Terms & Conditions
Welcome to FitFil.com, the Philippines’ premier health and fitness website – a portal catered to the growing community of sports and fitness aficionados. These Terms and Conditions of Use are designed to create a positive experience for a progressive community. By using FitFil.com’s products and services, you are agreeing to all the terms below.
FitFil is the owner and manager of FitFil.com (“FitFil”). FitFil may offer a variety of products and services, including health and fitness-related articles and events; and our e-commerce websites and all other current and future digital products and service offerings we make available, including any products and services provided in collaboration with our partners. This Terms and Conditions of Sale applies to all purchases of products by you on this website www.FitFil.ph .
“Company”, “FitFil”, “We” or “Us” shall mean FitFil and/or any of their affiliates and subsidiaries, individually and collectively, doing business as FitFil or otherwise.
“Company Parties” shall mean the Company, its affiliates and subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors.
“Service” or “Services” shall mean any of the internet based or other services offered by the Company, including, but not limited to, those described in this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your mobile phone or otherwise.
“FitFil Marketplace” shall refer to the e-commerce website that sells physical or digital products, which is managed by FitFil.
“Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, or files) made available and published on the Website.
“User Generated Content” shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded by a user through the Service or otherwise integrated into the Service by a user.
“Terms” shall refer to these Terms and Conditions of use that govern your access to and use of our Services.
“Events” shall refer to any form of public and/or communal activity organized or managed by the Company, regardless whether they are competitive or non-competitive in nature.
“Website” shall mean the FitFil.com website accessible either via internet online or cached.
These standard Terms shall govern your use of this Website. These Terms shall be applied fully and affect your use of this Website. By using this Website, you agreed to accept all terms and conditions stated here. You must not use this Website if you disagree with any of these Terms.
Minors or people below 18 years old are not permitted to use this Website.
You are solely responsible for your use of our Service, for any User Generated Content you submit to us, any interactions with other Website users, and for any consequences thereof. Content you submit will be viewable by other users of the Service and through third party services and websites.
You agree that your use of and conduct on the Service (including any forum, message board, chat or other communication feature), and your User Generated Content shall be lawful and will not:
violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; be in violation of these Terms, any local or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services
create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
trick, defraud or mislead the Company or other users, especially in any attempt to learn sensitive account information such as passwords;
make improper use of the Company’s support services or submit false reports of abuse or misconduct;
engage in promoting any pyramid schemes or other multi-tiered marketing schemes or engage in promoting any websites or services that are deemed spam, malware, or contain objectionable material in the Company’s sole discretion;
create or transmit unwanted electronic communications such as “spam,” to other users or members of Service or otherwise interfere with other users’ or members’ enjoyment of the Service;
disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices;
reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
cover or obscure any notice, banner, advertisement or other branding on the Service;
disguise the source of your User Contributed Content or other information you submit to the Service;
Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Content or the User Content
You agree that you shall be responsible for any consequences (you shall indemnify the Company for damages it may suffer) arising in the event that any use of and conduct on the Service (including any forum, message board, chat or other communication feature), and your User Generated Content:
includes any offensive comments that are connected to race, religion, politics, gender, sexual preference or physical handicap;
includes profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
defames, libels, ridicules, mocks, disparages, threatens, harass, intimidates or abuses anyone;
promotes violence or describes how to perform a violent act;
reveals any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
attempts to impersonate any other party;
or uses tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service
The Service may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
4. Intellectual Property Rights
Other than the content you own, under these Terms, FitFil and/or its licensors own all the intellectual property rights and materials contained and published in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from and you undertake not to do any and all of the following:
modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Services or any portion of any website on which the Services are offered;
use the Service in any manner that could damage, disable, overburden, or impair the Service or another user’s use of the Service;
remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Service or any website on which the Service is offered, Company code embeddable or embedded on a third party web site, and/or Company software;
replicating and/or publishing any Website material in any other media;
selling, sublicensing and/or otherwise commercializing any Website material;
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
using this Website to engage in any advertising or marketing; and
post anything on this website which contravenes Clause 3 above.
Certain areas of this Website are restricted from being access by you and FitFil may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential.
6. No Warranties
This Website is provided “as is,” with all faults, and FitFil express no representations or warranties, of any kind related to this Website or the materials contained on this Website.
8. Paid Services and Products
We offer Events, both free and paid. By signing up for paid Events, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate and you are responsible for keeping it up to date. You expressly authorize us to collect from your Payment Method the appropriate fees charged for the registration and participation of the Events.
All registrations for paid Events are final and non-refundable upon no-show, or cancellation prior to or on the date of the Event, except at our sole discretion and/or explicitly stated in the details of the specific Event.
11. Limitation of Liability
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
In no event shall FitFil, nor any Company Parties shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. FitFil, including Company Parties shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent FitFil from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
14. Variation of Terms
FitFil is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
FitFil is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
16. Entire Agreement
These Terms constitute the entire agreement between FitFil and you in relation to your use of this Website, and supersede all prior agreements and understandings.
17. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Republic of the Philippines, and you submit to the jurisdiction of the courts located in Manila for the resolution of any disputes.
Last Update – This Terms & Conditions was most recently updated on June 16th, 2017.