Terms & Conditions
TERMS & CONDITIONS
Welcome to www.befitafter40.com. This website and Services are owned and operated by LynnFit Oy, 3328721-2 (hereinafter referred to as “LynnFit”).
LynnFit contact details are
Address: Kuhatie 2 A 2, 02170 Espoo, Finland
By visiting our website and accessing and/or downloading the information, resources, content and services we provide (hereafter referred to as “Services”), you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “Terms”). The terms “we”, “us”, and “our” refer to LynnFit. The terms “you”, “your” and “user” refer to you as a customer.
Please read Terms carefully before using our Services.
We reserve the right to change the Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review Terms periodically to familiarize yourself with any modifications. Your continued use of this website and our Services after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
As stated, your access to and use of the Services establishes a contractual relationship between you and LynnFit as such access and use constitutes your acceptance of LynnFit’s offer to provide you with the Services subject to your agreement to be bound by these Terms.
If you do not agree to accept these Terms in any respect whatsoever, you may not access or use LynnFit’s Services.
These Terms expressly supersede any and all prior agreements or arrangements between you and LynnFit. LynnFit may immediately suspend or terminate these Terms or any Services with respect to you or may generally cease offering or deny access to the Services or any portion thereof, at any time and for any reason at LynnFit’s sole discretion.
OUR SERVICES DO NOT PROVIDE MEDICAL ADVICE
The Services, such as text, graphics, images, videos, information obtained from LynnFit, and other material contained on website, in the course, coaching sessions or related social networking feeds are based on general knowledge and are for informational purposes only and are not intended to replace the relationship with your physician, nurse, dietician or other specialist of healthcare.
The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or hear on our Services. Again, we are not medical professionals and anything on our Services we provide should be cleared with your physician prior to use. The Services should not be used by people who have adverse medical or nutritional conditions. If you suspect, that you have a medical condition or nutritional condition(s) consult your physician.
If you think you may have a medical emergency or have any concerns at all about your physical or emotional health or wellbeing, call emergency number immediately. LynnFit does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided by LynnFit, others appearing on the Services at the invitation of LynnFit, or other visitors to the Services is solely at your own risk. We do not give any warranty that the Services are free from error or suitable for your purposes.
Furthermore, any nutritional information provided via our Services is based on general knowledge. Before relying on any nutritional information provided via our Services, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities and consider the need to obtain appropriate expert advice relevant to your circumstances.
We do not give any warranty that the information is free from error or suitable for your purposes. We are not nutritionists or dieticians and anything on our Services we provide should be cleared with a nutritional professional prior to use.
Nutrient data published through our Services may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors. Some of the data may be borrowed from overseas food composition tables, supplied by the food industry, taken from food labels, imputed from similar foods, or calculated using a recipe approach.
All that being said, you are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you provided via our Services. Our Services may not be suitable to your particular circumstances.
YOUR MEMBERSHIP TO USE LYNNFIT’S SERVICES
LynnFit offers different memberships: courses, 1-to-1 coaching services and monthly memberships.
The Services (excluding 1-to-1 coaching which is done by online meeting and you do not need to register as a user) require the user to register as a user of the Service. When registering, the user must provide the requested personal information. The user is responsible for the correctness and completeness of the personal data they provide. When registering, the user must also choose a username and password (user ID).
Your access is personal, don't share it with others. The user may not disclose the user ID to a third party and the user may not give the third party the right to use the user ID. LynnFit is not responsible for unauthorized, inappropriate or illegal use of the user ID if the user ID is revealed, guessed, cracked or becomes the target of a software error. All actions performed with the user's ID are considered to be done by the owner of that user ID. If the user becomes aware of the unauthorized use of the user ID or if the confidentiality of the user ID has been compromised, the user must notify LynnFit immediately. LynnFit can then, at its sole discretion, close the user ID to prevent its misuse.
You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a LynnFit product or Service. Subject to your continued compliance with these Terms, LynnFit hereby grants to you a limited, revocable, non-exclusive, non-assignable, non-sublicensable, non-transferrable membership to: (1) use and access our website and Services on your personal device solely in connection with your personal use of the Services; and (2) use and access any content, information and related materials that may be made available to you through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by LynnFit.
Importantly, any and all rights granted to you are limited to you and such rights are personal to you and are not transferable or assignable by you to anyone else. LynnFit may immediately suspend or terminate your membership at any time and for any reason at its sole discretion.
RESTRICTIONS ON YOUR ACCESS AND USE
You may not: (1) remove any copyright, trademark or other notices from any portion of the Services; (2) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except with the prior express written consent of LynnFit; (3) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (4) link to, mirror or frame any portion of the Services; (5) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or in any way unduly burdening or hindering the operation or functionality of any aspect of the Services; or (6) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
YOUR NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the website and Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the website from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and website and any updates thereto. LynnFit does not guarantee that the Services and website, or any portion thereof, will function on any particular hardware or device. In addition, the Services and website may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
YOUR PAYMENT TO LYNNFIT
The prices of the Services that can be bought online are presented on the website. The Services to be ordered are selected on the website by adding them to the shopping cart. The order is sent by paying for the contents of the shopping cart in the checkout function of the online store. Check the prices in the shopping cart before accepting the order. The Services’ prices include value added tax (VAT).
When placing an order, you accept these Terms and Services’ prices. An order confirmation will be sent by e-mail. The order confirmation shows the ordered Services and the price. Access to the Service will be delivered as soon as possible after payment.
The Services can be paid with a one-time payment, partial payment or monthly payment. More detailed payment methods for each Service are described in the information for that Service.
Customers in Finland can also pay in the online store with the sports benefit of the following service providers: Epassi, Edenred, Smartum and EazyBreak.
When paying with the sports benefit, you should note that the sports benefit is personal. The sports benefit payment cannot be refunded under any circumstances. In cancellation situations, the person who made the sports benefit payment cannot receive a refund but can use the payment for another Service on offer. In such situations, contact us by email (firstname.lastname@example.org).
LynnFit reserves the right to change any fees at any time and from time to time; provided, however, that LynnFit will provide you with reasonable notice prior (at least 1 month before) to making any fee changes to existing memberships.
LynnFit uses Stripe payment solution. Stripe is a third-party payment solution that allows you to accept credit and debit card payments in an online store (Visa, Mastercard, American Express).
LynnFit may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services obtained through the use of the website, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the fees applied to you.
If you have questions about the billing policy of LynnFit, please contact: email@example.com
There are two different kinds of Services:
courses and monthly memberships (digital content)
If you are not satisfied with the Service you paid for, please contact us by email (firstname.lastname@example.org) and we can discuss different options (for example a refund).
1) Courses and monthly memberships (digital content)
In electronically delivered digital content the consumer has a 14-day right to cancellation unless the consumer has accepted the loss of right to cancellation.
By placing the order, you accept the delivery of digital content starting during the cancellation period (14 days) and you give consent to waive the cancellation period, i.e. you no longer have the option to return the Service. This is also said in the order confirmation that is delivered to you after payment.
You are free to cancel your monthly subscription at any time. Please note that you must cancel no later than 7 days before your next payment is due or you will be charged for the following month. No partial credit or refund will be given in respect of the membership period in which you cancel your membership. The cancellation notification must be made clearly in writing by e-mail: email@example.com
2) Live meetings
In live meetings the consumer has a 14-day right to cancellation. If the first live meeting is held within 14 days of the order (cancellation period), the right to cancel expires.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
The Services and website are provided “as is” and “as available.” LynnFit disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, LynnFit makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services requested through the use of the Services, or that the Services will be uninterrupted or error-free. LynnFit does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the Services and website, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
LIMITATION OF LIABILITY
LynnFit shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury/wrongful death, or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if LynnFit has been advised of the possibility of such damages. LynnFit shall not be liable for any damages, liability or losses arising out of: (1) your use of or reliance on the Services or your inability to access or use the Services; or (2) any transaction or relationship between you and LynnFit, even if LynnFit has been advised of the possibility of such damages. LynnFit shall not be liable for delay or failure in performance resulting from causes beyond LynnFit’s reasonable control.
The limitations and disclaimer in these Terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold LynnFit and its employees harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (1) your use of the Services obtained through your use of the website; (2) your breach or violation of any of these Terms; (3) your violation of the rights of any third party, including LynnFit; or (4) any injuries, illnesses, or health complications arising from the your participation in the Services.
There is no warranty either express or implied other than those expressly contained herein. Results with our programming may vary. Consult your healthcare professional before beginning any diet or fitness regimen and please refer to your healthcare professional with any medical related questions that may arise while training with our Services.
You acknowledge and agree that results will differ for members based upon various factors including without limitation; body type, nutrition, etc., and no guarantees of results are possible. You expressly acknowledge and agree that there are no assurances, warranties, or guaranties in the accomplishment of any results. We will not be held responsible for failure to accomplish same and you agree to hold us harmless and indemnify us from any claims that may be made against LynnFit based in whole or in part on the failure of any results.
You acknowledge that by participating in our Services you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Services, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service.
LynnFit is a Finnish company and its residence is in Finland. Finnish law is applied to this contract, excluding its international private law rules on choice of law:
Consumers in EU
The Finnish law is applied. The claim made against LynnFit is considered at the district court of Länsi-Uusimaa in Finland.
Consumers outside of EU
The Finnish law is applied, unless the mandatory legislation of the consumer's home country says otherwise. The claim made against LynnFit is considered at the district court of Länsi-Uusimaa in Finland.
OWNERSHIP, COPYRIGHTS, TRADEMARKS, LICENSES
LynnFit and the website retain all proprietary rights to the https://www.befitafter40.com/, its service, trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of the website and LynnFit.
CLAIMS OF COPYRIGHT INFRINGEMENT
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Services, in whole or in part. Except as permitted herein or by the fair use privilege under applicable copyright laws, you may not upload, post, reproduce, or distribute in any way Services protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. The Services and features are subject to change or termination without notice in the editorial discretion of LynnFit. All rights not expressly granted herein are reserved to LynnFit. If you violate any of these Terms, your permission to use the Services will automatically terminate and you must immediately destroy any copies you have of any portion of the Services.
LynnFit may create groups for example Facebook group (collectively “Public Areas“), where its users may join and upload content (the “User Content”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas (or through the e-mail address(es) provided by us) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
LynnFit cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Public Areas. If you submit any business information, idea, concept, invention or pictures to LynnFit by posting in a group or social media or by email: (a) you agree that such submission is non-confidential for all purposes; (b) you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted – LynnFit a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; (c) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (d) appoint LynnFit as your agent with full power to enter into any document and/or do any act LynnFit may consider appropriate to confirm the grant and assignment; (e) warrant that you are the owner of the User Content and entity to enter into these Terms; and (f) warrant that no such User Content will be subject to any obligation to you or any other person and that LynnFit shall not be liable for any use or disclosure of such User Content.
If you use Public Areas, such as groups, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. You may not defame, libel or slander another person. Any verbiage that may be possibly construed to be defaming, libel or slanderous, at the sole discretion of our staff, may be removed from the Public Areas.
LynnFit is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms: (1) Using a Public Area for any purpose in violation of national or international laws; (2) Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; (3) Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity (as determined by LynnFit in its sole discretion); (4) Posting advertisements or solicitations of business; (5) After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); (6) Posting chain letters or pyramid schemes; (7) Impersonating another person or allowing any other person or entity to use your identification for posting or viewing comments; (8) Posting any message that contains any personal information, such as messages that identify phone numbers, social security numbers, account numbers, addresses or employer references; (9) Distributing viruses or other harmful computer code; (10) Harvesting, scraping or otherwise collecting information about others, including e-mail addresses, without their identification for posting or viewing comments; (11) Accessing Public Areas by any means other than through the interface provided by us for use in accessing Public Areas; (12) Posting the same note more than once or “spamming”; or (13) Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, or which, in the judgment of LynnFit, exposes LynnFit or any of its customers or suppliers to any liability or detriment of any type.
LynnFit reserves the right (but is not obligated) to do any or all of the following: (1) Monitor Public Areas; (2) Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s); (3) Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms; (4) Terminate a user’s access to any or all Public Areas upon any breach of these Terms, including deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or this website, without prior notice; (5) Monitor, edit, or disclose any communication in the Public Areas; (6) Edit or delete any communication(s) posted on Public Areas, regardless of whether such communication(s) violate these standards.
From time to time, LynnFit may engage in affiliate marketing. This means that if you use an affiliate link or code to make a purchase, LynnFit will receive a commission on that purchase. What has been agreed on limitations of liability also applies to affiliate marketing (see sections LIMITATION OF LIABILITY and FINALLY).
From time to time, LynnFit may post sponsored content from an advertiser on the website. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with LynnFit to create content featuring certain messages or product placement.
Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, LynnFit gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the website are those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
If the fulfillment of the obligations mentioned in these Terms or separately agreed with the customer is not possible due to a force majeure obstacle, i.e. flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage or other comparable reason beyond LynnFit 's control, LynnFit is released from its obligations for the duration of the force majeure circumstances preventing the fulfillment of the obligation. In this case, the customer has no right to receive compensation from LynnFit for breach of the Terms.
You may not assign these Terms without LynnFit’s prior written approval. LynnFit may assign these Terms without your consent to: (1) a subsidiary or affiliate; (2) an acquirer of LynnFit’s equity, business or assets; or (3) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, LynnFit or any coach as a result of these Terms or use of the Services.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
LynnFit’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LynnFit in writing.
We take reasonable steps to ensure that our website and the training platform are available 24 hours every day, 365 days per year. However, websites and platforms do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if our website and/or training platform are unavailable at any time.
Support can be reached via firstname.lastname@example.org. We aim to respond as soon as possible via email to any request.
IN CONSIDERATION OF the risk of injury that exists while participating in the Services and IN CONSIDERATION OF your desire to participate in said Services and being given the right to participate in same; YOU HEREBY, for yourself, your heirs, executors, administrators, assigns, or personal representatives (hereinafter "Releasor," "you" or "your"), knowingly and voluntarily enter into these Terms and hereby waive any and all rights, claims or causes of action of any kind arising out of your participation in the Services; and YOU HEREBY release and forever discharge LynnFit, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that you may suffer as a direct result of your participation in the aforementioned Services.
YOU ARE VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED SERVICES AND YOU ARE PARTICIPATING IN THE SERVICES ENTIRELY AT YOUR OWN RISK. YOU ARE AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THE SERVICES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. YOU UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM YOUR OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE SERVICES, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, YOU ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO YOU, OF YOUR PARTICIPATION IN THE SERVICES.
YOU FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by you or anyone on your behalf, including attorney's fees and any related costs.
YOU FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. You further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health insurance.
YOU FURTHER ACKNOWLEDGE that the Services may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. You agree not to participate in the Services unless you are medically able and properly trained, and you agree to abide by the decision of the LynnFit official or agent, regarding your approval to participate in the Services.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THESE TERMS AND FULLY UNDERSTAND THEM. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE LYNNFIT AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST LYNNFIT FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of LynnFit, its agents, and employees.
In the event that any damage to equipment or facilities occurs as a result of your or your family's or your agent's willful actions, neglect or recklessness, you acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THESE TERMS SHALL REMAIN IN EFFECT FOR THE DURATION OF YOUR PARTICIPATION IN THE SERVICES, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.