Terms & Conditions
By pursuing a Novafitness Account (as characterized in Section 1) or by utilizing any Novafitness Services (as characterized underneath), you are consenting to be limited by the accompanying terms and conditions (the "Terms of Service").
As utilized in these Terms of Service, "we", "us" and "Novafitness" signifies the relevant Novafitness Contracting Party (as characterized in Section 4 beneath).
The administrations offered by Novafitness under the Terms of Service incorporate different items and administrations to help you offer labour and products to purchasers, regardless of whether ("Online Services") by empowering you to make and assemble your online store, face to face ("POS Services"), or both. Any such administrations offered by Novafitness are alluded to in these Terms of Services as the "Administrations". Any new highlights or apparatuses which are added to the current Services will be likewise dependent upon the Terms of Service. You are informed to check the Terms concerning Service every once in a while for any updates or changes that may affect you. also, on the off chance that you don't acknowledge such corrections, you should stop utilizing the Services.
Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Novafitness or any Novafitness services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
To access and use the Services, you must register for a Novafitness account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Novafitness may reject your application for an Account, or cancel an existing Account, for any reason.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Novafitness to carry on business activity and not for any personal, household or family purpose.
You acknowledge that Novafitness will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Novafitness and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Novafitness can only be authenticated if they come from your primary account email address.
You are responsible for keeping your password secure. Novafitness cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You acknowledge that you are responsible for the creation and operation of your Novafitness Store.
If we need to reach you, we will send you an email.
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service.
You acknowledge and agree that Novafitness may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Novafitness.
Your continued use of the Services after the amended Terms of Service are posted to the Novafitness website constitutes your agreement to, and acceptance of, the amended Terms of Service.
If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations.
We reserve the right to modify or terminate the Services for any reason, without notice at any time.
Not all services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Novafitness customer, Novafitness employee, member, or officer will result in immediate Account termination.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
“Confidential Information” shall include, but shall not be limited to, any information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Novafitness Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
Limitation of Liability
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Novafitness does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Novafitness does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Novafitness is not responsible for any of your tax obligations or liabilities related to the use of Novafitness Services.
Novafitness does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
Waiver, Severability, and Complete Agreement
The failure of Novafitness to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Novafitness and govern your use of the Services and your Account, superseding any prior agreements between you and Novafitness (including, but not limited to, any prior versions of the Terms of Service).
Which means If Novafitness chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later. These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and Novafitness don’t apply if they conflict with these terms.
Privacy & Data Protection