Last updated: March 2024
Effective Date: March 2024
Please Read These Terms of Service Carefully.
These Terms of Service form a legally binding contract between you and/or the company that you represent (“You” or “Company”) and Liaqa Fitness, or the applicable Affiliate (“Liaqa,” “we,” “our” or “us”). These Terms govern your access and use of the Services as defined below.
By checking the acceptance box or accessing or using all or any portion of the services, you agree to all terms and conditions of this agreement. This includes the Privacy Notice ([Link to Privacy Notice]), Terms of Use ([Link to Terms of Use]), Acceptable Use Policy ([Link to Acceptable Use Policy]), and any related policies or guidelines made available. These terms are as enforceable as any written agreement you signed. If you do not agree to these terms, do not access or use the services. If using the services on behalf of an entity, you confirm you’re authorized to accept these terms and bind the entity, representing that you have full authority to do so.
The terms become effective on the earliest of three specific events: (a) when you accept the terms, (b) when you first access or use the services, or (c) on the date of the first order document that references this agreement, if there’s one involved. This starting point is referred to as the Effective Date.
Note: You and your end users use the services, including any content, at your own risk. It’s strongly advised to seek advice from a medical professional before starting any fitness, health, strength training, or wellness activities offered through these services.
By providing your contact details, you consent to receive crucial updates related to the services, in accordance with the Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL) of the UAE, the Personal Data Protection Law (PDPL) of the Kingdom of Saudi Arabia, and applicable data protection regulations across the MENA region. This consent encompasses automated communications for essential information only. Additionally, you have the option to opt-in separately for marketing emails, allowing you to make an informed decision regarding these types of communications. Furthermore, these Terms specify that disputes will be resolved on an individual basis, precluding the possibility of class action lawsuits.
A. THE SERVICES
1. Scope of the Services
The Services offer a comprehensive platform designed for business management within the fitness industry. It supports fitness studios, gyms, coaches, personal trainers, and other fitness businesses in client management, scheduling, and communication. This platform enables businesses to authorize end users to access services for fitness, health, and nutrition guidance. It facilitates creating and sharing content between businesses and their clients, providing a community for users to connect, share, and inspire. The specified terms and conditions govern access to these services.
2. Eligibility
(a) The services are intended primarily for users aged 18 and older, reflecting legal considerations about consent and capability. Despite this, Liaqa Fitness acknowledges the potential benefits of coaching for minors of 13 years or older and, accordingly, permits their participation under the explicit consent of a guardian or parent. This approach is meticulously designed to comply with the UAE’s stringent protections for minors in the digital domain, encompassing laws from Wadeema’s Law to cybersecurity and data privacy regulations. Users bear the responsibility for ensuring the legality of minors’ participation, highlighting the significance of adhering to UAE regulations.
The coach is responsible for ensuring that minors’ parental consent is obtained before participating in their sessions. Liaqa Fitness is not liable for actions taken by coaches or if a minor accesses the services without parental consent. This policy underlines the importance of adherence to legal and ethical standards, particularly concerning minors’ participation, reinforcing the platform’s commitment to safety and compliance with UAE’s child protection laws.
If an account belonging to an individual under 18 is reported by parents or guardians, or identified as problematic, we reserve the right to terminate the account and delete all related data, upholding our commitment to legal compliance and user safety.
(b) Individuals or entities previously banned from using the Services by the provider, or those legally prohibited under UAE law or any other jurisdiction from accessing such services, are not eligible to use the Services.
(c) Using our platform for criminal activities, illegal actions, hate speech, terrorist-related activities, or any behavior undermining safety and security will result in immediate termination of service access.
3. Your Account
(a) To access the services, creating an account and setting a password might be necessary. Eligibility criteria, as outlined earlier, must be met. Account setup requires providing contact details and possibly additional authentication as per the provider’s discretion. It’s important to ensure the information for your account is truthful, accurate, and current. Impersonation is prohibited, and account names should not infringe on others’ rights or be offensive, as judged by the service provider, who reserves the right to deny account creation based on these criteria.
(b) You bear full responsibility for your account and any associated end users’ accounts, along with all interactions within or outside of the services, even with other end users. The platform is not liable for any issues arising between accounts, including employees, instructors, or coaches, nor for any data or content loss.
(c) You are responsible for ensuring that all necessary technology and infrastructure, including hardware, software, internet connections, and any other requirements, are compatible and adequately maintained for accessing and using the services.
(d) Ensuring the security of your account extends beyond just keeping your login credentials confidential. It involves a proactive approach to monitoring your account for any unusual activity, understanding the potential vulnerabilities, and implementing strong, unique passwords. Should any suspicious activity be detected or if there’s a breach of security, immediate notification to the service provider is crucial. Following such incidents, collaborating with the provider’s investigation and adhering to recommended security measures are essential to protect your account and personal information further.
4. Mobile Messaging and Calls
Under the terms, you may receive calls or texts for marketing or service-related purposes via automated technology. This contact might occur at any number associated with your account, but receiving marketing messages isn’t mandatory for service use. You can opt in or out anytime. The service doesn’t impose charges for messages, but carrier rates apply. There’s no liability for message delays. This process respects your data privacy rights, allowing you to choose how to be contacted, in line with previously discussed consent guidelines.
5. Services Communications
By using the Services, you consent to electronic communications as part of your interaction. These can include emails or notices on the service itself, fulfilling the requirement for such communications to be in writing. Once provided through account creation or content submission, your contact details may be used for communication in line with the privacy policy. Any communications you send to us are not considered confidential.
6. Monitoring
Liaqa Fitness and any applicable affiliates hold the discretionary right to monitor and remove content without notice for any reason, especially if it violates the terms or is deemed objectionable. It’s important for users to understand that they cannot solely rely on the content within the Services, and Liaqa Fitness is not obligated to retain or provide future access to any content.
7. Free, Trial, Beta Services, or Early Access
Liaqa Fitness may offer free, trial, or beta services at its discretion. While using these services, the standard Terms still apply, but they are offered “As Is” without warranties. Data retention or return during these trial periods isn’t guaranteed. Liaqa Fitness reserves the right to terminate or change these services at any time, potentially transitioning them to paid subscriptions with prior notice. Upon such notice, the option to use the services for free may end either on the notice’s effective date or when they become paid services.
8. Services Changes
Liaqa Fitness reserves the right to modify, update, suspend, or discontinue any part of its Services or their functionalities at its discretion, without prior notice. This includes adding new features, removing existing ones, or imposing limits to enhance the service experience.
9. Nonexclusive
The rights given under this agreement are not exclusive, allowing Liaqa Fitness the flexibility to engage in other agreements or partnerships globally, without restriction during or after the agreement term.
10. Professional Services
If you’re contracting for related professional services from Liaqa Fitness or its affiliates, these services will be detailed in a specific statement of work that refers back to these Terms.
B. YOUR RESPONSIBILITIES AND OBLIGATIONS
1. Consent
You are responsible for ensuring that you obtain explicit consent from both affiliates and end users to use the Services, especially for purposes like marketing through text messages, calls using automatic dialers, and email campaigns. This involves ensuring you have clear, lawful permission to engage and communicate with end users via these services, in full compliance with all relevant privacy and communication laws. This step is not only about adhering to legal requirements but also about respecting the privacy and preferences of your users, ensuring a trustful relationship between your service and its users.
2. Responsibility for Use of Services
You are tasked with ensuring all usage of the Services complies with these Terms, including use by your Affiliates and End Users. You must enforce terms in your agreements with End Users that are as stringent as these Terms, ensuring their compliance with all relevant laws. Your relationships with end users are solely your responsibility, and you have no liability falling on Liaqa Fitness. Usage of Services by your Affiliates and End Users is considered as your use under these Terms.
3. Data
You’re tasked with maintaining the accuracy and compliance of your data, ensuring it adheres to privacy and data protection laws. This includes managing end-user data responsibly and upholding any associated legal responsibilities, particularly when processing cardholder information. Compliance with PCI DSS is mandatory in such instances.
4. Prohibited Activities
By using the Services, You agree that you, and your Affiliates, staff, employees, contractors, consultants, advisors, independent coaches, trainers, or staff of any kind , and end users, will not:
(a) Avoid any illegal or unauthorized use of the Services.
(b) Do not interfere with or harm the Services’ operation or other users’ enjoyment.
(c) Refrain from using bots or automated tools to extract data or content.
(d) Obtain written consent before creating apps that interact with the Services.
(e) Never solicit or use another user’s login details without permission.
(f) Use someone else’s account without permission.
(g) Impersonation or false representation in any affiliate with Liaqa Fitness or others is prohibited.
(h) Uploading harmful code or compromising service security is forbidden.
(i) Bypassing content filters or accessing unauthorized areas is not allowed.
(j) Conducting vulnerability tests on the Services or related systems is off-limits.
(k) The Services should not be used to create competing products.
(l) Promoting activities that breach these Terms is not permitted.
(m) Follow content restrictions when posting or creating user content.
(n) Sending unsolicited ads without user consent is not allowed.
(o) Content from the Services must not be misused or unlawfully distributed.
(p) Removing proprietary notices from service content is prohibited.
(q) Services must not be directed at or collect data from minors without guardian consent
5. Representations
By using the Services, you affirm that: (i) you meet the eligibility criteria and are authorized to agree to these terms; (ii) your provided information is truthful, accurate, and complete; (iii) you have the right to use the payment method for fees; (iv) you will adhere to this agreement’s terms; (v) you follow all relevant US and international laws; and (vi) your registration details, including your name, address, and phone number, are correct and complete.
C. USER CONTENT
1. Content You Post
The platform allows you and your associates to share original content related to fitness, wellness, and health. Posting this “User Content” doesn’t mean you lose ownership of it, but you should be aware that once uploaded, it’s public and can be used by others. There’s no expectation of privacy for any content you decide to make public on the service, so share wisely and at your own risk.
2. Sole Responsibility
You must ensure you own or have permissions for any User Content you post on Liaqa. This content includes any text, images, or videos related to health and fitness. When posting content, you are agreeing that you’re solely responsible for it. This includes its legality, accuracy, and appropriateness. Liaqa Fitness is not liable for disputes over content ownership or for any misuse of your content by others. It’s crucial to remember that posting on the platform means your content is accessible publicly, and you should not expect privacy. Liaqa Fitness does not guarantee to host, store, or publish any User Content indefinitely and is not responsible for any loss or damage that may arise from the use of the platform, including but not limited to, any issues related to the content’s integrity, reliability, or any legal proceedings it may invoke.
3. License
By uploading User Content to Liaqa, you’re granting a comprehensive license that allows Liaqa Fitness, its partners, and associates to utilize this content broadly across all media forms, both current and future. This includes the rights to adapt, modify, and create derivative works for any purpose, particularly in promoting and expanding Liaqa Fitness’s reach. Importantly, this license is irrevocable and continues indefinitely, even if you cease using Liaqa Fitness’s services, ensuring the platform can continue to benefit from the shared content.
4. Content Restrictions
User submissions on Liaqa Fitness should not include any material deemed inappropriate by us, covering a range of specified content restrictions:
(a) Avoid content that breaks any laws, infringes on others’ rights, or violates intellectual property statutes.
(b) Refrain from posting anything harmful, defamatory, threatening, or laden with hate speech, including bigotry or profanity.
(c) Do not share pornographic, excessively graphic, or drug-related content.
(d) Ensure comments add value and are related to the content, avoiding pointless or non-constructive criticism.
(e) Do not share information that could encourage illegal activities or cause harm to individuals or property.
(f) Avoid personal attacks, confrontations, or any form of harassment.
(g) Limit promotional content unless it’s relevant and appropriate for the context.
(h) Do not pretend to be someone else or use offensive usernames.
(i) Avoid distributing malware or any software that could harm the service or users’ data.
(j) Steer clear of offering unverified medical, mental, or dietary advice.
5. Removal of User Content
Liaqa Fitness has the authority to remove any content at its discretion, especially if it breaches the Terms. If you encounter content that seems out of line with these guidelines, please let us know at support@liaqa.com
D. SUBSCRIPTIONS
1. Subscriptions
Subscription details, including terms and fees, are available on our website or as outlined in any order document. Liaqa Fitness may adjust subscriptions, terms, and fees at its discretion.
2. Fees
Subscription fees are charged for service access, except for free or trial options. Detailed on our website or in order documents, these fees, including renewals, are payable in advance for each term. Liaqa Fitness may update fees, including those from third parties, as necessary.
3. Payment Terms
Upon selecting a subscription, you agree to pay the fees from all available MENA currencies in the currency of your choice. These fees, detailed during registration or in your order document, are your responsibility for the entire term. Payments will be processed in the selected currency, and in case of any payment issues, you’re obliged to resolve them with Liaqa Fitness promptly.
4. Past Due Charges
Late fees will accrue interest at the lowest between 1.5% monthly or the highest rate allowed by law. You’ll be liable for collection costs, including legal expenses, if balances aren’t settled by the due date. Non-payment may result in immediate suspension or termination of your service access and agreement.
5. Taxes
Subscription fees exclude any taxes like VAT, sales, or withholding taxes from any jurisdiction. You must cover all such taxes related to your service purchases. If the law requires any deductions or withholdings from your payments, you need to pay an additional amount to ensure Liaqa Fitness receives the full payment as if no withholdings were made.
6. No Refunds
Once you choose a subscription and payment is made, the fees cannot be refunded under any circumstances. This includes no partial refunds for any unused portion of the service, no refunds for changing plans, and no refunds for unused time if you maintain an active account. You’re also responsible for any fees due upon renewal until your account or agreement with us ends. This policy ensures clarity and fairness in our billing process, aligning with our commitment to provide continuous, uninterrupted service to our subscribers.
If a chargeback is initiated, the user’s account will be immediately terminated and permanently prohibited from using the platform. This measure is to maintain the service’s financial integrity and trust.
E. PRIVACY
1. Liaqa Fitness Privacy Notice
Liaqa Fitness handles Personal Data as outlined in its Privacy Notice, fulfilling its duties and exercising rights under these Terms. You’re required to adhere to the Privacy Notice’s stipulations, ensuring compliance with how your data is managed and protected by Liaqa Fitness.
2. Company Privacy Notice
Your company must maintain a privacy notice that details how end users’ personal data will be used in connection with the Services, including processing by Liaqa Fitness, its affiliates, and third-party service providers. This notice must comply with all relevant laws and be easily accessible to end users. Failure to post or adhere to this notice could result in the immediate termination of your account and agreement with Liaqa Fitness.
Your company is required to (i) inform individuals from whom personal data is collected about this collection and its purpose, ensuring all legal notifications are provided; (ii) obtain and document consent where necessary; and (iii) supply proof of consent to Liaqa Fitness upon request. You must also inform end users about the processing of their data, directing them to your privacy policy, and securing the necessary consent to share their data with Liaqa Fitness and its partners for service provision. Liaqa Fitness may anonymize data for specific purposes and process data as required by law, acting as a data controller in certain cases.
3. Security
Liaqa Fitness commits to employing reasonable technical and organizational safeguards to protect personal information within the Services from unauthorized or accidental disclosure, alteration, loss, or destruction.
4. Subprocessors
You agree that Liaqa Fitness can engage subprocessors to help process personal data as part of delivering the service.
F. PROPRIETARY RIGHTS AND LICENSES.
1. Ownership and Reservation of Rights
Liaqa Fitness, along with its partners, retains ownership over all aspects of the Services, including software and content, under UAE and international laws. The brand’s trademarks and logos are protected, requiring written permission for any use. A limited license is provided to users, emphasizing the exclusivity of rights to Liaqa Fitness and its associates.
2. License
Upon full payment and adherence to the terms, Liaqa Fitness grants you a limited, personal, non-transferable, and revocable license to access and use the Services. This license does not allow for the reproduction, distribution, sale, or creation of derivative works from the Services or any content obtained from it.
G. DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
Liaqa Fitness honors the intellectual property laws of the UAE while also acknowledging those of the USA. We adhere to a procedure that aligns with both regions’ copyright regulations to protect copyrights and address infringements. Should copyright material be unlawfully distributed, we reserve the right to restrict access and, if necessary, remove such content. Repeat violators may face service discontinuation. A formal notice of copyright infringement must include specific details as outlined by the relevant legal frameworks. We require the following information in your notice of copyright infringement:
(a) the copyright owner’s or authorized person’s signature;
(b) details of the infringed work;
(c) location of the infringing material on our site;
(d) your contact information;
(e) a good faith belief statement regarding unauthorized use;
(f) a statement of accuracy under penalty of perjury, confirming your ownership or authorization to act for the owner.
Send your copyright infringement notice to our designated agent at DMCA@liaqafitness.com. Proper notices require a physical or electronic signature and must follow specific guidelines. Contact the agent only for copyright infringement issues. A written counter-notification is allowed if you believe your content was mistakenly removed.
H. FEEDBACK; SUBMISSION OF IDEAS
Liaqa Fitness values community input and collaboration, especially with local coaches, to enhance our platform. We welcome and encourage sharing ideas, suggestions, and feedback. To facilitate this, we’ve set up a public board where contributions can be submitted and voted on by the community, ensuring that we remain community-driven and responsive to the needs and innovations that can benefit everyone involved.
While community submissions and votes are highly valued, the final decision on implementing any idea into the platform rests with Liaqa Fitness, ensuring alignment with our vision and goals.
I. TERM, TERMINATION AND SUSPENSION.
1. Term
(a) The Agreement starts on the Effective Date and will continue until either (i) all subscriptions under it have expired, or (ii) it is terminated as outlined in the Agreement.
(b) The subscription period is detailed on the website or in the order document you received. It starts from the agreed-upon Effective Date and lasts until the selected subscription either expires or is terminated. This period is your Initial Term, during which you’ll have access to the services you’ve chosen based on the terms laid out at the start of your subscription.
2. Renewals
While subscriptions currently don’t auto-renew on our platform, we plan to introduce this feature soon for durations of one month, three months, six months, or one year, based on the initial choice, enhancing convenience. All pricing is based in USD, meaning currency conversions at renewal could vary, affecting the cost in your local currency, even if the USD price remains unchanged. Future renewals may reflect updated rates, and you’ll need to notify Liaqa Fitness thirty (30) days before the end of the initial term or renewal term, whichever is applicable. Notice of nonrenewal to Liaqa Fitness should be sent to support@liaqa.com. Regardless of previous rates, renewal terms may see updated subscription fees based on Liaqa Fitness’s current prices.
3. Termination By You
While your subscription’s initial and renewal terms are set to be non-cancelable as outlined, you have the flexibility to discontinue the services. However, it’s important to remember that stopping use doesn’t relieve you of the obligation to pay all associated fees, including any remaining subscription fees, for the agreed-upon term.
4. Termination for Convenience
Either party can end the agreement for any reason by giving a thirty (30) day notice before the term ends. If you terminate early, you must pay all outstanding fees. There will be no refunds for partial service usage.
5. Termination for Cause
Liaqa Fitness can terminate this agreement immediately for specific reasons, affecting either all or part of these Terms, any Subscription Term, or user account access. In such cases, aside from other dues, all unpaid fees for the term must be settled promptly.
6. Effect of Termination
Upon the termination or expiration of this Agreement or any subscription term, you must immediately stop using the Services and either destroy or return any confidential information from Liaqa Fitness, as requested. You will lose access to all data, including end-user information you’ve entered, and Liaqa Fitness may remove this data at its discretion, emphasizing the finality of service cessation.
J. THIRD-PARTY SERVICES AND LINKS
1. Third-Party Products and Services.
Liaqa Fitness may integrate third-party services or content to enhance our platform, but these are separate from our core services. We don’t endorse or control these third-party offerings, which are not covered by our Terms. Any interaction or exchange of data between you and third-party services is directly with those providers. Liaqa Fitness may share your data with these services for integration purposes, but we’re not responsible for how they use, modify, or manage that data. Access to third-party services may be changed or withdrawn by Liaqa Fitness at any time. Your use of third-party services is solely at your risk, with no liability for Liaqa Fitness, and is subject to the terms and policies of those third-party providers.
2. Payment Services
Liaqa Fitness allows payment processing through services from third-party processors, regarded as external services under these terms. Engagements with these services necessitate a distinct agreement directly with the processor, ensuring adherence to their conditions and all related regulations. Utilizing these services requires compliance with both the terms of these agreements and the Payment Card Industry Data Security Standards for handling credit card data, ensuring secure transactions and data management.
Liaqa Fitness uses Stripe and MyFatoorah payment services on the platform. When engaging with Stripe or MyFatoorah for Payment Services through a Connected Account Agreement, your company authorizes Liaqa Fitness to manage your Stripe or MyFatoorah account. This includes sharing data necessary for transaction processing, refunds, dispute resolution, and other account management tasks on your behalf.
Your company must ensure the information provided to Liaqa Fitness and payment processors like Stripe or MyFatoorah is accurate and complete, and maintain its accuracy throughout this agreement. You’re also responsible for any claims arising from inaccurate information, pledging to defend and protect Liaqa Fitness and its affiliates from such claims.
Your company acknowledges that if Stripe or MyFatoorah incurs losses related to your account’s activities, such as chargebacks or fees, and cannot recover these directly, they may seek compensation from Liaqa Fitness. Therefore, you agree to protect Liaqa Fitness against such losses, allowing Liaqa Fitness to deduct these losses from payments owed to you.
3. Links
Liaqa Fitness may include links to third-party sites for convenience, but it doesn’t endorse or control them. Users should exercise caution and review the terms and privacy policies of these external sites before engaging. Liaqa Fitness isn’t liable for the content or products on these sites. The decision to interact with these links is at the user’s own risk, and Liaqa Fitness reserves the right to remove any links at its discretion.
K. COMPLIANCE
You’re required to ensure that all dealings related to the Services comply with UAE laws and any applicable international regulations, including those concerning privacy, anti-corruption, and trade. Engage only in truthful and ethical marketing, avoiding any actions that could negatively impact Liaqa Fitness, its services, or its community. This includes adhering to copyright and trademark laws, ensuring all digital content and domain names meet ICANN standards and UAE’s stringent digital conduct rules.
L. INDEMNITY
You agree to protect and compensate Liaqa Fitness and its related parties from any legal or financial consequences arising from: (a) how you or your users engage with the Services; (b) any breach or supposed breach of our terms; (c) any legal violations; (d) issues related to content you provide; and (e) any claims of rights infringements by content you upload. This includes covering any losses or damages linked to these actions.
M. DISCLAIMER
Liaqa Fitness aims to offer services with a reasonable level of skill and care. However, there are no guarantees regarding the content, functionality, quality, or security of the services, nor their ability to meet specific needs. The services, including any user-generated content, are provided “as is” without any promise of being error-free. Thus, using the services is at your own risk.
Liaqa Fitness and its affiliates do not guarantee the services or any content, explicitly disclaiming all warranties, whether express or implied. This includes warranties of merchantability, non-infringement, and fitness for a particular purpose, among others. Any issues with third-party services must be addressed directly with those providers.
N. LIMITATION OF LIABILITY AND DAMAGES
Liaqa Fitness and its affiliates won’t be liable for indirect or consequential damages related to the use of the services, content, or third-party services, including data loss or business interruption. This limitation applies unless prohibited by law.
Under the agreement, Liaqa Fitness’s total liability is capped at the higher of either the amount you’ve paid in the two months before a claim arises or US $1000, adhering strictly to legal limits.
O. INFORMATIONAL PURPOSES ONLY
1. The content and information provided by the Services are solely for informational purposes and should not replace professional medical advice or treatment. Engaging in any fitness or wellness program should be preceded by consulting healthcare professionals. Liaqa Fitness is not a licensed healthcare provider, and the responsibility to assess one’s health condition lies with the individual. Always prioritize professional guidance over information from the Services, and use such information at your own risk.
2. The Services gather content from various sources, including third-party providers, but do not offer medical or personal advice. It’s important to consult with healthcare professionals for medical, emotional, or dietary guidance. Liaqa Fitness and its partners do not provide medical services through the platform.
3. You and your end users must recognize that Liaqa Fitness doesn’t provide medical services. Decision-making based on the Services rests solely with you, and Liaqa Fitness is not liable for any adverse effects or damages arising from reliance on the provided content or information.
P. DISPUTES; ARBITRATION
Carefully review this section, as it involves a waiver for class action, meaning disputes must be handled on an individual basis, not as group litigation. This agreement also includes waiving the right to a jury trial for disputes.
Liaqa Fitness strives to satisfy your needs with our services. If issues arise, we’re eager to resolve them but must be informed about the problem. Before escalating a dispute, you’re required first to give us a chance to address the issue by sending us a detailed written description. Following this, we expect you to engage in good-faith discussions with us to find a resolution. Please include the specific details of your concern and send it to our designated email address, disputes@liaqafitness.com.
Class arbitrations, class actions, and similar collective legal proceedings are not prohibited. By agreeing to these terms, you waive your right to participate in any class action lawsuit against Liaqa Fitness.
You and Liaqa Fitness waive the right to a jury trial for any claims or disputes arising between us.
In no event shall any claim, action, or proceeding by You related in any way to these Terms be instituted more than two (2) years after the cause of action arose.
Q. EXPORT CONTROL
Your company and its users must adhere strictly to United States and UAE export controls, economic sanctions restrictions, laws, and regulations, ensuring no access or distribution of services or content to embargoed regions or individuals on denied lists. This responsibility extends to preventing any third party from using the services in violation of these laws. Ensure compliance by not engaging with sanctioned areas or listed entities, and maintaining legal integrity in service usage and distribution. You will not, and will not permit any end user or any other third party, to access, use, transfer, import, or download directly or indirectly, the services, content, software, technology, or any other materials associated with the services, into any embargoed or terrorist-supporting country or region or otherwise in violation of any U.S. and UAE export law or regulations.
R. ADDITIONAL TERMS
When using the Services, be aware that additional terms (“Additional Terms”) may apply, especially for certain services, promotions, or contests. These will be presented to you with the relevant services and become part of your agreement if you opt to use them. Should there be any inconsistency between these Terms and the Additional Terms, the latter will take precedence for the specific services they cover
S. MISCELLANEOUS
1. Notice: Notices regarding the Terms should be written. You agree to receive electronic communications from Liaqa Fitness, which may be via email, live chat, or postings on the website, fulfilling any legal requirement for written communication. Notices to Liaqa Fitness should be directed to the provided address, unless specified differently on the website.
2. Governing Law, Jurisdiction, and Venue: These Terms will be governed by UAE laws, with any disputes to be resolved in UAE courts. You agree that any legal action or proceeding between Liaqa Fitness and You for any purpose relating to this Agreement shall be submitted to the exclusive jurisdiction of the courts of UAE. Nothing in this section shall restrict Liaqa Fitness’s right to bring an action against You in the jurisdiction where you are located. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction, do not apply to this Agreement.
3. Severability: If a part of this agreement is found to be invalid by a court, it will be modified to the minimum extent necessary, allowing the rest of the agreement to stay effective.
4. Waiver: No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
5. Independent Contractors: The parties to the Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise, or agency created hereby between the parties.
6. Press Release and publicity: Upon Liaqa Fitness’s request, the company agrees to collaborate on a press release at a mutually agreed time and permits Liaqa Fitness to feature the company’s name and logo on its website and marketing materials, if chosen.
7. Revisions and Amendments: We may revise this Agreement at any time, which includes Terms, Additional Terms, or the Privacy Notice. Changes become effective upon posting on our website. It’s your responsibility to review these updates. Continuing to use the Services after changes means you accept the revisions. If you disagree with the updates, you must stop using the Services and may terminate your account as described in the Terms.
8. Entire Agreement: This Agreement is the total agreement between you and Liaqa Fitness about the use of Services and Content, replacing all previous agreements on this subject.
9. Franchise: This section outlines that the Agreement covers all entities under the company, including affiliates and franchisees, in using the Services. The company is responsible for ensuring compliance with these Terms by its affiliates and franchisees. Affiliates and franchisees are considered bound by the Terms once they use the Services or acknowledge the Agreement, and they share joint responsibility for obligations under this Agreement.
If you’re a franchisee, you’re giving us, Liaqa Fitness, the authority to follow the instructions and directives from your franchisor about any part of this agreement. You confirm that you’ve allowed your franchisor to give us these instructions. If there’s ever a conflict between what you tell us and what your franchisor instructs, we’ll go with your franchisor’s directions and won’t be liable for not following your instructions.
You also allow us to manage payments (processed by Stripe, MyFatoorah, or another payment service) based on your franchisor’s instructions, including blocking payments if necessary. As a franchisee, you guarantee you’ve given your franchisor the power to enforce their agreement with you, especially if your actions or lack thereof breach this agreement.
Moreover, you assure that your franchisor can access and use personal data from you or your customers, with all the required permissions and notifications to those whose data it is. You agree to protect Liaqa Fitness against any third-party claims, costs, or damages that arise because of actions we take following your franchisor’s instructions or because of your franchisor’s involvement with personal data.
10. Third-Party Code: The software included in our Services might come with or use parts that are governed by “open source” software licenses. We’ll let you know which parts are open-source in the documentation, or if you ask us in writing, we can give you a list of the open-source software used in a specific version of our software. If the open source license requires it, its rules will take the place of this agreement’s terms, but only for that open source component. This could include rules about looking at the source code, changing it, or figuring out how it works.
11. Contact Us: If you have any questions regarding these Terms, contact us at legal@liaqafitness.com. If you have questions regarding the Services, contact us at support@liaqa.com.