The website, https://fitmeglobal.com/ and its website and application is owned, operated and maintained by Live Technologies Ltd. (“Company”, “We”, “Us”, “Our”).
PLEASE READ THE TERMS CAREFULLY BEFORE USE OF THE FITME GLOBAL SERVICES. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE END USER OF FITME GLOBAL) AND COMPANY (THE OWNER OF FITME GLOBAL), AND GOVERN YOUR USE OF THE FITME GLOBAL. BY CHECKING/CLICKING ON THE ‘I AGREE’ LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR BROWSING OR USING FITME GLOBAL, YOU EXPRESSLY ACCEPT THE TERMS. IF YOU DO NOT ACCEPT TO THE TERMS, PLEASE DO NOT BROWSE AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE FITME GLOBAL.
For the purpose of these Terms of Use, the terms "You" “Your” or "User" shall mean any person, natural or legal who uses or browses FITME GLOBAL. The term "We", "Us", "Our" shall mean Company.
1. DEFINITIONS
Certain words in this Terms of Use have a specific meaning and are explained below for YOUR easy understanding:
- I. ‘Application’ means the FITME GLOBAL application owned by Live Technologies Ltd. to provide the wellness consultation and contents on devices, which is available on various platforms such as android and supported web browsers etc.
- II. ‘Content’ means all text, graphics, images, music, software, audio, video, information or any other materials available on FITME GLOBAL.
- III. ‘Devices’ means any and all internet enabled devices like smart phones, tablets, laptops, desktops, etc. which are compatible with and have access to the Internet
- IV. ‘FITME GLOBAL’ means FITME GLOBAL website, https://fitmeglobal.com/, FITME GLOBAL mobile web platform and FitMe356 Mobile Application, and any other future variations or domain, Application and any present and future means and modes to offer Services.
- V. ‘Internet’ shall mean the system making use of the TCP/IP software protocols known as the internet or the worldwide web whatever the communications links may be which connects the user (including by way of fixed, mobile, DSL, ISDN, UMTS WiMax or other broadband links) including any developments in such protocols or any other protocols which may be developed which give equivalent, reduced or enhanced functionality compared with such protocols.
- VI. Company reserves the right to modify or discontinue FITME GLOBAL at its sole discretion with or without notice to YOU. Company shall not be liable to YOU or any third party in any manner, should Company exercise its right to modify or discontinue the FITME GLOBAL. Further, Company reserves the right, at any time, with or without notice and without any liability to:
• Replace or otherwise withdraw Subscription Packages or Content,
• Change or reduce the number of hours of any Content;
• Blackout any Content; and
• Modify the prices for Subscription Packages or any part of FITME GLOBAL service.
VIEWERS DISCRETION
SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE. Your access to and use of the Services is subject to these Terms of Use, Privacy Policy and all applicable laws, rules, and regulations.
2. YOUR RESPONSIBILITIES
YOU will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use FITME GLOBAL and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by you from the internet service provider.
FITME GLOBAL is compatible on selected operating systems and specific versions and Device(s). The download procedure of the Application shall be subject to the process specified by the operating system of YOUR Device(s). YOU need to have a Device connected with Internet for download of FITME GLOBAL to begin and complete. Company shall not be responsible in case of any fluctuation in the Internet connection speed leading to corruption of Application file download or any delayed or defective download of the Application on Your Device(s). Company shall not be responsible or liable to YOU for interruption, disruption, deactivation of FITME GLOBAL on account of any Force Majeure Event. For the purpose of these Terms of Use, “Force Majeure Event” shall mean any event beyond the reasonable control of Company including but not limited to act of God, any act or omission of government or quasi-government agencies or lock out, strike, curfew, technical errors etc. Company may, at its sole discretion, make bug fixes, updates for the installed Application. In the event Company has upgraded the Application or any features thereof, you will be required to update Your Device in order to make the Device compatible with such upgrades. Company shall not be responsible or liable to YOU in the event You are unable to access FITME GLOBAL or view the Content on FITME GLOBAL due to Your failure to upgrade Your Device.
The Content contained or available on FITME GLOBAL is protected by copyright, trademark, patent, trade secret and other laws and shall be used as provided in these Terms of Use, without written permission of Company.
3. REGISTERED USERS
YOU may register YOURSELF as a user of FITME GLOBAL and become a registered user of the FITME GLOBAL platform (“Registered User”). During the registration process, YOU as Registered User are required to create user name (by using YOUR mobile number) and password.
As Registered User, YOU agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Live Technologies Ltd. reserves the right to suspend or terminate YOUR registration as Registered User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As Registered User, YOU shall be responsible for safeguarding YOUR password and for all transactions undertaken using YOUR Username and password. YOU agree not to disclose YOUR password to any third party and to take sole responsibility for any activities or actions under YOUR account, whether or not YOU have authorized such activities or actions. It is YOUR sole responsibility to change YOUR password immediately if YOU believe that YOUR password has been compromised. ZEEL will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of YOUR Username and password in any circumstances.
4. SUBSCRIPTION SERVICES
Some of the Content is only available to users who avail the Subscription Packages. Any Registered User can avail the Subscription Package (“Subscription User”). As Subscription User, You will be required to subscribe to Subscription Packages made available by FITME GLOBAL from time to time.
YOU may subscribe to FITME GLOBAL services registering and availing a Subscription Package on FITME GLOBAL platform. During the registration process, YOU are required to create user name (by using YOUR mobile number) and password.
The subscription to Subscription Packages may be subject to additional terms specified by Company. Depending on packages and/or value added services and the term of the proposed subscription, YOU will be required to make online payments through YOUR credit card or debit card or net banking account or cash card or via any other mode made available for making payments through mediums as authorized in YOUR territory and as provided by Company for accessing and browsing FITME GLOBAL. The facility for online payments through credit cards or debit cards or net banking account or cash card or any other mode is available for selected credit cards, debit cards, net banking accounts and cash cards only. If YOU wish to avail the FITME GLOBAL after the expiry of the initial term of Subscribed Packages, YOU shall prior to expiry of such term, recharge of YOUR account with the then prevailing subscription charges.
Your access or use of the Services and related technology infrastructure or any part thereof for access to the Services are governed by these Terms of Service (“Terms”). Please read these Terms carefully before registering with or using the Services. If you do not agree to these Terms, you may not use the Services. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Us regarding Our Services.
FITME GLOBAL provides a daily, weekly, monthly and on-demand subscription based service that allows our members to access entertainment content including but not limited to movies, web-series, fictions, and web-films (“FITME GLOBAL content”) streamed over the Internet to mobile devices, computers and other devices ("FITME GLOBAL ready devices").
These Terms of Use govern your use of our service. As used in these Terms of Use, "FITME GLOBAL service", "our service" or "the service" means the personalized service provided by FITME GLOBAL for discovering and watching FITME GLOBAL content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service. These Terms of Use (“Terms of Use”) govern your use of our service.
5. Billing and Cancellation
- I. Billing Cycle. The membership fee for the FITME GLOBAL service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- II. Payment Methods. To use the FITME GLOBAL service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
- III. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
- IV. Cancellation. You can cancel your FITME GLOBAL membership at any time, and you will continue to have access to the FITME GLOBAL service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched FITME GLOBAL content. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for FITME GLOBAL using your account with a third party as a Payment Method and wish to cancel your FITME GLOBAL membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the FITME GLOBAL service through that third party. You may also find billing information about your FITME GLOBAL membership by visiting your account with the applicable third party.
- V. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
6. FITME GLOBAL Service
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I. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the FITME GLOBAL service. Minors may only use the service under the supervision of an adult.
- II. The FITME GLOBAL service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your FITME GLOBAL membership we grant you a limited, non-exclusive, non-transferable right to access the FITME GLOBAL service and view FITME GLOBAL content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
- III. You may view the FITME GLOBAL content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the "Account" page.
- IV. The FITME GLOBAL service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of FITME GLOBAL content. You can turn off tests participation at any time by visiting the "Account" page and changing the "Test participation" settings.
- V. Some FITME GLOBAL content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
- VI. You agree to use the FITME GLOBAL service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the FITME GLOBAL service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the FITME GLOBAL service; use any robot, spider, scraper or other automated means to access the FITME GLOBAL service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the FITME GLOBAL service; insert any code or product or manipulate the content of the FITME GLOBAL service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the FITME GLOBAL service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
- VII. The quality of the display of the FITME GLOBAL content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all subscription plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching FITME GLOBAL content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your FITME GLOBAL ready device.
- VIII. FITME GLOBAL software is developed by, or for, FITME GLOBAL and is designed to enable viewing of FITME GLOBAL content through FITME GLOBAL ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the FITME GLOBAL and related third-party software.
7. Passwords and Account Access.
The member who created the FITME GLOBAL account and whose Payment Method is charged (the "Account Owner") has access and control over the FITME GLOBAL account and the FITME GLOBAL ready devices that are used to access our service and is responsible for any activity that occurs through the FITME GLOBAL account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the FITME GLOBAL ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, FITME GLOBAL or our partners from identity theft or other fraudulent activity.
8. Warranties and Limitations on Liability
The FITME GLOBAL service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.
9. Class Action Waiver.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FITME GLOBAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and FITME GLOBAL agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
10. Miscellaneous
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I. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Bangladesh.
- II. Unsolicited Materials. FITME GLOBAL does not accept unsolicited materials or ideas for FITME GLOBAL content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to FITME GLOBAL.
- III. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the FITME GLOBAL Help Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
- IV. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
- V. Changes to Terms of Use and Assignment. FITME GLOBAL may, from time to time, change these Terms of Use. We will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
- VI. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.