Terms & Conditions – bfitbhappy

Welcome to bfitbhappy.com (“Site”). The owner and operator of the Site is Be Fit Be Happy Owned By BFITBHAPPY FZ LLC, a limited liability company registered in the United Arab Emirates (“UAE”) under license number 16384/2020 (“we”, “our” or “us”).

These Terms of Use and all policies and additional terms (if applicable) posted on the Site set out the terms on which we offer you access to and use of our Site, services and applications including our mobile application (collectively, the “Services”). These Legal Documents are incorporated by reference into these Terms of Use.

By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use and the Legal Documents with immediate effect. These Terms of Use and the Legal Documents are subject to change by us at any time. Your continued use of the Site following any such change constitutes your agreement to these Terms of Use and Legal Documents as so modified.

References in these Terms of Use to “you” (or similar) are references to you as an individual or legal entity as the case may be.

About our site

The Site is an e-commerce platform that allows individuals and enterprise entities to buy products.

We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.

Eligibility and registration Requirements
1. You are eligible to register as a buyer and benefit from the Services if you meet the following eligibility criteria:
  1. 1. you are above the legal age for purchasing products in your country of residence; and
    2. you are able to provide an address in the UAE for delivery of products.
2. In order to register to the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity.
3. Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with clause 6 of these Terms of Use.
Your obligations
1. When using or accessing the Services, you agree that you:
  1. are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;
  2. agree to immediately notify us of any unauthorised use of your password or account or any other breach of security;
  3. will provide true, accurate, current and complete information about yourself and your use of the Services as required by us;
  4. will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
  5. will cooperate with our requests for additional information with respect to your eligibility and usage of our Services.
2. When using or accessing the Services, you agree that you will not:
  1. fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;
  2. take any action that may undermine the Site’s feedback and ratings systems;
  3. distribute viruses or any other technologies that may harm our Services or the interests or property of other users;
intellectual property rights
1. Except for the rights expressly granted under these Terms of Use:
  1. all content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and
  2. all rights, title and interest in and to any information, materials or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property.
2. You agree that you have no right to use any of our trademarks without our prior written consent.
3. All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.
Liability & indemnities
1. Nothing in these Terms of Use shall limit or exclude a party’s liability:
  1. for fraud, including fraudulent misrepresentation, perpetrated by that party;
  2. for death or personal injury caused by the negligence of that party; or
  3. for any other liability that cannot be limited or excluded under applicable law.
2. Subject to clause ‎5.1, in no event will we, our parent company, subsidiaries and affiliates, and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Use for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
3. In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
  1. the content or other information you provide when using the Services;
  2. your use of or your inability to use our Services;
  3. pricing, shipping, format or other guidance provided by us;
  4. delays or disruptions in our Services;
  5. viruses or other malicious software obtained by accessing or linking to our Services;
  6. bugs, errors or inaccuracies of any kind in our Services;
  7. damage to your hardware device from the use of products sold on the Site or our Services;
  8. the content, actions or inactions of third parties using our Services;
  9. a suspension or other action taken by us with respect to your use of the Services;
  10. the duration or manner in which your listings appear in search results; or
  11. your need to modify practices, content or behaviour or your loss of or inability to do business as a result of changes to these Terms of Use.
Suspension, Termination & Cancellation
1. Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw a user’s access to the Services, cancel any product(s) order submitted by you at our sole discretion. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order will be refunded.
REPORTING VIOLATIONS OF THESE TERMS OF USE
1. We are committed to ensuring that listed items and content on our Site comply with these Terms of Use. If you believe that a listed item or content breaches these Terms of Use, please notify us on the details in clause ‎‎8.12 and we will investigate.