PLEASE READ THESE CUSTOMER TERMS & CONDITIONS CAREFULLY BEFORE REGISTERING FOR A USER ACCOUNT. We encourage you to print a copy of these customer terms and conditions. You will be required to indicate your acceptance of these customer terms and conditions when registering for an account.
1.1 By registering for a User Account and/or purchasing Fitness Services from third party service providers, You acknowledge and agree that You have read, understood, accepted and agreed with these Customer T&Cs.
2.1 Moufit DMCC is a DMCC Free Zone company incorporated under the laws of Dubai, United Arab Emirates with business licence number DMCC179386 (“Moufit”, “We”, “Our”, “Us”) and having its principal place of business at Office 106, The Binary, Al Abraj Street, Business Bay, P.O. Box 413383, Dubai, United Arab Emirates.
2.2 Moufit is the owner and/or licensor of the Platform and is in the business of providing the Services.
2.3 Moufit’s Services enables You to arrange and schedule the performance of Fitness Services by independent third party service providers who You acknowledge and agree are independent from Moufit or any of its affiliates.
2.4 You are the natural person who is accessing the User Account in Your own individual capacity and/or on behalf of a company (“You”).
3. INDEPENDENCE BETWEEN MOUFIT & YOU
3.1 You acknowledge and agree that Moufit:
3.1.1 is independent and unrelated to any Service Provider from whom You request the performance of Fitness Services;
3.1.2 does not provide any Fitness Services; and/or
3.1.3 does not control or have any right to control, whether under these Customer T&Cs or otherwise, the manner or means by which any Service Provider performs the Fitness Services You have requested the performance of.
4. CUSTOMER TERMS AND CONDITIONS
4.1 You acknowledge and agree that these Customer T&Cs govern Your access to and use of the Services via use of the Platform.
4.2 By registering for a User Account and/or using the Services, You acknowledge and agree that You:
4.2.1 understand and unconditionally accept these Customer T&Cs;
4.2.2 shall at all times comply with these Customer T&Cs; and
4.3 If You do not accept and agree to these Customer T&Cs, You acknowledge and agree that You shall:
4.3.1 not use the Services; and
4.3.2 delete Your User Account.
5. YOUR USE OF THE SERVICES
5.1 To use the Services, You may be required to register for and maintain a User Account.
5.2 To register for a User Account, You are required to be at least 18 years old and provide Moufit with the required Account Information.
5.3 You warrant and represent to Moufit that:
5.3.1 the Account Information that You provide to Moufit is accurate, complete, valid (where applicable) and that You will maintain it in such condition on an ongoing and continuous basis; and
5.3.2 where You are using a User Account on behalf of a company, You have the requisite legal authority to do so.
5.4 You acknowledge and agree that a breach of Clause 5.3 shall result in the termination of these Customer T&Cs and Your access to the Services.
5.5 You may only possess 1 User Account, unless otherwise authorised in writing by Moufit.
User Account Security
5.6 You shall at all times maintain the security and secrecy of the username and password of Your User Account.
5.7 You shall not authorise any third party to access or use Your User Account.
5.8 You shall be responsible for all activity that occurs under Your User Account, unless You provide sufficient evidence to Moufit’s reasonable satisfaction that Your User Account was the subject of unauthorised use.
5.9 You shall notify Moufit of any breach of security of Your username and password immediately.
5.10 You may not assign or otherwise transfer Your User Account to any other person or entity.
5.11 Moufit may, in its sole and absolute discretion, create Promo Codes, subject to any additional terms established by Moufit on a per Promo Code basis.
5.12 You acknowledge and agree that Promo Codes:
5.12.1 where personal to You, shall only be used by You and in a lawful manner;
5.12.2 where personal to You, shall not be duplicated, sold or transferred in any manner, or made available to the general public;
5.12.3 may be disabled by Moufit at any time in its sole and absolute discretion without any liability to Moufit;
5.12.4 shall only be used pursuant to the specific terms that Moufit establishes for such Promo Codes;
5.12.5 shall not be valid for cash; and
5.12.6 may expire prior to Your use.
5.13 Where Moufit reasonably believes You have breached Clause 5.12, You acknowledge and agree that Moufit shall have the right to reclaim from You the equivalent of the credit/benefit conferred by the Promo Code in breach of its terms.
6. THE SERVICES
6.1 You are required to login to Your User Account to make a Booking Request.
6.2 After choosing the type of Fitness Service You wish to procure, Moufit will:
6.2.1 stipulate the charges for that Fitness Service;
6.2.2 set out a list of Service Providers from which You can choose to perform the Fitness Service; and
6.2.3 stipulate what equipment You must procure for the session.
6.3 If You are happy with the charges and have the required equipment, You may submit Your Booking Request.
6.4 After You have submitted Your Booking Request, Moufit will make Your name, contact details, requested booking date and time and scope of requested Fitness Services to the Service Provider You have chosen.
6.5 Where the Service Provider who You have selected has accepted Your Booking Request, Moufit will:
6.5.1 make the Service Provider’s name, photo and contact details available to You; and
6.5.2 send a confirmation receipt to Your designated email address.
6.6 In consideration for the Service Provider’s performance of the Fitness Services pursuant to Your Booking Request, Moufit will facilitate payment in accordance with the Operations Policy.
6.7 You may elect to cancel Your Booking Request at any time, subject to You being charged a cancellation charge as set out in the Operations Policy.
6.8 Where the Service Provider is late to / fails to attend a scheduled appointment or elects to cancel the Booking Request, You may be entitled to credits as set out in the Operations Policy.
6.9 You acknowledge and agree that where You do not comply with Clause 6.8:
6.9.1 the Service Provider may elect to cancel the Booking Request and You shall not be entitled to any credits stated under Clause 6.7; and
6.9.2 You shall still be liable to pay all charges relating to the Fitness Service You have purchased, unless otherwise determined by Moufit.
7. THIRD PARTY SERVICES & CONTENT
7.1 The Services may be made available or accessed in connection with third party services and content that Moufit does not control.
7.2 You acknowledge and agree that Moufit:
7.2.1 does not endorse such third party services and content; and
7.2.2 shall not be responsible or liable for any products or services provided by such third party providers.
8. CHARGES & TAXES
8.1 All charges stipulated by Moufit are inclusive of all applicable taxes.
8.2 All charges paid by You are final and non-refundable, unless otherwise determined by Moufit.
8.3 You acknowledge and agree that:
8.3.1 Moufit may make available Promo Codes to selected users resulting in such users paying lower charges for the same scope of Fitness Services performed; and
8.3.2 such Promo Codes, unless also made available to You, shall have no bearing on Your use of the Services or the charges applied to You.
9. SERVICE PROVIDER RATINGS
9.1 After successful completion of Your Booking Request, You have the opportunity to rate and review Your Service Provider, subject to Your compliance with Clause 4 of the general terms and conditions governing access to and use of the Platform.
9.2 You acknowledge and agree that:
9.2.1 You shall always provide fair and objective ratings based on demonstrable facts; and
9.2.2 ratings and/or feedback that violate this Clause 9.2 shall be deleted.
10. YOUR WARRANTIES & REPRESENTATIONS
10.1 You warrant and represent to Moufit that:
10.1.1 Your Account Information is accurate and correct and Moufit may rely on it without further enquiry;
10.1.2 You shall at all times comply with all Applicable Law;
10.1.3 You shall only use the Services for lawful purposes;
10.1.4 You shall not, in Your use of the Services, cause nuisance, annoyance, inconvenience or property damage, whether to the Service Provider or any third party;
10.1.5 You shall not engage any Service Provider on Moufit’s database other than through the legitimate use of the Services; and
10.1.6 You shall not use the Services in a manner that excludes Moufit from any payments it may be entitled to for providing the Services.
11. MOUFIT WARRANTIES & REPRESENTATIONS
11.1 You acknowledge and agree that the Services are provided on an “as is” and “as available” basis; and
11.2 You acknowledge and agree that Moufit provides no warranties nor gives any representations:
11.2.1 relating to the reliability, timeliness, quality, suitability or availability of the Services or any Fitness Services requested through use of the Services;
11.2.2 that the Services will be uninterrupted or error-free; or
11.2.3 relating to the quality, suitability, safety or ability of Service Providers in performing any Fitness Services.
11.3 Moufit excludes all conditions, warranties, representations or other terms which may apply to the Services to the maximum extent permitted by Applicable Law.
12. UNLIMITED LIABILITY
12.1 Nothing in these Customer T&Cs shall exclude or limit either party’s liability to the other in connection with:
12.1.1 death or personal injury caused by negligence or wilful or reckless misconduct of that party;
12.1.2 any fraud or fraudulent misrepresentation of that party;
12.1.3 any gross negligence or wilful misconduct of that party;
12.1.4 any liability that cannot be lawfully excluded by that party; and/or
12.1.5 any liability arising under Clause 14.
13. LIMITED LIABILITY
13.1 This Clause 13 shall always be subject to Clause 12.1.
13.2 Moufit shall not be liable to You for any and all claims and/or losses of whatever nature suffered, sustained or incurred, arising out of or in connection with:
13.2.1 Your use of or reliance on the Services;
13.2.2 Your inability to access or use the Services;
13.2.3 any transaction or relationship between You and any Service Provider; or
13.2.4 any delay or failure in performance resulting from causes beyond Moufit’s reasonable control.
13.3 Moufit shall not be liable to You for any loss of production, loss of use, loss of revenue, loss of profit, loss of contract, loss of goodwill, or any indirect, consequential or special loss under these Customer T&Cs.
14.1 You acknowledge and agree that You shall fully indemnify, defend and hold harmless Moufit from and against any and all claims and/or losses of whatever nature suffered, sustained or incurred, arising out of or in connection with Your:
14.1.1 use of the Services;
14.1.2 procurement of Fitness Services from Service Providers;
14.1.3 breach of these Customer T&Cs; or
14.1.4 violation of any third party rights.
14.2 For the purposes of Clause 14.1, Moufit shall be deemed to include its affiliates, employees, agents, directors, shareholders and officers.
15.1 Moufit may, in its sole and absolute discretion and at any time, terminate Your use of Your User Account.
15.2 You may delete Your User Account at any time.
15.3 Where Clause 15.1 or 15.2 applies, these Customer T&Cs shall be deemed terminated.
16. CONSEQUENCES OF TERMINATION
16.1 The termination of these Customer T&Cs shall be without prejudice to the rights and remedies of either party which may have accrued under these Customer T&Cs or Applicable Law up to the date of termination thereof.
16.2 Clauses 12, 13, 14, 16 and 17 shall survive the termination of these Customer T&Cs.
16.3 Clause 16.2 does not limit the survivability of other provisions, which by their nature, are likewise intended to survive the termination of these Customer T&Cs.
17.1 This Clause 17 is mutual and applies to all Confidential Information provided to each other. Both You and Moufit shall, subject to Clauses 17.2 and 17.3, observe the following obligations:
17.1.1 all Confidential Information will be treated as being absolutely confidential;
17.1.2 no disclosures to anyone if not agreed in advance in writing, unless to lawyers or a court or if a regulator demands it;
17.1.3 all Confidential Information is to be kept really secure – no less than reasonable commercial efforts must be applied to keep it secure;
17.1.4 if Confidential Information has been compromised then report it to the other party immediately; and
17.1.5 return or destroy the Confidential Information once Your customer relationship with Moufit has ended subject to Applicable Law which say it must be kept.
17.2 You hereby authorise Us to disclose Confidential Information provided to Us to Our Personnel for the purposes of performing the Services.
17.3 We shall ensure that Our Personnel comply with the confidentiality obligations that apply to Us as set out in Clause 17.1.
18. GENERAL PROVISIONS
18.1 You acknowledge and agree that We may revise these Customer T&Cs at any time without any need to formally notify You.
18.2 Your continued use of the Services shall be deemed an acceptance by You of these Customer T&Cs as revised from time to time pursuant to Clause 17.1.
18.3 You will be able to view, and You agree to check each time You access Your User Account, the current version of these Customer T&Cs within the App or the Site.
18.4 In accepting and agreeing these Customer T&Cs, You hereby warrant and represent to Moufit that You have the lawful capacity and authority needed for You to do so.
18.5 You acknowledge and agree that Moufit can and will rely on any and all warranties and representations You provide to us under this Customer T&Cs.
18.6 Both You and Moufit shall comply at all times with all Applicable Law.
18.7 Neither You or Moufit shall be liable to the other (as the case may be) for any delay or non-performance of its obligations under these Customer T&Cs as a direct result of an established Force Majeure Event.
18.8 These Customer T&Cs constitutes the entire agreement between You and Moufit relating to Your use of the Services, to the exclusion of all other terms and conditions, and any prior written or oral agreement between both parties.
18.9 You may not assign, novate, or otherwise transfer all or any of Your rights, benefits or obligations under these Customer T&Cs without Moufit’s prior written approval.
18.10 Moufit may assign, transfer or deal in any way with its rights under these Customer T&Cs including to an affiliate or any third party.
18.11 No failure to exercise, nor any delay in exercising, any right, power or remedy under these Customer T&Cs shall operate as or be deemed a waiver of the same. Waivers must always be given in writing.
18.12 Any waiver of any breach of these Customer T&Cs shall not be deemed to be a waiver of any subsequent breach.
18.13 Where any provision of these Customer T&Cs is determined to be invalid, illegal or void by any court or administrative body of competent jurisdiction, these Customer T&Cs shall be deemed modified to the minimum extent necessary to make them valid and enforceable.
18.14 Where the deemed modification in Clause 17.8 is not possible, the relevant invalid, illegal or void provision(s) shall be deemed deleted and the rest of these Customer T&Cs shall still remain in full force and effect.
18.15 You and Moufit are and shall remain independent parties and neither You nor Moufit shall have, or represent itself to have, any authority to bind the other party to act on its behalf.
18.16 Nothing in these Customer T&Cs shall be construed to make either You or Moufit an agent, employee, franchisee, joint venturer or legal representative of the other party.
18.17 Except as expressly stated, these Customer T&Cs do not create any rights that are enforceable by any third party.
18.18 All notices under these Customer T&Cs shall be in writing and shall be delivered by email to the party due to receive it at the party’s designated email address. In Moufit’s case, please send it to firstname.lastname@example.org.
18.19 These Customer T&Cs are drawn up in the English language and the English language version of the same shall always prevail over any translation. These Customer T&Cs shall be construed, interpreted and administered in English.
18.20 These Customer T&Cs are governed by, and shall be construed in accordance with, the laws of the Emirate of Dubai and the Federal Laws of the United Arab Emirates applicable therein.
18.21 Both You and Moufit irrevocably submit to the exclusive jurisdiction of the courts of the Dubai International Financial Centre, Dubai, United Arab Emirates in relation to any disputes.
19.1 “Account Information” means the following information that You provide to Moufit when You register for a User Account:
19.1.1 a copy of Your identity card or passport;
19.1.2 Your full name;
19.1.3 Your address;
19.1.4 Your email address;
19.1.5 Your mobile phone number;
19.1.6 Your birthdate;
19.1.7 the details of at least 1 valid credit card;
19.1.8 Your injury and medical history; and
19.1.9 any other information We may request from You from time to time.
19.2 “Agreement Date” means the date on which You first register for a User Account on the Platform.
19.3 "App" means the moufit application downloadable via a relevant app store including those offered by Apple Inc. or Google Inc.
19.4 “Applicable Law” means all national, state, local and municipal legislation, regulations, statutes, by-laws and/or other laws and any other instrument or direction from officials having the force of law as may be issued and in force from time to time (and any amendment or subordinate provisions thereto) relating to or connected with the activities contemplated under these Customer T&Cs, wherever so located and/or performed;
19.5 “Booking Request” means a booking request You make through Your User Account to request the provision of Fitness Services by a Service Provider.
19.6 “Confidential Information” means these Customer T&Cs and all information of any nature which a party may have or acquire before or after the Agreement Date, however conveyed (whether in writing, verbally, in a machine-readable format or by any other means and whether directly or indirectly), and all information designated as confidential or which ought reasonably to be considered confidential;
19.7 “Customer T&Cs” means these customer terms and conditions.
19.8 “Fitness Services” means the personal training and/or fitness-related services that You receive from Service Providers.
19.9 “Force Majeure Event” means any unforeseeable event or occurrence which is beyond the reasonable control of a party and which prevents or delays that party from performing any or all of its obligations under these Customer T&Cs (e.g. acts of God, civil unrest, political situations etc.).
19.10 “Operations Policy” means Moufit’s operations policy as may be communicated to You and/or Your company and amended from time to time by Moufit.
19.11 “Personnel” means all employees, agents and subcontractors of either You or Moufit who are assigned, engaged or otherwise employed from time to time to work in connection with the performance or discharge of a party’s obligations under these Customer T&Cs.
19.12 "Platform" means the Site and/or the App.
19.14 “Promo Code” means promotional codes that may be redeemed for User Account credit or other benefits.
19.15 “Services” means the technology platform that enables users of the Platform to arrange and schedule Fitness Services with independent third party providers of such services.
19.16 “Service Provider means any independent third party service provider who performs the services You request via use of the Services.
19.17 “Site” means the website at https://www.mou.fit/ae-en/.
19.18 “User Account” means the personal user account or business account that You register in Your personal capacity or on behalf of Your company with Moufit via the Platform to gain access to the Services.