www.adrianasmartfit.com · SMARTFIT METHOD FZE
The use of the Website and the purchase of the digital products available on the Website are governed by the following Terms and Conditions ("T&C" or the "Contract"), which apply to all users of the website www.adrianasmartfit.com (hereinafter the "Website" or the "Platform" / "The Smart Fit Method").
Please read these Terms and Conditions carefully before placing an order or enrolling in a course/program.
The Provider is Smartfit Method FZE, an entity registered with the Sharjah Publishing City – Free Zone Authority (UAE), License No. 4426432.01, Formation Number 4426432, with its registered office at: Business Centre, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates. Hereinafter referred to as the "Provider".
The Customer is the natural or legal person who accesses or uses the Website or purchases digital products (ebooks, online courses, platform access, community access, meal plans, training/exercise plans, digital materials, etc.) made available by the Provider.
The Customer is identified by the details included on the invoice generated when the order is placed through the order form. Hereinafter referred to as the "Customer", the "Student" or the "User".
The Provider and the Customer are jointly referred to as the "Parties" and individually as a "Party".
Platform / User Account – the section of the platform created upon a user's registration, which contains information about the user and allows access to the digital products and services.
Your Account – to access paid services and products, you need to create a personal account on the Platform. When registering, you must:
We do not knowingly allow persons under the age of 18 to create accounts.
Product – any material with digital content, including but not limited to: ebooks, video, audio-video, audio and photo content, written digital content, meal plans, training/exercise plans, guides, educational materials and instructions for use.
Digital content – data produced and supplied in digital form.
Distance contract – any contract concluded between a trader and a consumer under an organized distance sales or service-provision scheme, without the simultaneous physical presence of the trader and the consumer.
Consumer – any natural person acting for purposes outside their trade, business, craft or profession.
Digital service – a service that allows the consumer to create, process, store or access data in digital form.
The subject of the Contract is the supply of products with digital content and the provision of digital services, consisting of ebooks, paid access to the community/platform, meal plans, training/exercise plans, app access, educational materials and other digital products or services offered by the Provider through the range of products presented on the platform www.adrianasmartfit.com / The Smart Fit Method.
The specifications of the digital products and services are communicated to the Customer through the presentation available on the Website or through direct communication between the Customer and the Provider.
The Provider fulfills its supply obligation on the date the digital product becomes accessible to the Customer, namely by:
Payment of the price represents the Customer's express consent to the start of the supply of the digital products and services.
Digital products delivered under this Contract do not include updates, except where the Provider voluntarily decides to offer updates.
If you do not agree with these Terms and Conditions, please do not use the Website.
The Contract is deemed concluded upon acceptance of the Terms and Conditions, placement of the order by the Customer and confirmation of the order by the Provider.
This document constitutes a valid distance contract, concluded exclusively by means of distance communication, without the simultaneous physical presence of the parties and without requiring a handwritten or electronic signature.
The prices of the digital products and services are displayed on the Website or explicitly communicated to the Customer before purchase.
Payment can be made online by card, through a payment processor, or by bank transfer, if this option is available.
Digital products may be paid in full or in installments, if this option is offered. In the case of recurring payments, payments are automatically charged to the card entered by the Customer with the first order.
The Customer may disable the recurring payment option from their user account, if this feature is available on the platform.
The Provider issues an invoice for the digital products purchased, and the Customer must provide correct and complete details.
Invoices will be available in the Customer's user account or will be sent by email to the address entered at the time of purchase.
Digital products are supplied only after payment has been confirmed.
To supply the digital products under the conditions set out in this Contract and the applicable law. The Provider's obligation is deemed fulfilled when the Customer's access to the purchased digital product is activated.
To issue the invoice for the digital products and services, under the conditions and within the deadlines set out in this Contract.
In the event of the consumer-Customer's withdrawal or the termination of the Contract, the Provider will block the Customer's access to the digital products by deactivating the account or prohibiting further use of the materials.
The Provider reserves the right to cancel, reschedule or modify a digital product / live course / live session if necessary. In such cases, the amount paid will either be refunded or used for enrollment in other digital products of the Provider, at the Customer's choice.
To pay the price set for the digital products. In the event of non-payment on time, the Provider is released from the obligation to provide access to the products/services.
To follow the communication rules set by the Provider in support groups, communities or apps. Offensive or aggressive language, or any behavior that may harm the image of the Provider or other participants, is prohibited.
If the Provider considers that the Customer's behavior harms the Provider's image, moral values or the proper running of the programs, the Provider may remove the Customer from the community, groups or platform, without refunding the price.
Not to distribute, transmit, resell or make available to third parties, in any form, the digital materials provided. Access is strictly personal. The Customer may not disclose the username and password of their account.
Not to harm the image of the Provider, its products, authors or participants. The Customer must respect intellectual property rights and the confidentiality of the information they have access to.
To indemnify the Provider against any third-party claims caused by the Customer's improper use of the digital products.
The Customer has the right to the confidentiality of the data provided, in accordance with the applicable GDPR legislation.
The Customer has the right to request and receive the invoice for the purchase.
In the event of withdrawal or termination of the contract, the Customer must stop using the digital materials and must not make them available to third parties.
The Customer may provide testimonials, suggestions or opinions, and the Provider has the right to use them for marketing purposes, within the limits of the law and of any consent given.
Businesses do not benefit from the legal right of withdrawal applicable to consumers. Digital products purchased by professionals cannot be returned.
The right of withdrawal applicable to consumers is governed by Annex 1 to this Contract.
By placing the order and making the payment, the Customer requests the start of the supply of the digital content and/or digital services.
When the Customer receives any of the following, the supply is deemed to have started and the Customer is deemed to have benefited from delivery/access:
After delivery/access, the amounts paid are non-refundable, in whole or in part, regardless of the payment method selected, to the extent permitted by applicable law.
Each party is responsible for fulfilling its contractual obligations.
The Terms and Conditions are accepted by ticking the corresponding box, by placing the order, by creating the account and/or by using the Website.
If the consumer-Customer decides, after the digital products have been supplied, not to use them or not to access the platform, without the Provider having breached its contractual obligations, the Customer is not entitled to a refund, subject to applicable law.
In the case of a business Customer, if they stop using the digital products after supply, they are not entitled to any refund, and the payment obligations remain valid.
An internet connection is required to access the platform. The Provider cannot guarantee that the digital products will be uninterrupted or error-free, as they also depend on the Customer's infrastructure or third-party providers.
Access to the digital products requires a laptop / phone / tablet / PC and an internet connection.
The Provider is not liable for indirect, incidental or consequential damages, to the extent permitted by law.
The Customer undertakes to maintain confidentiality towards third parties and not to disclose, in any form or by any means, any information, data, materials, documents or any other elements to which they have had access in connection with the contractual relationship with the Provider Smartfit Method FZE, directly or indirectly.
The confidentiality obligation continues after the termination of the Contract. Confidential information means any information belonging to the Provider, the authors or third parties with whom the Provider has business relations, including:
The Customer declares that they will use the confidential information exclusively to fulfill the contractual obligations and will not pass it on to third parties, for any reason.
The Customer agrees that the Provider may use their image, photos, voice or testimonials to promote the Provider's services, within the limits of the law and, where applicable, of the consent given.
The Customer may not make public statements, give interviews or provide information to the media about the Provider's digital products without the Provider's written consent, except as provided by law.
Each party is independently responsible for the lawful processing of personal data in the context of performing the Contract.
During the Contract, each Party may collect, store and use personal data necessary to perform the Contract. The Customer is responsible for the accuracy of the data provided and guarantees that they have the right to transmit this data. Both Parties undertake to comply with the processing principles set out in the GDPR and to implement appropriate technical and organizational measures for the security of personal data.
All intellectual property rights over the digital products, courses, programs, materials, methodologies and educational resources provided to the Customer belong to Smartfit Method FZE or to the content authors contracted by the Provider.
The name, logo, website content, graphic materials, texts, videos, PDF documents, images and any other materials provided to the Customer are the property of the Provider and are protected by copyright law.
The Customer does not acquire any intellectual property rights over the materials made available. Access is exclusively personal.
The materials may only be used for the purpose for which they were provided. The following are strictly prohibited:
The Customer is prohibited from taking any action that may affect the security of the website, the integrity of the content or the Provider's protection mechanisms.
Breach of the provisions of this chapter entails liability under applicable law.
The Customer guarantees that they will not, directly or indirectly, compete with the activity of the Provider, namely Smartfit Method FZE, and will not create, supply or sell, personally or through employees or third parties, courses, educational programs, plans, materials or digital products with an identical or similar subject to the digital products offered by the Provider, using the Provider's content, structure or materials, without the Provider's written consent.
Breach of the non-compete obligation entitles the Provider to claim full compensation for the damage caused.
The Contract terminates by operation of law, without the intervention of the courts, in the following situations:
The Contract terminates:
Non-payment for the contracted services releases the Provider from supplying the digital products.
Termination of the Contract does not affect the Customer's outstanding obligations.
After termination of the Contract, the Customer may no longer use the digital products and may not distribute them to third parties. The Provider may deactivate access to the platform.
Neither Party is liable for failure to perform its obligations if this was caused by a force majeure event.
The Party invoking force majeure must notify the other Party within 5 days of the event occurring.
If the event lasts longer than 10 days, either Party may declare the termination of the Contract, without damages.
The Customer may not assign or transfer their rights and obligations without the Provider's written consent.
All revenue from partnerships, promotions or advertising related to the digital content belongs exclusively to the Provider.
Failure to pay for the digital products in full and on time releases the Provider from supplying them.
Late payment entitles the Provider to suspend the Customer's access to the services until the outstanding amounts are paid.
The Provider may refuse access to the Website, cancel orders or suspend services in cases such as: doubts about the Customer's identity, abusive or illegal use, unconfirmed or suspicious payment, harmful behavior, provision of false information, fraudulent orders or infringement of intellectual property.
In the case of breaches that constitute illegal acts or cause damage, the Provider may notify the competent authorities and may claim full compensation for the damage.
Disputes will be settled amicably, as far as possible.
If an amicable settlement is not possible:
Communications between the Parties may be made by email or letter. The Contract may only be amended by an addendum agreed by both Parties, where required by law or by the nature of the contractual relationship.
These Terms and Conditions are supplemented by the applicable law.
This Contract is governed by the law indicated in the section on applicable law, subject to the mandatory consumer protection rules.
These Terms and Conditions do not affect the validity of other contracts concluded between the Parties.
In the event of a conflict between this document and an individual contract concluded with the Customer, the individual contract prevails.
The Provider may amend the Terms and Conditions at any time; the updated version is available at www.adrianasmartfit.com.
Withdrawal policy applicable exclusively to Customers who are consumers, in accordance with the legislation in force.
You have the right to withdraw from this Contract, without giving any reason, within 14 days. The withdrawal period expires 14 days after the date the Contract was concluded, namely the date the order placed on www.adrianasmartfit.com was confirmed.
Exception – The right of withdrawal does NOT apply:
Once access to the digital product is activated (creation/activation of the account, sending of the ebook, meal plan or training plan, granting of access to the app/platform/community, or sending of the access link), performance of the contract is deemed to have begun.
Therefore, after access to the digital product has been activated or the product has been delivered, you no longer have the right of withdrawal.
To exercise your right of withdrawal before access to the digital content is activated, send an unequivocal statement of your intention by:
a) Post/courier:
Smartfit Method FZE, Business Centre, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates
b) Email: [email protected]
To meet the withdrawal deadline, it is sufficient for you to send your communication before the 14-day period has expired.
If you validly withdraw before access to the digital content is activated:
To be completed and sent to the Provider only if the Customer (consumer) wishes to withdraw from the Contract before access to the digital content is activated.
To:
Smartfit Method FZE
Business Centre, Sharjah Publishing City Free Zone
Sharjah, United Arab Emirates
Email: [email protected]
I, the undersigned:
Full name:
Address:
Email:
hereby give notice that I withdraw from the contract for the supply of the following digital products/services:
Ordered on:
I request a refund to the following bank account:
IBAN / Account number:
Bank:
Account holder:
Consumer's signature: ________________________ (only if the form is submitted on paper)
Date:
Smartfit Method FZE, an entity registered with the Sharjah Publishing City – Free Zone Authority (UAE), License No. 4426432.01, hereby informs you about the processing of personal data, in accordance with Regulation (EU) 2016/679 (GDPR) and applicable law.
The company respects the fundamental principles of data protection:
We are committed to protecting your data, never selling it and using it strictly for the stated purposes.
The controller does not sell your data to third parties.
Requests can be sent to: [email protected]
By giving consent, the consumer may opt for:
Consent can be withdrawn at any time by emailing [email protected].
Contact
SMARTFIT METHOD FZE
Business Centre, Sharjah Publishing City Free Zone, Sharjah, UAE
Email: [email protected]
Phone: +40 726 060 060