BookFit Terms and Conditions

These terms and conditions ("Terms") govern the use of BookFit’s software platform ("the Platform") provided by BookFit ("BookFit") for trainers ("Trainer") and individuals seeking training services ("Client"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Platform.

"BookFit" refers to BookFit Ltd, an llc, registered under the laws of Malta. BookFit operates an online platform accessible via web and its mobile applications, which facilitates a connection between training trainers/instructors ("Trainer") and individuals seeking training services ("Client"). BookFit's services include, but are not limited to, providing a platform for booking, payment processing, and communication between Trainers and Clients. BookFit acts as a service provider and intermediary and is not directly involved in the actual transaction between Trainers and Clients, except as a platform for facilitating these services.

Trainers:

The Trainer is understood to be a legal person or entity who creates or manages a class through the Platform. Clients can use the Platform to book the classes created by the Trainers.
The use of the platform and/or services provided by the Platform, implies full acceptance of these terms and conditions.
Trainers agree to use the Platform and the contents thereof in compliance with applicable laws and regulations. It is expressly forbidden to perform any action that may damage the interests or rights held by BookFit and/or third parties, in relation to any content and/or elements that make up the Platform.
Any use other than that which is authorized and/or normally expected of the Platform is expressly prohibited.
Trainers may request the deletion of their account by sending an email with the subject "Delete Account" to [email protected]

Clients:

The Client is understood to be the natural or legal person who accesses, navigates, uses, participates or books the services accessible through the Platform.
The use of the platform and/or services provided by the Platform, implies full acceptance of these terms and conditions.
Clients agree to use the Platform and the contents thereof in compliance with applicable laws and regulations. It is expressly forbidden to perform any action that may damage the interests or rights held by BookFit and/or third parties, in relation to any content and/or elements that make up the Platform.
Any use other than that which is authorized and/or normally expected of the Platform is expressly prohibited.
Clients may request the deletion of their account by sending an email with the subject "Delete Account" to [email protected]

Platform:

The Platform allows access to a series of services offered by BookFit as well as others offered by Trainers. In this regard, unless the services are identified as belonging to BookFit, BookFit will in no case be responsible for the accuracy, truthfulness or correct provision of them which in any case will be the responsibility of the Trainer.
Among the services accessible on BookFit, some of the following can be found (without prejudice to the fact that the following list can be replaced or extended at the discretion of BookFit).
1. The reservation of classes that Trainers make available to the Clients through the booking system offered by the Platform.
2. Benefits from the offers or promotions offered either by BookFit or by the Trainer such as vouchers, discounts...
Trainers and Clients are required to provide certain information. It is the responsibility of the information provider to ensure that all information and content accessed through the platform is accurate, truthful, legal, valid, and timely
BookFit does not guarantee that Trainers and Clients will be able to access certain functionalities of the mobile applications which may be subject to access through the latest version of the app.

Access and Account Registration:

Trainers and Clients must create an account on the Platform to access its features.
Trainers and Clients will be responsible for providing true and current information, BookFit being exempt from any responsibility derived directly or indirectly from the falsity and/or inaccuracy of the data provided by Clients and Trainers.
Trainers and Clients agree to make diligent use and keep the password secret to access the Platform. Trainers and Clients are responsible for the proper custody and confidentiality of any identifiers and/or passwords to be used on the platform and agree not to transfer its use to third parties, either temporarily or permanently, or allow access to others.

Payment:

Some functionalities, services or products offered in the Platform may be subject to economic payment both with BookFit and with the Trainers.
BookFit may facilitate the collection of payment on behalf of the Trainer, deducting any applicable service fees.
Payments made through the Platform are processed securely, but Bookfit shall not be liable for any unauthorized transactions or breaches.

Trainer-Client Relationship:

The Platform acts as a platform connecting Trainers and Clients, but BookFit is not a party to any agreements or interactions between them.
Trainers and Clients are solely responsible for their actions, services, and interactions with each other.
Trainers are liable for any fraud or disputes that arise from their transactions with Clients. Trainers must ensure that their services are delivered in a manner that is transparent, fair, and free from deceit. In the event of any disputes related to the provision of services, including but not limited to, accusations of fraud, the Trainer is responsible for resolving such disputes directly with the Client. BookFit is not liable for resolving such disputes but may facilitate communication or mediation if deemed necessary.
Trainers are responsible for ensuring the safety and well-being of Clients during training classes. BookFit does not assume any responsibility or liability for any incidents or accidents that may occur during a class.

Intellectual Property:

Without prior and express permission of BookFit, it is expressly prohibited to use, reproduce, distribute, publicly communicate, transform or any other similar or analogous activity, the content and elements available on the Platform that are owned by BookFit to any third party.
In relation to mobile applications or software that could be enabled or made available to the Trainers and Clients, BookFit grants the Trainers and Clients a non-exclusive, revocable and non-transferable license to use them, in order to access the Platform and/or Service. The maintenance of the license of use is in any case conditioned on compliance with the terms and conditions in force, and the license may be revoked by BookFit in case the Clients or Trainers fails to comply with the terms and conditions, all without the need for any prior notice by BookFit to the Trainers or Clients and without such circumstance generating any type of compensation in favor of the Trainers or Clients. In case BookFit ceases to provide the offered Service, the license on the application will be automatically revoked, without any prior notice or warning to the licensee and without any compensation being required from the licensor.
In case BookFit releases new versions of the application, it may condition access to the Service to the download and installation of the latest version of the application.
Trainers and Clients agree to respect the industrial, intellectual and image property rights of third parties. Likewise, the Trainers and Clients accept to be the only person or entity responsible for any infringement of the mentioned regulations that could be caused by the use of works, materials and/or images of third parties without their previous authorization.

Client Conduct:

Trainers and Clients agree to use the Platform in compliance with applicable laws and regulations.
Trainers and Clients must not use the Platform for any illegal, fraudulent, or unauthorized purposes.
Trainers and Clients must not engage in any activities that may disrupt or interfere with the Platform's operation or security.

Disclaimer of Liability:

The Platform is provided on an "as is" and "as available" basis, without warranties of any kind.
BookFit shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of or reliance on the Platform.
Notwithstanding the provisions of these conditions and in case you may be held liable, BookFit limits its maximum liability to the amount of one hundred (100) Euros.

Modification of Terms:

BookFit reserves the right to modify or update these Terms at any time, without prior notice.
Continued use of the Platform after the modifications constitutes acceptance of the revised Terms.

Termination:

BookFit may suspend or terminate access to the Platform for any violation of these Terms or for any other reason at its discretion.
Trainers and Clients may close their accounts at any time, subject to the completion of any ongoing commitments.

Links and Hyperlinks:

The Platform may contain links to third party websites that do not belong or are not linked to BookFit, so the latter does not exercise any control over them, nor is it responsible for their content. In any case, BookFit, disclaims any responsibility related to the information, content and / or services provided by such third parties, against any claims of any kind and demands that may be filed in relation to them.

Partial Annulment:

The partial and/or total nullity of any of the clauses, agreements and/or provisions of these terms and conditions will not affect the validity of the rest of the terms and conditions.
Notwithstanding the foregoing, in case any clause, agreement and/or provision of this contract should incur in any cause of invalidity, the parties undertake to modify such clause, agreement and/or provision by adapting it to the law in such a way that the aims and objectives foreseen in the clause, agreement and/or provision in question are met, and undertake to sign, if necessary, the corresponding modification of the contract, which will replace the current wording.

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the BookFit is registered.

By using the Platform, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.