Termini e condizioni del servizio
The following additional terms may also apply to you:
Welcome to the DMSPORTSUITE community!
- User account Creation
To use certain features of the Platform, you will need to create a user account(each, a “User Account”) by providing your first and last names, an email address, a password, your date of birth and other information that we may require from time to time. You will also be required to create a username for your User Account in order to access the forum hosted on the Platform. Please provide accurate and current information when creating you User Account.
DMSPORTSUITE may, at its sole discretion:
- Limit the number of account that you may create or maintain;
- Stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or
- Refuse to create a User Account for you.
By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). DMSPORTSUITE is not responsible for any loss or activity that results from unauthorized use of your User Account due to failure to secure your access credentials.
You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the DMSPORTSUITE team in writing at firstname.lastname@example.org of any unauthorized use of your User Account or any other breaches of security.
SUSPENSIONS AND TERMINATION
You can choose to subscribe to the Platform on a monthly basis, or for such other periods that DMSPORTSUITE may offer from time to time, and the applicable fees are set forth on the PDMSPORTSUITE webpage.
Elibibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.
DMSPORTSUITE reserves the right to revise and update the applicable fees for subscription, and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
- Payment details
You can pay the fees for your subscription on the DMSPORTSUITE website either through a credit card, PayPal payment or Stripe payment.
The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform).
When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. DMSPORTSUITE reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.
In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.
- Automatic renewal of subscription
Your subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your profile page and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
USE OF THE PLATFORM
By using the Platform, you confirm that you will not use the Platform for any of the following:
- Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which SWEAT or the User are bound in any jurisdiction applicable to the access and use of the Platform ("Applicable Laws”).
- Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.
- Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.
- Fraud - any act that :(i) attempts to defraud DMSPORTSUITE or any other person; or (ii) provides false, inaccurate or misleading information to DMSPORTSUITE.
AVAILABILITY OF SERVICES, SECURITY
- DMSPORTSUITE shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of DMSPORTSUITE's control. DMSPORTSUITE will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
- You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
- You acknowledge and agree that DMSPORTSUITE shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.
- You must immediately notify the DMSPORTSUITE team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform
INTELLECTUAL PROPERTY, USE LICENCE
All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the Platform and the material published on and through it (except the Contributed Content) are owned by DMSPORTSUITE, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
- USER’S LICENSE TO USE PLATFORM
- you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from DMSPORTSUITE
- you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform; and
- you may not use any data mining, robots or similar data-gathering or extraction methods.
DMSPORTSUITE reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.
- CONTRIBUTED CONTENT
By posting or otherwise providing Contributed Content, you grant DMSPORTSUITE a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.
You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide DMSPORTSUITE with such Contributed Content.
LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY
- Limitation of Liability
Subject to the foregoing, to the maximum extent permitted by Applicable Laws:
in no event shall DMSPORTSUITE, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Associated Parties") be liable for any:
- Indirect or consequential loss; or
To the maximum extent permitted under Applicable Laws, the Platform and any product, service or other item provided by or on behalf of DMSPORTSUITE are provided on an "as is" and "as available" basis and DMSPORTSUITE expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, DMSPORTSUITE does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.
The features on the Platform that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform. To the maximum extent permitted under Applicable Laws, DMSPORTSUITE is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Platform.
To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand DMSPORTSUITE and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:
- Your use of, or conduct in connection with, the Platform;
- The Contributed Content you provide; or
- Your violation of any Applicable Laws or the the rights of any other person or entity.
You will provide DMSPORTSUITE and the Associated Parties with any assistance that DMSPORTSUITE and the Associated Parties reasonably requests in defending any such action or proceeding.
PLACING AN ORDER
You can place an order on the Platform by navigating to the "Shop" tab on the DMSPORTSUITE webpage and following the process for checking out once you have selected the products that you would like to purchase. When using the DMSPORTSUITE webpage, you may need to set your browser to accept both functional cookies and pop-ups in order to be able to use all the functionalities of the Platform, which includes adding items to your shopping cart and placing an order. If there are any errors in your order, please contact the DMSPORTSUITE team immediately, all the digital products ,that after the purchase you may be able to download, are not eligible for refund.After you have submitted an order by checking out on the DMSPORTSUITE webpage, we will send an email acknowledging receipt of your order to the email address that you have provided as part of your opening of your User Account.
DMSPORTSUITE expressly reserves the right to reject your order for any reason, in its sole discretion. Where your order has been rejected, you will not be charged for that order. DMSPORTSUITE also expressly reserves the right to cancel a Contract for the following reasons, without being liable for any damage or costs other than the repayment of the amount received from you in relation to the cancelled Contract:
- You do not meet our eligibility requirements;
- The ordered products are unavailable;
- The billing or shipping information that you have provided is not correct or can not be verified;
No purchase for resale
The digital products (e.g. ebooks, training videos) that are available on the Platform are intended solely for direct sale to end consumers, and therefore the purchase of such digital products for resale (i.e. purchase with the intention for reselling the products to other consumers, business or third parties) is strictly prohibited. DMSPORTSUITE reserves the right to take any action to prevent resale of digital products, including restricting sales to you and cancelling any orders made by you.
Prices and currency
The prices of products in an order will be at the prevailing prices displayed on the Platform when you check out. You will be able to verify the total price of your order prior to placing the order – this total price will include the price of all products as well as applicable shipping costs but exclude the taxes.
While prices for products may change over time on the Platform, these changes will not affect any orders that we have confirmed via an Email Confirmation.
While all payments made on the Platform for products that you order will be charged in United States Dollars (USD) and the invoice that you receive from DMSPORTSUITE will be denominated in USD, you can choose to view the prices of products in your local currency on the Platform. This conversion into your local currency is only for reference and may not always reflect the prevailing market currency conversion rate. Where the credit card or PayPal account that you use to pay for your order is denominated in a currency other than USD, you may be charged administrative and/or currency conversion fees by the applicable bank or service provider – you acknowledge and agree that you will be responsible for any such fees and that the prices listed on the Platform excludes such fees.
You will only be able to make payment for your orders using the methods set out on the order checkout page on the Platform – these methods include PayPal and credit cards (via the Stripe platform). Please do not attempt to use any other payment methods as you may risk the loss of any payments made – DMSPORTSUITE will not be responsible or liable for any such losses.
Upon submitting your order on the DMSPORTSUITE webpage, the PayPal account or credit card (as applicable) that you selected will be charged for the amount of the order (including the applicable shipping charges and taxes).