TERMINI E CONDIZIONI 


Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

People below 14 years old are not allowed to use this Website

1. Intellectual Property Rights

Other than the content you own, under these Terms, Emil Fitness and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

2. Restrictions

You are specifically restricted from all of the following

  • publishing any Website material in any other media;

  • selling, sublicensing and/or otherwise commercializing any Website material;

  • publicly performing and/or showing any Website material;

  • using this Website in any way that is or may be damaging to this Website;

  • using this Website in any way that impacts user access to this Website;

  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;

  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Emil Fitness may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

3.Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Emil Fitness a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Emil Fitness reserves the right to remove any of Your Content from this Website at any time without notice.

4.No warranties

This Website is provided “as is,” with all faults, and Emil Fitness express no representations or warranties, of any kind related to this Website or the materials contained and bought on this Website. Also, nothing contained on this Website shall be interpreted as advising you to do anything. 

5.Limitation of liability

In no event shall Emil Fitness, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Emil Fitness, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

6.Indemnification

You hereby indemnify to the fullest extent Emil Fitness from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

7.Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

8 Variation of Terms

Emil Fitness is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

9 Assignment

The Emil Fitness is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

10 Entire Agreement

These Terms constitute the entire agreement between Emil Fitness and you in relation to your use of this Website, and supersede all prior agreements and understandings.

11. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Malta, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Malta for the resolution of any disputes.

12. Pre-approved Payments (also known as Automatic Payments).
By providing an advance Authorisation for Pre-approved Payments, you:
  • give the third party the ability to collect or reverse fixed or variable amount payments from your Account on a one-time basis, or on a (sporadically or periodically) recurring basis (as further specified in the applicable billing agreement – the document that you agree to when giving the Authorisation) until you cancel your Authorisation or underlying arrangement with the applicable third party; and
  • hereby authorise and instruct PayPal to pay the third party (or another person they direct) from your PayPal Account amounts you owe as presented to us by the third party. This makes the recipient a trusted beneficiary of all your payments made under that Authorisation, so we will not ask you to log in or approve the payments when they are made. You agree that PayPal is not obligated to verify or confirm the amount the third party presents to us for the purpose of processing this type of payment. You further acknowledge and agree that payments made under this provision are variable and may be made on various dates.
If you use the PayPal Location Based Payments Functionality to make a Pre-approved Payment to another User (typically a merchant) who accepts payments through the PayPal Location Based Payments Functionality, you may Authorise that User by selecting the User in the PayPal Location Based Payments Functionality. When you Authorise such a User, we may restrict the total amount that the Authorised User can request from your Account within a specific time period, as we may determine at our own discretion.
If your Pre-approved Payment requires a currency conversion by us, the amount of the Currency Conversion Fee (per Schedule 1) will be determined at the time the applicable third party processes your payment and completes the transaction. You acknowledge that the exchange rate determined at the time of each payment transaction will differ and you agree to the future execution of Pre-approved Payments being based on fluctuating exchange rates.
Prospective Payment Recipients acting under the above Authorisations who present us with a payment request under this provision hereby:
  • warrant to PayPal that the amounts they present have been agreed and consented to by the User whose Account will be deducted (including changes to those amounts) and that they will give prior notice of the deduction to the payer; and
  • agree that they will notify the payer at least 4 weeks in advance of the amount they will collect if that amount has increased in such a manner that the payer could not have reasonably expected to pay such an amount, taking into account the payer’s previous spending patterns and the circumstances of the payment and that they will be liable to PayPal for any refunds of such payment in accordance with the terms of this User Agreement.
You agree that you cannot request a refund from PayPal for a Pre-approved Payment unless:
  1. the Authorisation did not specify the exact amount of the payment transaction when the Authorisation was given and the applicable amount exceeded the amount you could have reasonably been expected to pay, taking into account your previous spending patterns and the circumstances of the case;

    and
  2. your consent to the making of the third party initiated payment was not given as set out in section 4.1(e); or
  3. the information relating to the third party initiated payment was not provided or made available to you for at least 4 weeks before the date the payment transaction was made to the merchant;

    and
  4. you notify us of the request within 8 weeks from the date the payment was made; and
  5. you comply with our requests to obtain information which we reasonably require to review the circumstances of the case. We reserve the right to request further information as is reasonably necessary to ascertain whether the above conditions have been satisfied and to waive any or all of the above conditions.
13. Cancelling Pre-approved Payments. You may cancel a Pre-approved Payment at any time up to 1 Business Day prior to the date the payment is scheduled to be made. You may cancel a Pre-approved Payment by logging in to your Account, accessing the “Settings” tab, then, in the “Payment settings” section, clicking on "Preapproved Payments” and following the instructions to cancel the payment. In addition, if you cancel a Pre-approved Payment you may still be liable to the merchant for the payment and be required to pay the merchant through alternative means.
When you use the PayPal Location Based Payments Functionality to give an Authorisation for a Pre-approved Payment to a User (typically a merchant) who accepts payments through the PayPal Location Based Payments Functionality, you may only cancel the Authorisation by following the steps to cancel your selection of the User in the PayPal Location Based Payments Functionality.


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