Terms of Service: Fit4Mii App, Store & Trainer Hub
Please read through The Fit4Mii Terms of Service, to ensure to understand Fit4Mii’s responsibility, as well as your own. Please Note: for all purchases made via your App Store accounts, you must request the refund / cancellation via iOS or Google Play stores. If you purchased via our website, then you should contact Fit4Mii. Please use the buttons below to visit specific refund policies for:
- Fit4Mii App, click here.
- Fit4Mii Nutrition Store, click here
To Read the Delivery Policy, click here
Refunds & Cancellations
For refunds and cancellations, please submit requests via the contact form (use button below). We aim to respond within 3 working days. Please also leave your mobile number with full international dealing codes. This is in case. our email response goes to your spam box.
The Terms of Service were last updated on September 12th, 2021
1. Introduction
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
2. Binding
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
3. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
5. Newsletter
Not withstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
6. Third-party property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
7. Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
8. Registration
You may register for an account with our website(s). During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
9. Content posted by you
We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through our website. However, we reserve the right to review the content and to monitor all use of and activity on our website, and remove or reject any content in our sole discretion. By posting information or otherwise using any open communication tools as mentioned, you agree that your content will comply with these Terms and Conditions and must not be illegal or unlawful or infringe any person’s legal rights.
10. Idea submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
11. Termination of use
Products or services or use the website. Such limit will apply in the aggregate to all of We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
12. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
this website or our products or services will meet your requirements;
this website will be available on an uninterrupted, timely, secure, or error-free basis;
the quality of any product or service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products
13. Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
14. Accessibility
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.
15. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of The Netherlands.
16. Affiliate marketing
Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.
17. Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
18. Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
19. Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
20. Indemnification
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
21. Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
22. Language
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
23. Entire agreement
These Terms and Conditions shall constitute the entire agreement between you and Fit4Mii app and Store in relation to your use of this website.
24. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. The date provided at the beginning of these Terms and Conditions is the latest revision date. We will give you a written notice of any changes or updates, and the revised Terms and Conditions will become effective from the date that we give you such a notice. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. To request a prior version of these Terms and conditions, please contact us.
25. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of The Netherlands. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of The Netherlands. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
26. Contact information
This website is owned and operated by Fit4Mii app and Store.
You may contact us regarding these Terms and Conditions through our contact page.
Our complete Statutory and regulatory disclosures can be found on this page.
27. Download
You can also download our Terms and Conditions as a PDF.
and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such your claims, actions and causes of action of every kind and nature.
13. Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
14. Accessibility
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.
15. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of The Netherlands.
16. Affiliate marketing
Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.
17. Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
18. Breaches of these Terms of Service
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
19. Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
20. Indemnification
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
21. Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
22. Language
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
23. Entire agreement
These Terms and Conditions shall constitute the entire agreement between you and Fit4Mii app and Store in relation to your use of this website.
24. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. The date provided at the beginning of these Terms and Conditions is the latest revision date. We will give you a written notice of any changes or updates, and the revised Terms and Conditions will become effective from the date that we give you such a notice. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions. To request a prior version of these Terms and conditions, please contact us.
25. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of The Netherlands. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of The Netherlands. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
26. Contact information
This website is owned and operated by Fit4Mii app and Store.
You may contact us regarding these Terms and Conditions through our contact page.
Our complete Statutory and regulatory disclosures can be found on this page.
27. Download
You can also download our Terms and Conditions as a PDF.
28. Fit4Mii App Refund Policy
28. 1 Refunds For Fit4Mii Members
For purchases made through Apple store or Google Play store, please refer to the cancellation policy of the App store, and follow the procedures therein. For all other purchases via the website, Fit4Mii payment processor, or using Fit4Mii Credits, use the Refund Request Form.
28.2 For Pre-Paid Packages
Including on-demand (prerecorded sessions) and PDF files, no refund due to nature of content. This is due to the content being accessible and downloadable in some or all of the pre-paid content.
28.3 For Live-Class subscriptions
You may request freeze or cancelation at any time until the next payment date. We are unable to provide pro-rata refunds for a monthly subscription. However, we can refund for the entire month if the first live class has not already taken place after payment was taken. Processing refunds can take twenty (20) days depending on the payment method, country of purchase, currency and bank processing times. We can only refund back to the same payment method that the payment was made from or as Fit4Mii Credits. Cancellations of monthly subscriptions, members can cancel any time before, and including the subscription payment date. If the subscription payment has already been collected by Fit4Mii, use the refund request form to request a refund from Fit4Mii. The time for the refund request to be processed may take up to 20 days. Fit4Mii reserves the right to grant pro-rata refunds based on discretion.
28.4 Refund Requests for 1-2-1 / in person services
Due to the nature of these services, you are able to request a refund based on issues such as, the trainer not keeping to appointments, or the training being unsuitable to you for reasons such as medical or otherwise. If you wish to request a refund for these services, you must do so using the Refund Request Form. If the Fit4Mii trainer has delivered any appointments, or has arranged appointments that they were unable to deliver due to reasons on the part of the Fit4Mii Member, then Fit4Mii will reserve the amount due to the trainer to cover sessions deemed as “delivered”.
28.5 For Fitness Trainers
Annual registration fee is a non-refundable admin fee which covers the cost of account set-up, web design, and SEO services, however, you are able to request a Freeze or Cancellation at any time.
29. Fit4Mii Nutrition Store Refund Policy
29.1 Refunds provided for damaged goods if proof is submitted of damage within 24 hours of delivery, please use the Refund Request Form.
29.2 Refunds due to product recall issues
These refunds will be made automatically, and all buyers will be notified via email and (where available) telephone. You will then be advised to either dispose of the product or return to our supplier. In such a scenario, where we instruct the customer to return the item to our supplier, Fit4Mii will cover the expense of the return upon proof postage, with a tracking number (submitted via the Refund Request Form).
29.3 Refunds due to faulty / unsuitable products.
If you find an item within your Fit4Mii Products, please report this to Fit4Mii as soon as you are aware, of the issue. The Suppliers for our Products will then investigate and potential contamination. If the suppliers deem there to be no possibility of the contamination in production, Fit4Mii will not issue a refund. In such a scenario, where we instruct the customer to return the item to our supplier, Fit4Mii will cover the expense of the return upon proof postage, with a tracking number (submitted via the Refund Request Form).
29.4 Returns
Other than for reasons stated in 29.3 and 29.2, Fit4Mii is unable to accept returns. Due to the nature of the products, Fit4Mii cannot accept returns of the products purchased, as we can only guarantee the product’s correct storage and shipping upon purchase. We are unable to ensure that the product has been stored correctly during shipping for returns, so we are unable to resell the products.
29.5 Amazon Products
Fit4Mii often recommends Amazon products. If you are dissatisfied with the products, please refer to Amazon for refunds. Please contact Fit4Mii regarding the product too, so that we can review the product’s placement on our store.
30. Shipping Policy
Items are shipped using the most cost and time effective method. Delivery time vary vasty depending on the shipping destination. In General, we estimate 5-10 days for Shipping within the UK, EU and EEA. For deliveries outside of Europe, the shipping times are 10-20 days. Please Note: Shipping times can be extended greatly in situations such as national lockdowns.