Terms and Conditions

FOREWORD

These Terms and Conditions of Use serve to regulate the use of this Website and any legal relationship between the User, who uses the services offered here, and the Owner of the Website itself.

The services may be updated or evolving, including the development of any new tools.

These provisions will be updated and/or modified, by publication on the Website https://megafitnesscommunity.it/, only if necessary. It is therefore advisable to periodically read the conditions of use and to pay attention to them.

In particular, please note that certain provisions of these Terms and Conditions of Use may only be applicable to certain categories of Users. Some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users and according to the applicable law.

Therefore, before using the services, the User must carefully read and, if required, accept the corresponding conditions specific to each service, which will be published on the same media as the current Terms and Conditions of Use.

The use of the services implies that the User fully accepts the provisions included in these Terms and Conditions of Use, Privacy Policy (viewable as follows: https://www.megafitnesscommunity.it/privacy-policy/) and, if applicable, the specific conditions.

If the User does not agree with the provisions of these conditions, he/she should not continue to use the services offered here.

Identification of the Responsible

The responsible person, owner and Owner of https://megafitnesscommunity.it/ is:

GOLD CLUB SRL
Telgate (BG) Via Roma 16/I 24060
VAT IT04163010160
info@megafitnesscommunity.it
paymentsgoldecommerce@gmail.com

CONDITIONS OF USE

The Terms of Use set forth in this section apply generally, unless otherwise specified. Other Conditions of Use or access applicable in particular situations are expressly indicated in this document. By using this Website, the User acknowledges that there are no restrictions on Users with respect to whether they are Consumers or Professional Users.

Registration

In order to use the service offered, the User can open an account, indicating all the data and information required in a complete and truthful manner.

It is not possible to use the service offered without opening a User account.

It is the responsibility of the Users to keep their access credentials safe and to safeguard their confidentiality to prevent unauthorized access. To this end, Users must choose a password that matches the highest level of security available on this Web Site.

Each User’s account and password are unique, personal and non-transferable and, therefore, they may not disclose them to third parties or assign their use. By creating an account, therefore, the User agrees to be fully responsible for all transactions performed by him/her and/or any transactions carried out by a device associated with his/her account.

Users are required to inform the Owner immediately and unequivocally via the contact details indicated in this document (info@megafitnesscommunity.it // paymentsgoldecommerce@gmail.com) if they believe that their personal information, such as User account, access credentials or personal data, has been hacked, illicitly disseminated or stolen.

Closing an account

The user is free to close his account at any time, by contacting the owner at the contact details indicated in this document (info@megafitnesscommunity.it // paymentsgoldecommerce@gmail.com)

Suspension and cancellation of account

The Owner reserves the right to refuse any request for registration or to cancel and/or suspend a previously accepted registration, at any time at its own discretion and without prior notice, if it considers it inappropriate, offensive or contrary to these Terms and Conditions of Use, without being obliged to communicate or explain the reasons for its decision and without generating any right to compensation, refund or indemnity.

Suspension or deletion of an account for reasons attributable to the User shall not exempt the User from payment of any applicable fees or prices.

Intellectual Property

The Owner holds and expressly reserves all intellectual property rights to the content available on this Website, owned or provided by the Owner or its licensors.

All rights are reserved and Users are not authorized to use said content in any way, except where it is necessary or implicit in the proper use of the service.

Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Web Site, or allowing third parties to engage in such activities through your User account or device, even without your knowledge.

Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content, made available exclusively for personal and non-commercial purposes, provided that the attribution of intellectual property is observed, as well as the indication of any other relevant circumstances required by the Owner.

The limitations and exclusions provided for by the legislation on copyright remain valid.

Unauthorized use and/or infringement of intellectual and industrial property rights existing on https://megafitnesscommunity.it/ and/or its contents, including trade names and industrial designs, will give rise to corresponding legal liability.

Access to resources provided by third parties

Users may have access to resources provided by third parties on this Website, acknowledging and accepting that the Owner has no control over these resources and is therefore not responsible for their content and availability.

The conditions applicable to the resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and governed by their terms and conditions or, in their absence, by the law applicable to them.

Permitted use

This Website and the services offered with it may be used exclusively for the purposes for which they are proposed, in accordance with the current Terms and Conditions of Use, as well as in accordance with applicable law.

The User, while using the contents of this Website and/or the services offered with it, is solely responsible for any violation of the law, regulations or rights of third parties.

Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website, terminate contracts, report any censurable activity carried out through this Website to the competent authorities, whenever there is a suspicion that the User is violating the law, regulations, third party rights and/or the Terms and Conditions of Use, in particular, by carrying out one of the following activities as an example:

• • pretending to meet any of the requirements for accessing this Website or using the services offered therein, such as declaring that you are of legal age or qualify as a Consumer;

• • Hiding your identity, misusing the account of another User, using the identity of another person, or pretending to act on behalf of a third party, unless authorized by that third party;
  • defame, threaten, abuse, use violent intimidating practices, use trash talking or disseminate or post illegal and obscene content, threaten or violate the rights of others in any other way, including state or military secrets, trade, professional or personal information;
  • promote hatred, racism, discrimination, pornography or violent activities or activities that may endanger the life and/or safety of themselves or any other User, as well as publish content that promotes, exalts or illustrates self-destructive or violent attitudes;
  • to test, analyse or test the vulnerability of this Website, the services and networks connected to the said Website, or to breach the security or authentication procedures of the said Website, including installing, embedding, uploading or otherwise incorporating malware, viruses, spam, spreading illicit advertising, phishing, fraud to the detriment of third parties

• attempt to disrupt or tamper with the technological infrastructure in such a way as to cause damage or danger to the integrity of this Web Site or the devices of other Users;
• implement automated processes of extraction, collection or capture of information, data and/or content from this Website and all related digital extensions, unless expressly authorized by the Owner;
• disseminate or publish content that is false or likely to cause undue alarm, as well as use this Web Site to promote, sell or advertise products or services of any kind in any way;
• publish, disseminate or otherwise offer content protected by intellectual property law, including patents, trademarks and copyrights, without the permission of the owner of such rights;
• collect or extract other Users’ personal and identifying information, including email addresses or contact information, for purposes other than those of this Web Site, violating the privacy settings of other Users’ accounts through this Web Site or in any other way;

Terms and Conditions of Sale

This Web Site offers certain services/products for a fee, as provided below.

Product Description

The characteristics of the products, such as prices, descriptions and availability, are specified during the purchase process, in the respective sections of this Web Site, and are subject to change without notice and unilaterally by the Owner.

Although the aforementioned products are presented as accurately as technically possible, the representation of the same on this Website by any means (including, as the case may be, graphics, images, colors, sounds) is intended as a mere reference and does not imply any guarantee as to the characteristics of the product purchased.

Currently, the Owner mainly offers the following products, better described on the Website:

• • Mega Fitness 1 month: monthly reserved access to the platform, sharing of weekly workout card, interactive workout videos, nutrition advice, monthly live broadcast, possibility to share opinions through written comments;

• • Mega Fitness 3 months: reserved quarterly access to the platform, sharing of weekly workout schedule, interactive workout videos, nutrition tips, monthly live broadcast, possibility to share opinions through written comments

Purchase procedure

The purchasing procedure consists of all the phases between the choice of the product and the placing of the order.

The purchasing procedure comprises the following steps:

• • Users can choose the desired product and verify their choice of purchase

• • after reviewing the information visible in the choice of purchase, users can submit the purchase order, resulting in the conclusion of the contract with the owner

• • when the User sends the order, the User is obliged to pay the price, taxes and any additional charges and expenses, as specified in the purchase order page

• • when the purchase of the chosen product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the submission of the order also constitutes the User’s obligation to cooperate accordingly

• Once the purchase order has been submitted by the Users, they will receive a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the User at the e-mail address provided for this purpose by the same, in accordance with the applicable law.

Prices and Methods of Payment

During the purchase process, but before placing the relevant order, Users are clearly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them, excluding bank and/or financial commissions related to the means of payment used.

The prices on this Website include all applicable commissions, taxes and costs, excluding bank and/or financial fees related to the means of payment used.

Currently, the prices of the products offered by the Owner, better described on the Website, are as follows:

• • Mega Fitness 1 month: €.19,90;

• • Mega Fitness 3 months: €.49,90

The means of payment are currently as follows:

• PayPal;
• Credit card.

In the relevant section of this Website, the purchase procedure gives details of the accepted means of payment. Some means of payment are linked to further conditions or involve additional costs.

All payments are handled independently by third party services. Therefore, this Website does not collect any payment information, such as credit card numbers, but you will be notified when your payment is successful.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment are solely the responsibility of the User.

Reserves

The User acquires ownership and the relative rights of use of the products ordered, only after receiving payment of the full purchase price from the Holder.

Delivery

The digital content purchased on this Website is delivered, only after the payment of the full purchase price has been received by the Owner, via download to the device or devices chosen by the User, unless otherwise expressly specified.

Users acknowledge and accept that in order to download and/or use the purchased product, the chosen device(s) may have to meet the technical requirements indicated on this Web Site.

Users acknowledge and agree that the ability to download the purchased product may be limited in time and space, including depending on the type of purchase.

Privacy Policy

This Website processes the information optionally released by Users, in order to provide the requested service.

The data provided will be kept for as long as the business relationship is maintained or for the years necessary to comply with legal obligations. The data will not be transferred to third parties, except in cases where there is a legal obligation. The User retains the right to access their personal data, rectify inaccurate data or request its deletion when the data is no longer needed, simply by sending a request, alternatively, to the addresses (info@megafitnesscommunity.it // paymentsgoldecommerce@gmail.com).

In the event that a User connects to a link or banner other than this Website, he/she must be aware that he/she will be visiting another Website on the Internet, whose rules of use and Privacy Policy are not under the control of the Data Controller, who therefore has no responsibility in this regard.

Please read carefully the complete Privacy Policy viewable as follows: https://www.megafitnesscommunity.it/privacy-policy/

Cookie Policy

On some occasions, on this Website, “cookies” may be used; that is, small text files that are generated on the User’s devices and that allow obtaining information, such as the date and time of the last time the User visited this Website, without the Owner having control and/or any responsibility for such information.

Please carefully read the full Cookie Policy viewable as follows: https://www.megafitnesscommunity.it/cookie-policy/

Cancellation

The User who has purchased one of the products offered by the Owner, currently Mega Fitness 1 month and Mega Fitness 3 months, as described above, has the right to communicate his or her cancellation, that is, he or she may refuse to continue the contractual relationship chosen, at any time and without giving any particular justification, by sending an email with an unequivocal declaration of his or her intention to cancel to (info@megafitnesscommunity.it // paymentsgoldecommerce@gmail.com)

Upon cancellation of any subscription, the Owner will delete all of the User’s personal data, except those that must be retained in accordance with applicable laws.

In case of cancellation, as stated above, the User will not be entitled to any refund, but will still have access to this Website for the duration of the subscription purchased (for example, but not limited to: for 1 month or 3 months, from the time of purchase of the product, regardless of the date of notice of cancellation).

In the event of failure to cancel, as indicated above, there is tacit renewal of the purchase of the chosen product, for the same period described in the subscription itself, with no time limit, the User remaining obliged to make the corresponding payments and subject to all the provisions of these Terms and Conditions of Use.

Exemption of Responsibility

The User exonerates the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners and employees from any kind of claim or demand, without limitation, legal fees and expenses, made by Users and third parties, due to or in connection with negligent behavior such as the use of or connection to the service, violation of these Terms and Conditions of Use, violation of third party rights or laws by the User and/or its affiliates, to the extent of the law.

In fact, the Owner merely provides Users with the technical infrastructure and functionality available on this Website.

The Owner does not act as an intermediary, moderator or promoter in the interactions, agreements or transactions between Users and therefore disclaims any responsibility for such interactions between Users, and for the fulfillment of any obligations by Users, who accept this provision.

The User releases the Owner from any liability for medical or physical therapy advice. Any illnesses and injuries of the Users must be treated by their respective professionals, only nutritional and sports advice will be provided from the platform.

The Holder also assumes no responsibility for:

• • damage or loss resulting from interruptions or malfunctions of this Website due to force majeure, fortuitous events or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or interruptions of telephone lines or electricity, Internet connection and / or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties;
  • any losses that are not a direct result of a breach of the Terms and Conditions of Use by the Controller.

The Holder’s failure to exercise its statutory rights or claims under these Terms and Conditions of Use shall not constitute a waiver thereof.

Modification and updating of the Terms and Conditions of Use

The Owner reserves the right to unilaterally modify and/or update these Terms and Conditions of Use at any time and without prior notice.

In this case, the owner will give appropriate notice to users of the changes and / or updates, which will affect the relationships agreed between the parties not retroactively.

To ensure the best possible level of service, without being able to generate any claim for compensation, the owner reserves the right to interrupt the service for maintenance purposes, system updates or any other changes, notifying users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the service. In the event of termination of the services offered, the Owner will ensure that Users can extract their personal data and information according to the provisions of the law.

Your continued use of the Service constitutes your acceptance of the updated Terms. If User does not wish to accept the changes, User must cease using the service.

The version of the service offered prior to the change and/or update is no longer applicable.

If required by applicable law, the Owner will specify the date by which the changes to the Terms will become effective.

Contract Transfer

The Holder reserves the right to transfer, assign, dispose of or contract out any or all rights and obligations under these Terms and Conditions of Use, having regard to the legitimate interests of the Users.

The provisions regarding the amendment of these Terms and Conditions of Use shall apply.

The User is not authorized to assign or transfer his rights and obligations under the Terms and Conditions of Use without the written consent of the Owner.

Nullity of Causes

If any provision, included in these Terms and Conditions of Use, is declared, in whole or in part, to be void or ineffective, such voidness or ineffectiveness will affect only that provision or the part of it that is void or ineffective. The remainder of the reported provisions, therefore, shall remain valid.

Applicable law and jurisdiction

This Web Site is created and operated by the Owner, based in Telgate (BG), Italy.

Therefore, these Terms and Conditions of Use are governed by the laws of Bergamo and, where applicable, by Italian federal law, without giving effect to any principles of conflicts of law.

For any question or divergence that may arise with regard to the above mentioned contents of the Terms and Conditions of Use, activities, products and services contracted, the judge of the place where the Owner is established shall have exclusive jurisdiction.

Users may report, to the contact details indicated in article 3 – Identification of the person responsible (info@megafitnesscommunity.it // paymentsgoldecommerce@gmail.com), any disputes and complaints to the Controller, who will attempt to resolve them amicably.