These Terms and conditions govern your use of our website, www.martasfitness.com, (the “Website”) and your relationship with Marta’s fitness (“we”, “us” or “Marta’s fitness”). Please read these terms carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms and Conditions, please do not use the Website, or purchase any of the Services.

Please also see our Privacy Policy for information about how we collect and use your personal data.

Introduction

• These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions) and Services, and Marta’s fitness, the owner and operator of this Website. 
• Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website or after payment of the Services. If you do not agree to be bound by these terms and conditions, you should stop using the Website or Services immediately.
• In these terms and conditions, Users means any third party that accesses the Website and is not either (i) employed by Marta’s fitness and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Marta’s fitness and accessing the Website in connection with the provision of such services. 
• You must be at least 18 years of age to use this Website or Services provided by Marta’s fitness. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
  
  

Intellectual property and acceptable use

• By providing any content for distribution by us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content.
• All Content included on the Website is the property of Marta’s fitness, our affiliates or other relevant third parties. 
• In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

You may, for your own personal, non-commercial use only, do the following: 

• retrieve, display and view the Content on a computer screen
• print one copy of the Content

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Marta’s fitness.

Third Party Services

• In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).
• If you use any Third Party Services, you understand that:
• Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
• You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.
  
  

Disclaimers

• Our Services are provided “as is” and “as available” basis. Marta’s fitness hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. 
• Marta’s fitness does not provide any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content or Services through, our Services at your own discretion and risk.
  
  

Medical disclaimer

• We are not medical practitioners or registered dieticians. We strongly recommend that prior to commencing any diet or exercise regime that you consult a medical practitioner and/or registered dietitian first. 
• We have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
• You acknowledge that when participating in any exercise program that there is the possibility of physical injury.
  
  

Subscription to Services

• Subscription to Services is done via Stripe.com payment processing platform after the unboarding call between the User and Marta’s fitness.
• You must ensure that the details provided by you upon subscribing to Services or at any time are correct and complete.
• You must inform us immediately of any changes to the information that you provide when subscribing by contacting Marta’s fitness to ensure we can communicate with you effectively.
• We may cancel your subscription with immediate effect for any reasonable purposes or if you breach these terms and conditions.
• The subscription amount is paid monthly, in advance for each month via Stripe with the option to pay the first three months in advance for a discounted rate.

We reserve the right to make subscription increases and will provide one month notice of any planned increase.

Cancellation policy

• The monthly subscription can be cancelled at any time, and the same applies to the three-month package following the initial three-month payment. We can cancel it, at your request. Once you cancel, you will not be charged again and will be able to continue the Service until the end of your current payment period.
• The subscription can be paused (temporarily put on hold). If you wish to stop, even if just temporarily, you can cancel your subscription — this can be done anytime following the initial one-month or three-month subscription payment. 
• You will be able to restart using the Services following your break, assuming we will have availabilities. When cancelled, you do maintain access to the Service until your subscription expires.
  
  

Refund Policy

• Marta’s fitness does not offer any refunds as this is a custom made subscription product, but you may cancel future subscriptions at anytime via Stripe or e-mail.
  
  

Privacy Policy and Cookie Policy

• Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://martasfitness.com/privacy-policy/ 
  
  

Limitation of liability

• Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
• We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  
  

To the maximum extent permitted by law, Marta’s fitness accepts no liability for any of the following: 

1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
2. loss or corruption of any data, database or software;
3. any special, indirect or consequential loss or damage.

• Marta’s fitness is not engaged in rendering medical advice, nor does it hold itself out as qualified to do so.
• We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
• Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
• Where we provide you with a Personalized Program, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise programme. Accordingly any actions that you take in relation to a Personalized Program should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
• Any Personalized Program will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us.
• You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Personalized Program.

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• Expected Results

• We believe that for most people, following our programs and methods will lead to desired results, nevertheless, all exercise programs depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:

1. the effectiveness any techniques or programs that we deliver; or
2. the results that you may achieve as a result of following our programs.

• All testimonials contain shown on our website or in our content are real people who have followed the programs provided by us. 
• They are, however, not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.