TERMS & CONDITIONS
TERMS & CONDITIONS
These conditions
What these conditions cover
These are the terms and conditions on which we provide you with fitness videos and other materials such as e-books (including, where applicable, your Mambah Fit membership).
Why you should read them
Please read these terms carefully before submitting your order to us. These terms tell you who we are, how we will provide the products to you, how you and we can change or terminate the contract, what to do if there is a problem, and other important information. If you believe there is an error in these terms, please contact us to discuss it.
Information about us and how to contact us
Who we are
We are Mambah Capital a company registered at 16-18 Lotissement Attawfik, Sidi Maarouf, Casablanca, Morocco.
How to contact us
You can contact us by writing to y.amor@mambahfit.com.
How we can contact you
If we need to contact you, we will do so by phone or by writing to you at the email or postal address you provided when you placed your order.
Our contract with you
How we accept your order
Acceptance of your order will take place in the case of goods to be supplied by us, when you receive automatic acceptance from us via our website that the payment you have chosen has been accepted by us, and a contract is then formed between you and us; or in the case of a subscription service provided by us, when you receive automatic acceptance from us, via our website, that the payment you have chosen has been accepted by us, and a contract is formed between you and us.
If we are unable to accept your order
If we are unable to accept your order, we will inform you via our website and will not charge you for the product. This may be due to unexpected limitations of our resources, which we could not reasonably foresee, or because we have identified an error in the price or description of the service.
Your Order Number
We will assign an order number to your order and provide it to you when we accept your order. It will be helpful to us if you provide us with this number whenever you contact us about your order.
Your membership in Mambah Fit
Begins on the date you sign up and your payment via a valid payment method (as defined below) is accepted.
Membership
Mambah Fit offers one-time payments for specific programs. It also offers recurrent membership for unlimited access to several programs.
Acceptable method of payment
You must provide us with a current, valid and accepted method of payment (as defined on our website) to use Mambah Fit. If you choose a lifetime program, you will only be billed once and will have access to the program for life.
Billing cycles
When you sign up and purchase your membership, your first payment will be billed immediately.
By continuing to access or use our Mambah Fit
Service after any revisions take effect, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the service.
We reserve the right to remove any member from the Facebook group or in-app group without notice or reason.
Updates to Digital Content
We may update or require you to update Digital Content, provided that the Digital Content still matches the description we gave you of it before you purchased it.
Return and refund policy
Thank you for shopping at www.mambahfit.com
If you are not completely satisfied with your purchase, we are here to help you.
Returns
You have 7 calendar days to return the digital item from the date of purchase.
Refunds
As soon as we receive your return request, we will inspect it and notify you of its receipt. We will notify you immediately of the status of your refund. If your return is approved, we will issue a refund to your credit card (or original payment method). You will receive the credit within a number of days, depending on your card issuer's policies.
Right to remove or edit user submissions
Mambah Fit makes no representation that it will publish or make available on the Site any User Submission, and reserves the right, in its sole discretion, to refuse to allow any User Submission on the Site, or to edit or delete any User Submission at any time with or without notice.
Contests, Sweepstakes and Promotions
Contests, sweepstakes or other promotions (collectively, "Promotions") available through the Service may be governed by rules separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules of a Promotion conflict with these Terms and Conditions, the rules of the Promotion will apply.
Your Rights to Terminate
You may always terminate your contract with us
Your rights when you terminate the contract will depend on what you have purchased, whether there is a problem, our performance and when you decide to terminate the contract:
You can terminate your subscription to Mambah Fit at any time, but after 7 days of your subscription running, there will be no refund.
If what you have purchased is defective or misdescribed, you may have a legal right to terminate the contract (or to have the product repaired or replaced or to have a service performed again or to have some or all of your money refunded).
If you have just changed your mind about the product, you can get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the cost of returning the goods] ;
In all other cases (if we are not at fault and you do not have the right to change your mind).
When you do not have the right to change your mind
You do not have the right to change your mind about :
All Mambah Fit membership plans
Digital products, once you have begun downloading or streaming them;
Services, once they have been completed, even if the cancellation period is still in effect;
How long do I have to change my mind?
The time you have depends on what you ordered and how it is delivered.
Did you purchase any services? If so, you have 7 days from the day we send you an email to confirm that we accept your order. However, once we have completed the services, you cannot change your mind, even if the deadline is still in effect. If you cancel after we have started the Services, you must pay us for the Services provided up to the time you inform us that you have changed your mind.
Did you purchase digital content to download or stream? If so, you have 7 days from the day we send you an email confirming that we accept your order or, if shorter, until you start downloading or streaming. If we have delivered the digital content to you immediately and you have accepted it at the time of ordering, you will not have the right to change your mind.
How do you terminate the contract with us (including if you have changed your mind)?
Tell us that you want to terminate the contract
To terminate the contract with us, please notify us in one of the following ways:
Email. Send an email to Customer Service at y.amor@mambahfit.com.
Please include your name, home address, order details and, if applicable, your phone number and email address.
We will issue any refunds due to you as soon as possible. If you exercise your right to change your mind:
We will make the refunds due to you as soon as possible. If you exercise your right to change your mind:
If you change your mind before the end of the 7 days your subscription is running.
Our rights to terminate the contract
We may terminate the contract if you break it
We can end the contract for a product at any time by writing to you if:
you fail to make payment when due and you still fail to make payment within 3 days after we remind you that payment is due;
you fail to provide us, within a reasonable time after we have requested it, with the information necessary to enable us to supply the Products
you do not allow us, within a reasonable time, access to your premises to provide the Services.
You must compensate us if you break the contract
If we terminate the contract in the situations described above, we will refund to you any amount paid in advance for the products we have not supplied, but we may deduct or charge you reasonable compensation for the net costs we incur as a result of your breach of contract.
We may withdraw the product
We may write to you to inform you that we will stop supplying the product. We will notify you in advance that we will stop supplying the product and we will refund any money you have paid in advance for the products that will not be supplied.
Price and Payment
Where to find the product price
The price of the Product (which includes VAT) will be the price shown on the order pages when you place your order. We take every reasonable precaution to ensure that the product price quoted to you is correct.
We will pass on any changes in the rate of VAT
If the VAT rate changes between the date of your order and the date of delivery of the product, we will adjust the VAT rate you pay, unless you have already paid for the product in full before the change in VAT rate takes effect.
What happens if the price is wrong?
It is always possible that, despite our best efforts, some of the products we sell are incorrectly priced. We normally check prices before accepting your order so if the correct price of the product on the date of your order is lower than the price quoted on the date of your order, we will charge the lower amount. If the correct price of the product on the date of your order is higher than the price quoted to you, we will contact you for instructions before accepting your order.
When and how you should pay
We accept payment by most major debit and credit cards. When you pay depends on the service you are purchasing.
For digital content, you must pay for the products before you download them.
For services, you must make an advance payment for the price of the services, before we begin providing them.
What if you think an invoice is wrong?
If you believe an invoice is in error, please contact us promptly to let us know. You will not have to pay interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on the correct amounts billed from the original due date.
Prohibited uses of the site
Those who choose to access the Mambah Fit (www.mambahfit.com) Site do so on their own initiative and are responsible for compliance with all applicable laws.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, impair or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any portion thereof, other accounts, computer systems or networks connected to the Site, or any portion thereof, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site.
You may not remove, circumvent, disable, damage or otherwise interfere with any security features of the Site, features that prevent or restrict the use or copying of any Content accessible through the Site, or features that impose limits on the use of the Site or its Content.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
You agree not to modify the Site in any manner or form or to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
The Site may contain robot exclusion headers. You agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission or to circumvent our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Live Stream
You agree to comply with the following:
You will not record any of the live streamed classes or on-demand videos under any circumstances. Not for personal use or distribution. If a recording is made, appropriate steps will be taken to remove and/or delete said recording. Any such recording will be considered a violation of Mambah Fit's intellectual property rights, and Mambah Fit reserves all rights to take any and all necessary enforcement action.
All content, including, but not limited to, the Mambah Fit brand and logo and choreography are copyrighted materials and subject to copyright law regarding unauthorized use and distribution.
Our liability to you for loss or damage
We are liable to you for any foreseeable loss or damage caused by us.
If we fail to comply with these terms, we are liable for loss or damage suffered by you that is foreseeable as a result of our breach of contract or lack of reasonable care and skill, but we are not liable for loss or damage that is not foreseeable. A loss or damage is foreseeable if it is obvious that it will occur or if, at the time the contract was entered into, you and we knew that it might occur, for example, if you discussed it with us during the sales process.
We are not responsible for commercial losses
We only supply the products for domestic and private use. If you use the products for commercial, business or resale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Waiver of Liability
If you have a medical concern/problem or health-related question, please consult your physician before participating. Consult your physician before beginning this or any other exercise program. The instructions and tips presented are not intended to be a substitute for medical advice. Not all exercises are appropriate for everyone and this or any other exercise program may result in injury.
Any user of this exercise program assumes the risk of injury resulting from the performance of the exercises presented. The creators, producers, participants, instructors and distributors of this program disclaim all liability or loss in connection with the exercises and advice contained herein.
By registering for Mambah Fit, you confirm that you wish to participate in the courses/workshops/training plans. In doing so, you accept that your participation in these activities carries a potential risk of injury, including but not limited to personal injury, heart attack, stroke, and even death. You also acknowledge that there are other risks associated with exercise and that it is not possible to list them all. You confirm that you know and understand the risks of exercise, understand that injury is a possibility, and you hereby assume all risks of injury that may occur as a result of your participation in anything related to Mambah Fit. You confirm that you are in good health and able to participate in this activity. You agree to assume full responsibility for your health and well-being and agree that all instructions received are used at your own risk.
You are required, for your own safety, to disclose any relevant medical information, update it as necessary and understand that you are participating at your own risk.
Professional Assistance
You should not consider the information on this website as an alternative to medical advice from your physician or other health care professional.
If you have specific questions about a medical topic, you should consult your physician or other health care professional.
If you think you have a medical problem, you should seek medical advice immediately.
You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on this website.
Nothing in this medical disclaimer will limit our liabilities in any way that is not permitted by applicable law or exclude any of our liabilities that cannot be excluded by applicable law.
Disclaimer of Liability
You agree that the presence or use of these classes, activities or other services is solely at your own risk. In no event will Mambah Fit be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, that arises out of or is in any way connected with a user's attendance or participation in any class, service or appointment made through the Site, or performance or non-performance in connection with the Services.
How we may use your personal information
We will only use your personal information in the manner described in our Privacy Policy.
Other Important Terms
We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do so. If you are not satisfied with the transfer, you may contact us to terminate the agreement within 7 days after we notify you and we will refund any payments you have made in advance for products not provided.
You must purchase a membership plan in order to use the service.
You are responsible for all activity that occurs through your account and you agree not to sell, transfer, license or assign your account, followers, username or any other rights related to the account. Except for individuals or companies who are expressly authorized to create accounts on behalf of their employers or clients, we prohibit the creation of an account and you agree not to create an account for anyone other than yourself. You also represent that all information you provide or that is provided to us during registration and at any other time will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truthfulness and accuracy.
You agree not to solicit, collect or use the login credentials of other Mambah Fit users.
You are responsible for keeping your password secret and secure.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
No one else has any rights under this Agreement (except someone to whom you transfer your warranty).
This Agreement is between you and us. No other person has the right to enforce any of its terms.
If a court finds any part of this agreement to be unlawful, the rest will remain in effect.
Each paragraph of these terms operates separately. If a court or competent authority decides that any one of them is illegal, the other paragraphs will remain in effect.
Even if we delay enforcing this agreement, we can always enforce it later.
If we do not insist immediately that you do what you are required to do under these terms, or if we delay taking action against you for breach of this Agreement, that does not mean that you are not required to do those things and it will not prevent us from taking action against you at a later date. For example, if you miss a payment and we do not pursue you but continue to supply the products to you, we may still require you to make payment at a later date.