Terms & Conditions

Terms and Conditions – Aflete

Legal company name is Aflete Ltd. Registered in the UK. Referred to as “Aflete” in this agreement.

By accessing or using the Aflete website, the Aflete service, or any applications (including mobile applications) made available by Aflete (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms and Conditions”). The Service is owned or controlled by Aflete. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND AFLETE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. –

Definitions
1 – “Aflete” is the application owned and distributed by Aflete Ltd
2 – “Software” means the Aflete application that a user can use on a computer or supported mobile device in order to utilize the Services; the Software may be downloaded or accessed on the Internet.
3 – “Service” – Aflete provides the service of a platform where users can share content and ideas. This Service provided is subject to the terms and conditions of this Agreement.

General Terms

  1. You must be at least 13 years old to use the Service.
  2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive user content.
  3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Aflete prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Aflete upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. You agree that you will not solicit, collect or use the login credentials of other Aflete users.
  5. You are responsible for keeping your password secret and secure.
  6. Any links shared on Aflete are your responsibility and we take no responsibility for. If your links are not in line with our T&C you will be removed from our service.
  7. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service. If found doing so we would delete your account and report you to the relevant authorities.
  8. You may not use the Service for any illegal or unauthorized purpose.
  9. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
  10. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Aflete
  11. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Aflete users.
  12. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
  13. Violation of these Terms of Use may, in Aflete’s sole discretion, result in termination of your Aflete account. You understand and agree that Aflete cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Aflete, we can stop providing all or part of the Service to you.
  14. Any information read or viewed on our blog or app is at your own risk. We take no responsibility or liability for any damages. Please consult your doctor or health professional at your own discretion
  15. They are no refunds as all purchases are digital which means you receive the content immediately. You agree to not claim through PayPal or Stripe and all claims will be void.

General Conditions

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Aflete account by emailing our support team.
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms.
  4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  5. We reserve the right to force forfeiture of any username for any reason.
  6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Aflete is not responsible or liable for the conduct of any user. Aflete reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  8. Any advice given, shared or received between users is at their own discretion. Aflete does not endorse or except liability of such content.
  9. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse.
  10. By using connecting to social media (third party) Applications through our service, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Aflete has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Aflete Parties (defined below) harmless for activity related to the Application.
  11. You agree that you are responsible for all data charges you incur through use of the Service.
  12. They are no refunds on purchases unless there was a technical issue leading to you not recieving your product.

Rights & Ownership

  1. Aflete does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Aflete a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to our Privacy Policy.
  2. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  3. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  4. The Service contains content owned or licensed by Aflete (“Aflete Content”). Aflete Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Aflete, Aflete owns and retains all rights in the Aflete Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Aflete Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Aflete Content.
  5. The Aflete name and logo are trademarks of Aflete Ltd, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Aflete. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Aflete, and may not be copied, imitated or used, in whole or in part, without prior written permission from Aflete.
  6. Although it is Aflete’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
  7. Aflete will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  8. You agree that Aflete is not responsible for, and does not endorse, Content posted within the Service. Aflete does not have any obligation to pre-screen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  9. Before buying or using anything found on Aflete you should consult your own doctor or professional.
  10. Aflete takes no responsibility in the information you use, consumer or purchase as you are buying directly from a seller. We do not own or verify the content listed by a seller.

 

Disclaimer of Warranties

  1. The software and services are provided to you “AS IS” without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Aflete assumes no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided through the services or software. Under no circumstances will Aflete be liable for any loss or damage caused by your reliance on information obtained through use of the services or the software. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of the services and software is solely at your own risk. Aflete has no special relationship with or fiduciary duty to you, and you acknowledge that Aflete has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of the Services, including without limitation: (a) your implementation of any exercises provided through the Services, (b) what material you or other users access on or through the Services, or (c) how you or any other user may interpret or use materials accessed through the Services. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you.

Limitation of Liability; Waiver

  1. The only type of damages that can be recovered against Aflete arising from or related to this Agreement including without limitation in relation to the provision of the Services, shall be your direct damages, if any, arising from Aflete’s gross negligence or willful misconduct. Without limiting the foregoing, your only right with respect to any problems or dissatisfaction with the Software is to uninstall and cease use of such Software.
  2. Except for the limited direct damages specified above, to the maximum extent permitted by law, in no event shall Aflete be liable for any damages whatsoever (including, without limitation, indirect, special, incidental, exemplary or consequential or punitive damages) whether or not such damages were foreseen or unforeseen including without limitation the use of or inability to use the software or services, even if Aflete has been advised of the possibility of such damages.
    Indemnification
  3. You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Aflete’s request), indemnify and hold the Aflete Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Aflete in the defense of any claim. Aflete reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Aflete.

Termination

  1. You may terminate this Agreement at any time upon notice to Aflete. Upon any termination of this Agreement for any reason (whether by you or by Aflete), you must cease all use of the Services and Software and destroy and/or permanently delete all copies of the Software in your possession.
  2. Aflete reserves the right, in its sole and complete discretion, to revoke your authorization to use the Services at any time with or without cause, for any reason or no reason. Upon termination of your account, your right to use the Services, access any accounts through the Services, and any materials obtainable through the Services will immediately cease. Any fees paid by you are non-refundable. All restrictions contained in this Agreement shall survive the termination of your right to use the Services.
  3. Without limiting other remedies, Aflete may limit your activity, warn other users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide Services to you if: (a) you breach this Agreement; (b) Aflete is unable to verify or authenticate any information you provide; or (c) Aflete believes that your actions may cause financial loss or legal liability for you, other users or Aflete.
  4. The above-described actions are not Aflete’s exclusive remedies and Aflete may take any other legal, equitable or technical action it deems appropriate in the circumstances. Aflete will not be liable for any damage caused by the termination of this Agreement.

General Provisions

  1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties. There are no provisions, representations, undertakings, agreements, or collateral agreements between the parties other than as set out in this Agreement.
  2. This Agreement is governed by the laws of the United Kingdom, without regard to conflict of law’s provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the United Kingdom.
  3. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect.
  4. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.
  5. If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Software. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use Software or Services of this type, you may not enter into this Agreement and you may not download, install or use the Software. By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your use of the Software and Services is allowed.

Contact

If you have any questions regarding these Terms and Conditions, or if you have any questions, complaints, claims or other legal concerns relating to Aflete or its business, please contact team@aflete.com