Terms & Conditions - Max Fit Portal

Fitness Recipes Lifestyle Service: Comprehensive Terms and Conditions

1. Introduction to the Service This document outlines the Terms and Conditions governing your use of the Max Fit service. Max Fit operates as a fitness and recipe service. This service is formally operated by Max Fit, a promoter name under the ownership of Magiclick Media LTD, a company duly registered in England and Wales under company number 0330 057 0984, with its registered office located at 8 Cosmia Court, Vale Road, Bushey, England, WD23 2PH. By accessing or utilising our service, you explicitly agree to be legally bound by all stipulations set forth within these Terms and Conditions. Should you not assent to these terms, you are prohibited from accessing or using the service.

2. Data Processing and Privacy We are committed to the responsible handling of your personal information. Our data processing activities are conducted strictly in accordance with our comprehensive Privacy Policy which can be found [HERE].

3. Formation of Your Contract with Us Upon registering for a subscription to the Max Fit service, you affirm and warrant the following key contractual prerequisites:

You possess the full legal capacity to enter into a binding agreement and are a minimum of eighteen (18) years of age.
You assume complete and unreserved responsibility for all charges, liabilities, and costs arising directly or indirectly from your use of the service, which includes, but is not limited to, expenses associated with products and services furnished by our esteemed third-party partners.
All information furnished during the registration process is certified as complete, accurate, and entirely free from misleading statements.
Your engagement with the service is strictly limited to legitimate and personal entertainment purposes. Any commercial, business, or public use is expressly prohibited.
You are strictly prohibited from sharing your subscription login credentials with any other individual or entity.
You shall refrain from utilising any materials, content, or data pertaining to advertising, marketing, or promotional activities for personal, business, or commercial endeavours.

4. Subscription Activation and Management Your subscription to the service formally commences upon the successful completion of the service registration process. This process necessitates the provision of a correct and valid payment method, encompassing options such as PayPal, Apple Pay, Google Pay or Credit Card, Once your subscription achieves active status, we will promptly furnish you with a comprehensive confirmation email detailing the specific parameters and inclusions of your subscription.

5. Pricing Structure and Payment Terms All applicable subscription rates shall be definitively confirmed within your subscription confirmation email, issued subsequent to the completion of your registration. Following the conclusion of any applicable trial period, your inaugural payment shall constitute an upfront payment equivalent to one month’s subscription fee, due upon registration. Subsequent to this, a recurring monthly fee, as explicitly stated at the time of purchase, will be charged on the same calendar day each month until such time as you elect to cancel your membership.

Your subscription benefits from automatic monthly renewal on the corresponding date. It is important to note that all automated monthly payments are non-refundable once they have been successfully processed. We retain the unilateral right to revise our pricing structure at any given time. In the event of a proposed increase to your monthly subscription fee, we commit to notifying you via email, confirming the new proposed fee, at least thirty (30) days prior to the application of the increased fee to your subscription.

Should a monthly fee for your subscription remain unreceived, we reserve the right to restrict your access to the service until your subscription account is brought to a current and up-to-date status. In instances of non-payment or a failed billing attempt to your designated payment method, we will undertake additional billing attempts for a period extending up to ninety (90) days. Should payment recovery efforts remain unsuccessful, your subscription will be subject to cancellation. Furthermore, where our repeated billing attempts fail, we reserve the right to refer your subscription account and any outstanding amounts owed to a specialised third-party recovery agency, and to recover any additional costs legitimately incurred in the process of such recovery.

For subscriptions processed via Apple Pay, Google Pay, or PayPal, it is pertinent to be aware that in certain scenarios, your subscription payment may be collected prior to its scheduled due date. Consequently, it is your responsibility to ensure that your nominated account possesses sufficient funds to cover the payment. All Apple Pay and Google Pay transactions are securely processed via our third-party payment gateway, Stripe. All payment transactions adhere to PCI Compliance standards, signifying that we do not, and will not, store your sensitive payment card details. You bear the sole responsibility for promptly notifying us of any alteration to your designated payment method.

6. Service Disclaimers and Limitations of Liability All rights pertaining to the Max Fit service are expressly reserved. All information presented on this website is provided exclusively for reference purposes. While we diligently endeavour to ensure the accuracy, reliability, and completeness of the information provided , we do not extend any warranty or representation, whether express or implied, nor do we accept any responsibility for the accuracy, completeness, reliability, or suitability of the information, beyond that which is explicitly incorporated into the written terms of our contract.

We disclaim all liability whatsoever to you or any other associated person for any loss or damage arising from any inaccuracy or omission in the information you provide when interacting with our service, or from any consequences, decisions, actions, or non-actions taken prior to the consumption of any products or services. Where our service may contain links to external sites and resources provided by third parties, these links are furnished solely for your informational convenience. We exert no control over the content of such external sites or resources, and consequently accept no responsibility for them, or for any loss or damage that may arise from your use or downloading of them.

We explicitly disclaim responsibility or liability for system or network errors, or any other issues beyond our reasonable control, which may disrupt access to or delivery of the service's content. Furthermore, we accept no responsibility for any loss or injuries incurred as a direct or indirect result of your participation in any exercise programs offered through the service. The nutritional information disseminated on this website is provided purely for informational purposes. Recipes made available on this platform may not have undergone formal testing by or on behalf of our organisation, and we offer no assurances, nor do we accept any responsibility or liability, regarding their originality, efficacy, quality, or safety.

It is imperative that you consult with a qualified healthcare professional prior to enacting any significant lifestyle modifications pertaining to your dietary requirements. You bear the sole responsibility for meticulously reviewing all listed ingredients prior to preparing any food, to ensure that no ingredient may cause adverse effects to any individual consuming the food, encompassing specific nutrient deficiencies, allergies, pregnancy-related effects, or other food-related health concerns. You should also be cognisant that participation in exercise inherently carries an element of risk of injury. Consequently, it is strongly advised that you consult with a medical professional before commencing any new exercise program or activity. You are expected to undertake appropriate measures to ensure you are exercising within a safe environment, utilising appropriate attire, and accurately following all provided instructions.

7. Account Holder Responsibilities By subscribing to the service, you, the Account Holder, unequivocally warrant that:

You shall not download, use, or copy any of the service materials except as expressly permitted by these Terms.
You shall not employ the service for any business, commercial, or public purpose.
You shall not attempt to, nor encourage, the misuse of the service by introducing viruses, trojans, worms, logic bombs, or any other material deemed malicious or technologically harmful.

8. Promotional Activities We may, from time to time and at our sole discretion, conduct various promotions in connection with our service. These promotions may include, but are not limited to, trial periods, reduced subscription prices, prize draws, and offerings of free products from promoted brands, which may be accessible free of charge (subject to registration). Where such promotions are in effect, specific additional rules shall apply to those promotions. These supplementary rules shall operate in conjunction with, and as an addition to, these general terms and conditions.

9. Limitation of Our Liability Nothing contained within these terms shall be construed as limiting our liability in respect of death or personal injury demonstrably caused by a negligent act, fraud, fraudulent misrepresentation, or any other losses that cannot be lawfully excluded or limited by applicable law. Without prejudice to any specific limitations and exclusions explicitly set forth under these Terms, our total aggregate liability to you shall be strictly limited to one month’s subscription fee. We shall not be held liable for any indirect or consequential loss, howsoever arising, including, but not limited to, loss of or corruption to data, systems, or equipment, or the actions of third parties which may detrimentally affect the use of the service.

10. Subscription Cancellations and Refunds Subject to the specific provisions detailed within this clause, you are entitled to cancel your subscription at any time through the following designated methods:

Email: [email protected]
Telephone: 0330 057 0984
Online: Navigate to your account settings and select the ‘cancel account’ option
Live Chat: Available on the business website, as indicated by the payment descriptor on your bank account statement

Your cancellation will become effective at the conclusion of your current billing period.

Should you elect to cancel your subscription within fourteen (14) days from the day immediately following your registration date (defined as the ‘cooling off’ period), you will be entitled to a full refund of your subscription fee. It is important to note that we do not offer refunds, whether prorated or otherwise, for the remaining duration of the subscription term. We wish to explicitly state that refunds will not be issued for any subscription cancellations submitted after the expiration of the cooling-off period. While you retain the right to cancel future payments for your subscription at any time, any payments that were successfully processed prior to the date of cancellation will not be refunded.

All refunds offered outside of the aforementioned cooling-off period are granted solely on a discretionary basis. We reserve the right to withdraw any such discretionary refund in the event that a dispute arises via your chosen payment merchant, such as PayPal or Credit Card. All chargeback requests will be subjected to thorough investigation and diligent review by our dedicated Policy Team. Where a valid contract is demonstrably established, the chargeback will be vigorously disputed, and you may be placed on a blacklist to prevent any further potential misuse of our services.

11. Fair Usage Policy In instances where there is a genuine and reasonable belief that there has been a misuse of the service by you, or by a third party connected to you, we may, at our absolute discretion, issue you with a formal warning to encourage moderation of your behaviour and interaction with the service. In extreme cases, we reserve the unequivocal right to reject, and subsequently cancel, any subscriptions where there is a genuine and substantiated belief that misuse of the service by you or a connected third party is excessive and poses a direct threat to the integrity and operational stability of the service.

12. Complaints Resolution Procedure We are committed to addressing all complaints with the utmost seriousness and endeavour to resolve all grievances promptly and equitably. In the course of addressing your complaint, our staff will maintain a respectful and professional demeanour at all times, and we expect a reciprocal standard of behaviour towards our staff. All customer service calls are recorded for quality and training purposes, and our staff reserve the right to terminate any call if they are subjected to abuse or threats.

Should you have a complaint concerning your subscription or the service itself, we kindly request you contact us using one of the following communication methods:

Telephone: 0330 057 0984
Email: [email protected]
Postal Address: 8 Cosmia Court, Vale Road, Bushey, England, WD23 2PH

All information received in connection with your complaint shall be utilised solely for the express purpose of investigating and formulating a comprehensive response to the complaint lodged. We will endeavour to resolve your complaint within a timeframe of ten (10) working days. For further detailed information regarding our complaints procedures, please liaise directly with our Customer Services Team.

13. General Provisions

Assignment: The Contract established between the parties shall not be assigned by the Contractor without the prior written consent of Max Fit.
Amendments: This Agreement shall not be amended or modified except with the prior written approval of each Party hereto.
Intellectual Property (IP): The Contractor hereby agrees and acknowledges that all Intellectual Property rights pertaining to Max Fit’s material related to the Campaign shall at all times remain the exclusive property of Max Fit. This Intellectual Property shall not be used, distributed, disclosed, or licensed by the Contractor without the prior express written permission of Max Fit.
Governing Law & Jurisdiction: This Agreement and these Terms shall be construed and interpreted in accordance with the laws of England. The parties irrevocably agree that the English courts shall have exclusive jurisdiction to resolve any disputes arising out of or in connection with both contractual and non-contractual matters pertaining to this Agreement.