Terms and Conditions

Terms and Conditions 2017-09-07T14:02:23+00:00

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you must not use this website.

Definitions

“Agreement” means these Terms and Conditions;

“Myolean Fitness” is the trade name for Myolean Fitness and it refers to our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context of the word;

“Service” refers to the services that we provide through our Site, including our blog, health and fitness-related books, products, and other services, and the Site itself;

“Site” refers to our website, www.myoleanfitnes.com;

“User” refers to anyone who accesses our Site or uses our Service, regardless of whether such access involves any remuneration to any party;

“You” refers to you, the person who is entering into this Agreement with Myolean Fitness.

“Your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

  • You must not be in violation of any laws of any countries having jurisdiction over this Agreement, Myolean Fitness, and yourself.
  • To use any paid portion of our Service, you must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
  • To use any unpaid portion of this Service, you must be at least 13 years of age. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age.
  • You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.

Amendements

We may amend this Agreement from time to time.  When we amend this Agreement, we will post the changes here.  You must read this page each time you visit our Site, and if you do not agree to the current version, you must cease using our Service immediately.

License to use website

Unless otherwise stated, Myolean Fitness and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Myolean Fitness’ express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Myolean Fitness’ express written consent.

Restricted access

Access to certain areas of this website is restricted. Myolean Fitness reserves the right to restrict access to areas of this website, or indeed this entire website, at Myolean Fitness’ discretion.

If Myolean Fitness provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Myolean Fitness may disable your user ID and password in Myolean Fitness’ sole discretion without notice or explanation.

User content

You grant to Myolean Fitness a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Myolean Fitness the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Myolean Fitness or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Myolean Fitness reserves the right to edit or remove any material submitted to this website, or stored on Myolean Fitness’ servers, or hosted or published upon this website.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this Agreement. You can read our privacy policy in its entirety here.

No advice

Myolean Fitness provides fitness information that it believes to be of use. However, Myolean Fitness’ articles are not written by medical professionals or registered dietitians and should be read for informational purposes only. Individual physiology and psychology varies, so the information and materials on this website may not apply to your specific set of facts and circumstances.

All information is provided for general information purposes only and is not intended to diagnose, treat or cure any health conditions. No information provided should be used as a substitute for medical advice. 

You should consult with a licensed medical doctor prior to engaging in any fitness activities or making any dietary changes recommended by Myolean Fitness, or prior to using any supplements or other nutritional items recommended, to ensure that such practices are safe for you.

If you think you may be suffering from any medical condition you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Myolean Fitness makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Myolean Fitness does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Ordering

By completing and submitting an electronic order form, you are making an offer to purchase goods or services which, if accepted by us, will result in a binding contract. Please note that products will not be sent or services provided until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.

After you have placed your order, you will receive an email to acknowledge your order. It will confirm which products or services you have ordered. This email is not an order acceptance from us.

A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

We do not have to accept your order and, for example, we will not accept your order if:

  • We do not have the products in stock
  • Your payment is not authorized
  • There is an error on our website regarding the price or other details of the products
  • You have cancelled it in accordance with the instructions below

We reserve the right to refuse any order.

Delivery

Within 48 hours of purchase (during the working week), a confirmation email will be sent to the customer acknowledging payment.

Within 2 business days after payment has been authorized, an email including a link to an online questionnaire and a welcome package in PDF form will be sent to the customer.

Within 5 business days of the customer completing the online questionnaire and sending back all the properly filled out forms, an email containing the purchased product (for purchases of one-off products) or the link to their third-party training platform account (for subscriptions to online coaching) will be sent.

At this point, customers who have purchased a one-off product can email us within 7 days at info@myoleanfitness.com for questions, clarifications and to request for changes to be made to their products. Within 5 business days of receiving the email, an email will be sent to the customer with answers to their questions and/or the updated product.

Customers who have purchased online training will be required to create a username and password for logging into their third-party training platform account and accessing their training program and sample meal plan. Once per week for the duration of time of the paid service, email communication will take place between us and the client to assess progress, answer questions and make changes to the client’s training regimen and sample meal plan, as deemed necessary.

Pricing and availability

Unless otherwise stated, all prices are listed in United States dollars and are expressed inclusive of any VAT payable.

While we make every effort to ensure that the products shown on our website are currently available at the price shown, we cannot guarantee that this will always be the case.

The price you pay is the price of the products shown at the time you place your order, even if the price of the product has since changed.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Payments

Payments for all paid services may be made using our third party payment processing provider. Potential customers can pay by Credit Card or Debit Card. All major Credit and Debit cards are accepted.

Myolean Fitness is not responsible for the security of, or the misuse of, credit card or other personal information, or for charges, bank fees, or foreign exchange rates applied by your Credit Card Company and/or financial institution.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Any issues with payment processing should be addressed to your card issuer directly, though you may contact Myolean Fitness as well and we may attempt to assist in resolving issues with your payments.

Failure by the User to use any of the services available for them through their subscription to Myolean Fitness does not relieve the User of their payment obligations under these Terms.

Refunds

Myolean Fitness will issue a refund up to 14 days after the order date, provided that the purchased product or service has not been sent to the customer.

Any requests made after 14 days of the order date or after the purchased product or service has been sent to the customer will not be accepted.

You may contact us at info@myoleanfitness.com to request a refund.

Discounts

Myolean Fitness may, but is not obligated to, provide discounts or coupons for its services.  If any information published or uttered by Myolean Fitness about such offers is conflicting, the terms most beneficial to Myolean Fitness shall take effect.

Discounts and other similar offers are subject to any expiry dates and other applicable limitations.  Myolean Fitness may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

Recurring billing

Some of our subscription plans use recurring billing. All Myolean Fitness payments that include a recurring element and fall due each month require 30 days advance notice to be cancelled. Myolean Fitness reserves the right to request 30 days advance notice prior to the termination of service and payment.

You may cancel the Service by emailing info@myoleanfitness.com.

By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation. Myolean Fitness may submit periodic charges relating to your subscription without further authorization from you, until you cancel your account. Such notice will not affect charges submitted before Myolean Fitness reasonably could act.

Our liability

Myolean Fitness (as well as its employees, agents and representatives) is not engaged in rendering medical advice and does not hold itself out as qualified to do so. Myolean Fitness is not a medically supervised program or a licensed dietetics company.

We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.

Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise your own personal judgment, as well as any other considerations before acting on any of the content provided by us.

Where we provide you with a personalized exercise or meal plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise program. Accordingly any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.

Any personalized plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a personalized plan.

Any personalized plan created by Myolean Fitness is simply a recommendation and you are volunteering to participate or follow advice, meal plans or exercises suggestions.

The information set out in any personalized plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.

Specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You have therefore specified any food allergies or sensitivities you are aware of.

Specific foods may interact with certain medications. You have discussed such food reactions and the side effects of all of your medications with your doctor or pharmacist and do not hold Myolean Fitness responsible for food and medication reactions. You also understand the diet plan you receive will not take my medications into consideration. If you are on medications, you are responsible to consult with your doctor before starting a new diet plan.

If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from your physician before participating in the specific exercise or nutrition program designed for you by us.

Limitations of liability

Myolean Fitness will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Myolean Fitness has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Myolean Fitness’ liability in respect of any:

  • death or personal injury caused by Myolean Fitness’ negligence;
  • fraud or fraudulent misrepresentation on the part of Myolean Fitness; or
  • matter which it would be illegal or unlawful for Myolean Fitness to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Expected results

While we believe that, for most people, following our programs and methods will lead to desired results, all exercise programs depend on the individual. Results will be affected by the effort and commitment of the individual. However, in some circumstances, even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:

  1. the effectiveness of any techniques, diets or programs that we deliver; or

  2. the results that you may achieve as a result of following our programs.

All testimonials shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve. Rather, they are included as examples of the results that particular individuals have achieved.

Third-party tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Third-party links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Myolean Fitness has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Myolean Fitness’ officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Myolean Fitness’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Myolean Fitness.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Myolean Fitness and undertake to keep Myolean Fitness indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Myolean Fitness to a third party in settlement of a claim or dispute on the advice of Myolean Fitness’ legal advisers) incurred or suffered by Myolean Fitness arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Myolean Fitness’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Myolean Fitness may take such action as Myolean Fitness deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Myolean Fitness may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Myolean Fitness may transfer, sub-contract or otherwise deal with Myolean Fitness’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Myolean Fitness shall have the sole right to elect which provision remains in force.

Termination and cancellation

We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases.  Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

Entire agreement

These terms and conditions constitute the entire agreement between you and Myolean Fitness in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of Cyprus, and any disputes relating to these terms and conditions will be subject to the courts of Cyprus. The offer and acceptance of this contract are deemed to have occurred in the Republic of Cyprus.

Myolean Fitness’ details

The full name of Myolean Fitness is Myolean Fitness.

We are registered in Cyprus, and our registration number is 46286.

Myolean Fitness’ address is Markou Mpotsari 9, Flat 203, Engomi, 2415, Nicosia, Cyprus.

You can contact Myolean Fitness by email to info@myoleanfitness.com or by telephone at (+357) 99740780.

COPYRIGHT NOTICE

Copyright © 2016-2017 Myolean Fitness

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Myolean Fitness.

Copyright license

Myolean Fitness grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory; and
  • print pages from this website for your own personal and non-commercial use.

Myolean Fitness does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Myolean Fitness’ prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to info@myoleanfitness.com.

Enforcement of copyright

Myolean Fitness takes the protection of its copyright very seriously.

If Myolean Fitness discovers that you have used its copyright materials in contravention of the license above, Myolean Fitness may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

If you become aware of any use of Myolean Fitness’ copyright materials that contravenes or may contravene the license above, please report this by email to info@myoleanfitness.com.

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to info@myoleanfitness.com.

COOKIES POLICY

About cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience.  By using this website and agreeing to this policy, you consent to Myolean Fitness’ use of cookies in accordance with the terms of this policy.

For more general information on cookies see the Wikipedia article on HTTP Cookies.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

The Cookies We Set

This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

For more information on Google Analytics cookies, see the official Google Analytics page.

Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.

From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

As we sell products it’s important for us to understand statistics about how many of the visitors to our site actually make a purchase and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.

The Google AdSense service we use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.

For more information on Google AdSense see the official Google AdSense privacy FAQ.

We use adverts to offset the costs of running this site and provide funding for further development. The behavioural advertising cookies used by this site are designed to ensure that we provide you with the most relevant adverts where possible by anonymously tracking your interests and presenting similar things that may be of interest.

In some cases we may provide you with custom content based on what you tell us about yourself either directly or indirectly by linking a social media account. These types of cookies simply allow us to provide you with content that we feel may be of interest to you.

Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.

We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, Twitter, Instagram, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore, it is recommended that you do not disable cookies.

Contact Myolean Fitness

If you have any questions about our cookie policy, please write by email to info@myoleanfitness.com.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.