITE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED HEREIN.

Subject to complying with these Terms and Conditions, you are granted with a permit to download information from the site into your laptop, workstation or computer’s temporary memory (RAM) and print materials and information from the site solely for your personal non-commercial use, provided that all hard copies contain all copyright and other applicable notices.

 

Restrictions on Use

 

The foregoing license is limited. You may not:

copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the site in any way;

create a browser, frame, border environment or GUI around the site;

manipulate or otherwise circumvent any portion of the site, including without limitation, access some portion of the site which is available only to users who pay for such access, or limitations on access or use thereof in or from any restricted territory;

interfere with or violate other users’ rights to privacy and other rights, harvest or collect data and information about other users without their express consent in any way;

falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false information about the site;

transmit, distribute, display or otherwise make available through or regarding the site any content, including user-generated content, which may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content;

use any “deep link,” “page scrape”, “robot”, “spider”, “data mining”, etc., practice “bandwidth theft”, use offline browsing plug-ins and software, download or apply batch download and any access via any software except for the main, common and official web browsers. Further forbidden is any other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the site or in any way reproduce or circumvent the site or any part thereof, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the site;

probe, scan or test the vulnerability of the site, its security, or of any network connected to the site; use cheats and exploits; attempt to breach, violate or circumvent the security or authentication measures on the site, network or account, or any network connected to the site; attempt to interfere with Company’s networks, servers or equipment; attempt to gain unauthorized access to any portion or feature of the site, including without limitation, the account of any other authorized user, any other systems or networks connected to the site or its servers, or to any of the services offered on or through the site; access data not intended to the you as a recipient, including logging onto a server where access is not authorized, all – by hacking, password “mining”, or any other legitimate, illegitimate or prohibited means;

reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the site;

take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site, the system, networks, or any systems or networks connected thereto;

impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the site;

engage in any act that deems to be in conflict with the spirit or intent of the site and services;

market, present yourself as a partner, present the site as your own or as a private label, use the Hyfit name or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the site, in whole or in part, without the express, separate and prior written permission of the Company;

send, knowingly receive, upload, download, use or otherwise disseminate any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy and/or any other rights of any third party;

cause annoyance, inconvenience or anxiety;

cause spamming, sending or provision of unsolicited advertising or promotional material;

assist or become involved in any type of attack; attempt to interfere with the proper working of the site and access or usage to any user, host or network. This includes without limitation flooding of networks; DOS (denial of service) attacks of any sort, attempts to overload a service and attempts to crash a host, attempt to abuse, manipulate or benefit from an error, software bug, security backdoor or breach, latency differences, circumvent or exploit the services or systems, transmitting e-mails, code or files which contain computer viruses, corrupted data, trojan horses or tools which compromise the security of web sites or user data, including but not limited to spyware and malware of any sort;

creating or maintaining any link from another site to any page on this site, running or displaying this site or any information or material displayed on this site in frames or through similar means on another site. Any permitted links to this site must comply will all applicable laws, rules and regulations and ethical conduct on the internet.

provide any false, inaccurate, untrue, or incomplete information; or

use the site in any other unlawful manner or in a manner that could be perceived to damage or otherwise may have a negative impact on the Company or the site.

If you or any other person violate any term of these Terms and Conditions, the Company may, at its sole discretion, without notice and without any liability to the Company, its clients, the site’s users or any other party:

Require clarifications, authentications, documentations or other proof or details relevant to an investigation;
Terminate your user license and prevent you from accessing your account, the site, its system, services and/or Company software;
Repair, rectify and/or rollback your actions to perform restitution for the Company, the site or a third party;
Refund any payment to you, offset, deduct and/or confiscate contributions and/or information at our the Company’s sole discretion; or
Take any action as it considers appropriate;

The exercise of the above-mentioned rights will not require us to compensate you or any other third party for any losses, and we shall hold no liability for these actions.

 

Intellectual Property Right

 

“Intellectual Property Rights” means all intellectual property rights and includes (i) copyrights to any source code or object code or other code which is not open-source, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, domains, technology, documentation and interactive features, including the Company’s website content, and any derivative works or enhancements of the same (ii) designs and industrial designs, (iii) trademarks, service marks, trade dress and similar rights, (iv) know-how, trade secrets and confidential information, and (v) other proprietary rights.

All Intellectual Property Rights are owned, licensed, registered or otherwise pending licensing or registration to the Company, and are subject to copyright and other applicable intellectual property rights under local laws, foreign laws and international conventions.

The site’s domain, the Company’s logo, and all other names, logos and icons identifying the site, publications, products or services referenced herein or presented on the site are the exclusive trademarks or service-marks of the Company and are protected by law. Certain trademarks, trade names, service marks and logos used or displayed on this site are registered and unregistered trademarks, trade names and service marks of the Company and/or it’s third-party providers.

ANY USE OF SUCH TRADEMARKS, TRADE NAMES, SERVICE MARKS OR LOGOS, WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION FROM THE RELEVANT RIGHTS HOLDER, IS STRICTLY PROHIBITED.

YOU MAY NOT MODIFY, COPY, STORE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, LICENSE, SUBLICENSE, DISPLAY, RENT, LEASE, SELL, COMMERCIALLY EXPLOIT, DISTRIBUTE, REPRODUCE, TRANSLATE, DECOMPILE, DISASSEMBLE, CREATE ANY DERIVATIVE WORK OF, PUBLISH, PUBLICLY DISPLAY, PERFORM, OR OTHERWISE USE, ANY INFORMATION, DATA, INTELLECTUAL PROPERTY OR MATERIALS PROVIDED BY THE COMPANY THROUGH THE SITE, IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS AND CONDITIONS. ANY UNAUTHORIZED USE OF ANY SUCH INFORMATION OR MATERIALS MAY VIOLATE THIS TERMS AND CONDITIONS AND COPYRIGHT LAWS, TRADEMARK LAWS, LAWS OF PRIVACY AND PUBLICITY, OR OTHER LAWS AND REGULATIONS. NOTHING CONTAINED ON THIS SITE GRANTS OR SHOULD BE CONSTRUED AS GRANTING, EXPRESSLY OR BY IMPLICATION, ANY LICENSE OR RIGHT TO USE ANY OF THE COMPANYS’ INTELLECTUAL PROPERTY RIGHTS, WITHOUT OUR PRIOR WRITTEN PERMISSION, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Information contained on the site, including but not limited to text and images herein (other than certain images licensed from third-parties) and their arrangement, are copyright ©2018 by us. All rights reserved. Accordingly, the information and materials contained in the site may not be copied, displayed, distributed, licensed, modified, published, sold, used to create derivative work or otherwise used for public or commercial purposes without our express written permission.

 

Information Submitted

 

The information and materials you provide to us through the site or email shall be deemed to be the property of our company and may be used by us in any manner that fits with our Privacy Policy Statement. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in such information or materials for any purpose whatsoever, including but not limited to developing, manufacturing and marketing purposes. Application information submitted to us shall be treated confidentially to the extent required by applicable law or as disclosed in the application and/or supporting materials.

 

No Warranties for Site Use

 

THE SITE IS BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND FOR ITS USE. YOU UNDERSTAND AND AGREE TO ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.

While we endeavor to ensure that this site is available 24 hours a day, we shall not be liable if for any reason this site is unavailable at any time or for any period. We do not guarantee that you will be able to access the site at any time and location. We do not warrant that the site will be uninterrupted, inaccurate or error-free, and you expressly release us from any claim of harm resulting from a cause beyond our reasonable control, including but not limited to having failure of electronic, mechanical equipment or communication lines for any reason, telephone or other communication problems, computer viruses, unauthorized access, theft and other malicious actions against the site, force majeure event such as severe weather, earthquakes or other act of God, flood, extraordinary weather conditions, fire, strikes, labor dispute, wars, or governmental restriction or action, riot, insurrection, accident, communications or power failure, equipment or software malfunction. We do not warrant that defects in the site will be corrected. The site may, at any time and at our sole discretion, be off-line for maintenance or for any other reason.

 

Limitation of Liability

 

In no event will the Company be liable for any incidental, consequential, indirect, punitive, or special damages or any loss of income, profits, goodwill, data, contracts, use of money, arising out of or in any way connected with:

the use of or inability to use the site or its service;
any information provided or downloaded from the site;
any delay of such information or service, even if we have been advised in advance of the possibility of such damages;
the issuing, change or interpretation of any law or governmental or regulatory requirement and shall not be held liable for any loss you may suffer as a result thereof;
your downloading of any material from this site; or
any provision in these Terms and Conditions in which a limitation of liability has been explicitly stipulated.

We reserve the right to suspend, modify, remove and/or add any information in our sole discretion and without notice. In the event of such suspension, modification, removal or addition of any information for any reason, we will not be liable in any way to you.

 

Breach of Security

 

If you become aware of a breach or potential breach of security with respect to any personal identifying information provided to or made available by us, or any unauthorized hacking of the site, please immediately notify us of such breach or potential breach, and enable us to comply with any applicable laws requiring the report on a security breach, which may requires supplying personal identifying information.

 

Prices

 

The price on the site do not include import duties, taxes transfer fees, and other government charges, which are your responsibility.

Prices will be presented on the site in in U.S Dollars for convenience purposes, but without creating any connection to the U.S particularly.

Payments to us with Credit Card

We collect payments with [Strip & PayPal] payment processor (website: https://www.hyfitgear.com/).

All transactions with credit card will be processed in U.S Dollars. The Company is endeavoring to have all pricings uniform on the site. However, prices appearing on the billing page are the final prices, notwithstanding any contradiction in other places in the site, and any contradicting information shall not be deemed as a representation on behalf of the Company. The Company reserves the right to change pricing at any time without prior notice.

We accept MasterCard and Visa credit cards. If you do not have a credit card please utilize one of the other payment options which are available at that time on the site, or simply log off and return to the site at a later time to complete your order.

 

Credit Card Security Policy

 

we do not have access to your credit details. [Strip & PayPal] process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The Company registration documents and the site’s registered domain name are checked and verified by [Strip & PayPal], ensuring the cardholder us that nobody can impersonate [Strip & PayPal] to obtain confidential information.

[Strip & PayPal] is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. [Strip & PayPal] Internet servers are protected by firewalls and intrusion detection systems. [Strip & PayPal] continually reviews and enhances its security in line with technological changes

 

Shipping and Delivery

 

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non­refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

 

Return and Refund Policy

 

We hope you will be pleased with your purchase. Should you wish to return anything bought from us, we will be happy to refund or exchange a product provided it is in a fully resalable condition and the package has not been damaged.

Returns should be made in a resalable condition, within 14 days and in original, undamaged packaging. If we find that the product has not been returned us in fully resalable condition, we reserve the right to refuse a refund on the item.

If we request, you should also provide us with the receipt or proof of purchase.

If you are returning an item because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you, and pay your costs of returning it to us.

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

 

Username and Password Policy

 

Registration as an authorized user for access to certain areas of the site may require a user name and password. Only one authorized user can use one user name and password and account, and users may not make commercial and/or serial and/or automated use of the site. Multiple accounts registered by the same individual or entity is not permitted and may result in one, some or all accounts being closed by us. By using the site, you agree to keep your user name and password as confidential information. You also agree not to use another authorized user’s account. Should you become aware of any loss or theft of your password or any unauthorized use of your name and password, you must immediately notify us. We also reserve the right to delete or change (with notice) a user name or password at any time and for any reason.

The Company will not be liable for any loss or damages caused by the theft, or any unauthorized use of your username and password, whether you reported it to the Company or not.

Alternatively, we use Google Account login procedure, as a social network login. In using your social network login, you understand that we will have access to and will keep certain information from your Google Account. Remember that you are responsible for the activity that happens on or through your account.

 

Feedback and Submissions

 

Registered site users may have the opportunity to submit feedback and information regarding their purchase experience through the site, services or software. Such information is submitted on a voluntary basis.

 

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