BIG FIT NUTRITION CONSUMER TERMS & CONDITIONS
1) THE AGREEMENT: The use of www.bigfitnutrition.uk and services on this website provided by Big Fit Nutrition LTD. (“Company”) are subject to the following Terms & Conditions (the “Agreement”), This Agreement shall govern the use of all pages on our website (“Website”) and any sale of our goods provided by our company or through our Website (“Services”).
2) ACCEPTANCE: by using the website, you warrant that you have read and reviewed this Agreement and you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave our Website immediately. Big Fit Nutrition LTD. agrees only to provide use of this Website and sale of goods to you if you assent to this Agreement.
3) LICENSE: Big Fit Nutrition LTD. may provide you with certain information because of your use of our website and services. Such information may include, but are not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of the Website or Services (“Big Fit Nutrition LTD. Materials”). Subject to this Agreement, Big Fit Nutrition LTD. grants you a non-exclusive, limited, non-transferable and revocable license to use the Big Fit Nutrition website. Materials solely in connection with your use of the website and sale of goods Big Fit Nutrition LTD. materials shall not be used for any other purpose, and this license ends upon your cessation of use of the Website or sale services or at the termination of this Agreement.
4) INTELLECTUAL PROPERTY: You agree that the website and all Services provided by the Big Fit Nutrition LTD. are the property of the Company, including all copyrights, trademarks, patents, and other intellectual property (“Big Fit Nutrition LTD. IP”). You agree that the Big Fit Nutrition LTD. owns all right, title and interest in and to the Big Fit Nutrition LTD. IP and that you will not use the Big Fit Nutrition LTD. IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Big Fit Nutrition LTD. IP, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
5) BUYER OBLIGATIONS: As a user of our Website and buyer of our nutrition product, we ask you to register with us. When you do so, you will choose a user identifier, which may be your email address or username, and a password. You may also provide personal information, including, but not limited to, your name. You ensure the accuracy of this information. This identifying information will enable you to use the website and our services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice in this situation. You as a user are responsible for maintaining the safety and security of your identifying information and keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the website and services to further fraud or do unlawful activity are grounds for immediate termination of this Agreement.
6) PROHIBITED USE: You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company. a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of the Big Fit Nutrition LTD. or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
7) AFFILIATE: Big Fit Nutrition LTD., through our Website and Services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website links. Big Fit Nutrition LTD. may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
8) SALES: Big Fit Nutrition brand is a leading sports nutrition brand formed from decades of experience in sports nutrition through our website we deliver a range of highest quality products including vitamin powder, vitamins and minerals and clothing. Big Fit Nutrition undertakes to be as accurate as possible with all information regarding the goods including product descriptions and images. However, Big Fit Nutrition LTD. do not guarantee the accuracy or reliability of any product information, through any link and you acknowledge and agree that you purchase such products at your own risk.
9) REFUND POLICY: You agree to ensure payment for any items you may purchase from us, and you acknowledge and affirm that prices are subject to change. When purchasing a good, you agree to provide us with a valid email and shipping address and valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that you provide us. If we do so after payment has been processed, we will issue a refund to you at the purchase amount price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of our products. You agree to ensure payment for any items you may purchase from us, and you acknowledge and affirm that prices are subject to change. For the sale of physical products, we may pre-allow your credit or debit card at the time you place the order, or we may charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates that we quote you because of unforeseen circumstances. For questions, concerns, or disputes, you agree to contact timely at our email address. If you are unhappy with the purchase because of something wrong with the product, you may send back the product emailing us and after checking the product for its fault, if we find it to be faulty we will make all the efforts to make the refunds for your items purchased by us. Our website works on user subscriptions you may cancel your subscription anytime with giving the notice on our email to cancel your initial subscription.
10) REVERSE ENGINEERING: You agree not to undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the website or services; b) Violate the security of the Website or Services through any unwarranted access, circumvention of an encryption or other security tools, data mining or interference to any host, user or network.
11) INDEMNIFICATION: you agree to defend and indemnify the Big Fit Nutrition LTD. and any of its affiliates and hold Us harmless against all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Big Fit Nutrition LTD. shall be able to select its own legal counsel and may take part in its own defence if Big Fit Nutrition LTD. wishes.
12) SPAM POLICY: We strictly prohibit you from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
13) MODIFICATION: Big Fit Nutrition LTD. from time to time and without notice to you, changes this Agreement. You agree that the Big Fit Nutrition LTD. may change this Agreement or revise anything contained. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and those modifications or variations will replace any prior version of this Agreement, unless prior versions are referred to or incorporated into the latest modification or the variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
c) If the modifications of this Agreement are not monitored by you, you agree that we shall consider such failure an affirmative waiver of your right to review the changed Agreement
14) ENTIRE AGREEMENT: This Agreement makes up the entire understanding between the Parties regarding all use of this website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of our website.
15) INTERRUPTIONS: Big Fit Nutrition LTD. may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but Big Fit Nutrition LTD. shall have no liability for any damage or loss caused because of such downtime.
16) TERM: Big Fit Nutrition LTD. may end this Agreement with you for any reason, with or without cause. Big Fit Nutrition LTD. specifically reserves the right to end this Agreement if you violate any of the terms outlined including, but not limited to, violating the intellectual property rights of Big Fit Nutrition LTD. or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with us, you may also end this Agreement by contacting us on our email and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination shall remain in full force and effect.
17) WARRANTIES: you agree that your use of our Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. Big Fit Nutrition LTD. expressly disclaims all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Big Fit Nutrition LTD. makes no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. Big Fit Nutrition LTD. also make no warranties as to the reliability or accuracy of any information on the Website or got through the Services. You agree that any damage that may occur to you, through your computer system, or because of loss of your data from your use of the Website or Services is your sole responsibility and that Big Fit Nutrition LTD. is not liable for any such damage or loss.
18) LIABILITY: Big Fit Nutrition LTD. is not liable for any damages that may occur to you because of your use of the Website or Services, to the fullest extent permitted by law. We limit the maximum liability of the Big Fit Nutrition LTD. arising from or relating to the greater of one hundred (£100) pounds or the amount you paid to the Big Fit Nutrition LTD. in the last three (3) months. This section applies to all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
19) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given under this Agreement shall be in the English language.
b) JURISDICTION: Through Your use of the Website or Services, You agree that the laws of United Kingdom shall govern any matter or dispute relating to or arising out of this Agreement, and any dispute of any kind that may arise between you and the Company, except for its conflict of law provisions. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive but mandatory. You hereby waive the right to any objection of venue.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. A single arbitrator shall conduct the arbitration, and such an arbitrator shall have no authority to add Parties, vary this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing law. Each Party shall pay its own costs and fees. Claims causing arbitration under this section include but are not limited to contract claims, tort claims, ordinances, statutes or regulations. Intellectual property claims by the Big Fit Nutrition LTD. will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial regarding arbitral claims.
d) ASSIGNMENT: This Agreement or the rights granted shall not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of Big Fit Nutrition LTD. will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, it will enforce the remaining parts and subpart to the maximum extent possible. In such conditions, the rest of this Agreement shall continue in full force.
f) NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not make up a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not make up a waiver of any other part or sub-part.
g) HEADINGS: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h) Our Relationship: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: Big Fit Nutrition LTD. is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be because of unforeseen circumstances.
j) COMMUNICATIONS: We permit electronic communications to both Parties under this Agreement For questions or queries; Please email us at ___bigfitnutrition.uk
Effective from: October _