Termini e condizioni del servizio

 

These Terms of Use are effective as of 30th September 2020

 

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use cover important information about the Platform and any applicable fees. In particular, they include information about future changes to the Terms of Use and Platform, the purchase and renewal of subscription to the Platform, And limitations of liability.

The following additional terms may also apply to you:

  • Products Addendum: the provisions in the Products Addendum form part of the Terms of Use and create a legally binding agreement between you and DMSPORTSUITE in relation to orders that you place for products on the Platform(excluding subscriptions to the Platform).
  • Post-Pregnancy Addendum: the provisions in the Post-Pregnancy addendum form part of the Terms of Use and create a legally binding agreement between you and DMSPORTSUITE where you participate in the post-pregnancy workout plans offered by DMSPORTSUITE on the Platform ( “Post-Pregnancy Peach Program”).
  • Nutrition meal Addendum: the provisions in the Nutrition meal addendum form part of the Terms of Use and create a legally binding agreement between you and DMSPORTSUITE in relations to orders that you place on the Platforms.
  • Additional Terms: If you live in certain countries, the Additional Terms found at the end of these Terms of Use may apply to you. These Additional Terms override the other terms of these Terms of Use below to the extent of any inconsistency.

 

Welcome to the DMSPORTSUITE community!

 

These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time ( tighter, the “Terms of USE”) apply to your use of ( and subscription to) the DMSPORTSUITE website, blog, forum made available to you by DMSPORTSUITE, online shop or one of our other products or services, all of which are part of DMSPORTSUITE’s platform ( the “ PLATFORM”).

These Terms of Use are entered into by and between you as a user (referred to as “User”, “you” or “your”) and Barbifix LLC and its affiliates ( referred to as “DMSPORTSUITE”, “we”, “us”, or “our”), and supersede and replace any terms and conditions of services that you may have previously agreed with DMSPORTSUITE in connection with the Platform.

Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Use. The offering of the Platform to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform.

For more detail about DMSPORTSUITE’s privacy practices, please refer to our Privacy Policy available at the following webpage: https://peachprogram.com/policies/privacy-policy .

 

  • USER
  • Eligibility

   By access or using the Platform, you confirm that are of legal age in                                     your country and not under 16 years old, or you have consent from your parent or guardian, you have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform.

  • 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:

  1. Limit the number of account that you may create or maintain;
  2. Stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or
  3. Refuse to create a User Account for you.

 

SECURITY

 

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 dmsportsuite@gmail.com of any unauthorized use of your User Account or any other breaches of security.

 

SUSPENSIONS AND TERMINATION

 

DMSPORTSUITE will have the right to suspend access to your user Account, or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in this Terms of Use), subject to Applicable Laws.

You acknowledge and agree that these Terms of Use continue to apply even after your User Account expires or is terminated, or where you have stopped using the Platform.

 

SUBSCRIPTION SERVICE

  • Subscription

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 not granted any right to use, and may not use, any of DMSPORTSUITE's Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions:

  • 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

 

Nothing in these Terms of Use shall exclude or restrict DMSPORTSUITE's liability for: (a) death or personal injury resulting from the negligence of DMSPORTSUITE  or its Associated Parties; (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under Applicable Laws.

 

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:

  1. Indirect or consequential loss; or
  2. loss of profit, business opportunity, anticipated savings, revenue or goodwill, in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Platform, or these Terms of Use; and

DMSPORTSUITE and the Associated Parties' aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms of Use in respect of any one or more incidents or occurrences shall be limited to the greater of (a) the total amount of fees received by DMSPORTSUITE or the Associated Parties from you in connection with your use of the Platform in the twelve (12) month period prior to the date of the first incident or series of connected incidents giving rise to a claim made by you under these Terms of Use, and (b) USD 100.00.

 

DISCLAIMER

 

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.

 

INDEMNIFICATION

 

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:

  1. Your use of, or conduct in connection with, the Platform;
  2. Your breach of these Terms of Use or any other policy;
  3. The Contributed Content you provide; or
  4. 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.

 

DMSPORTSUITE may terminate or modify any feature or part of the Platform at any time without notice. DMSPORTSUITE may also revise and update these Terms of Use at any time in its sole discretion by posting an updated Terms of Use on the Platform. All such changes to the Terms of Use are effective immediately when posted to the Platform and apply to all access to and use of the Platform (including orders placed on the Platform) thereafter. Your continued use of the Platform following the posting of such revised Terms of Use constitutes your acceptance and agreement to the changes which are binding on you.

 

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:

  1. You do not meet our eligibility requirements;
  2. The ordered products are unavailable;
  3. 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).