Terms and Conditions

 
ahmed mahdy
3 elmagd street
4470351 CAIRO
VAT: 759129533
 
Thank you for using our Services, which include our website, our app or our partners’ app, as well as the coaching services you connect to through our website or app. Please read these Terms and Conditions (the “Terms”) carefully.
By using our Services, you agree to these Terms and our Privacy Policy. If you do not agree to these, please do not download or use our Services.
Please note that we use the Beefit Tracker app to provide our digital services throughout. When we refer to “our app” in this document, we are talking about the Beefit Tracker app, which is developed and owned by Benefit Technologies ApS.
 
  1. INFORMATION AND CONDITIONS
    1. Ahmed Mahdyj is a company registered in Great Britain with VAT number 759129533.
    2. The following terms govern access to and use of our Services, which stipulate:
      • Your legal rights and obligations.
      • Our legal rights and obligations.
      • Certain key information required by law.
  2. CONTACT INFORMATION
    1. Inquiries regarding these terms and conditions should be addressed to: ahmedmahdyj@icloud.com.
    2. If we need to contact you, we will do so by email, SMS, by prepaid post or through the Beefit Tracker app using the contact details you have provided to us.
    3. By signing up for our website or coaching services, you acknowledge that we (or our representative) may contact you to tell you more about our Services.
  3. USE OF OUR SERVICES
    1. By accepting and complying with these Terms, you may:
      • Download a copy of our website and app on your personal device and exclusively use the Services for your personal purposes.
      • If you download and use our app, receive and use for free app updates containing continuous application improvements and bug fixes.
      • Order coaching services from us, which we can agree to provide to you on these Terms.
    2. You must be at least 18 years of age or have your parents’ consent to accept these Terms and download or use our Services. If you are under the age of 18 and have obtained your parents’ consent, we recommend that your parents participate in your coaching and that they advise you on your use of our Services.
    3. If you have not reached the age of 18 and you have not obtained your parents’ consent to be in a course with us, we cannot take you in as a client.
  4. OWN RESPONSIBILITY
    1. We do not offer medical or professional advice that you should rely on. Before starting an exercise program or diet program, consult with your doctor or health care professional to determine if this is the right choice for you.

      If you experience exhaustion, dizziness, shortness of breath, or pain during exercise, stop immediately and seek medical attention. Exercise carries a certain risk of injury, and you undertake these activities at your own risk.

      The use of a diet plan is entirely at your own risk and you should always review the contents to check that any allergies or intolerances that you may have are in line with the plan. Our Services are not a substitute for medical advice or treatment. Our Services are provided for general information and entertainment purposes only.
    2. The following list is not exhaustive of the risks and requirements associated with the use of our Services:
      • Allergies and intolerances that may affect our preparation of diet plans must always be communicated in the questionnaire.
      • Relevant injuries or illnesses that may affect our preparation of training plans must be communicated to us in the questionnaire.
      • Always carefully review the contents/ingredients of your meal plan for foods to which you are allergic or intolerant.
      • Always make sure you have enough space when performing physical activities.
      • Make sure that nothing around you can cause, harm, restrict or interfere with your movement.
      • If you choose to use fitness equipment, this is done at your own risk.
      • Limiting kcal intake can in some cases lead to anxiety, eating disorders, depression, fatigue and other related mental and physical health problems.
      • Always consult a dietitian and/or doctor before embarking on a fitness or health program in general.
  5. ORDERING COACHING SERVICES
    1. Our acceptance of your order takes place when we send you an email to accept it, at which point our contract for coaching services will arise between you and us.
    2. If we do not accept your order, we will inform you of this and will not charge you for the coaching services. This may be due, for example, to unexpected limitations on our resources that we could not reasonably plan, credit information we have received about you that does not meet our minimum requirements, or because we have identified an error in the price or description of the Services.
  6. PAYMENT TERMS
    1. If you agree to receive our paid Services (including our coaching services), sign up for payment via a third party service. We use Stripe, a globally recognized payment system.
    2. With automatic registration, your card details will be encrypted during transmission through SSL encryption (Secure Sockets Layer). This encryption ensures a high level of security regarding unauthorized access to your information.
    3. Your payment terms depend on the exact services agreed between you and us. These payment terms will be stated in your order confirmation.
  7. WHAT DEVICES CAN THE APP BE USED ON?
    1. You may only download, install and use the App on a Device that you own or are permitted to use for these purposes. You are responsible for complying with these Terms and for any use made by this App on another device, whether or not you own the device, and/or if such use occurs with or without your knowledge or consent.
  8. APP DOWNLOAD – CONDITIONS
    1. The ways in which you may use our App may be subject to rules and policies set by the Apple App Store or the Google Play Store (each, an App Store), and the App Store’s rules and policies apply instead of these Terms where there are differences between the two.
  9. COMPATIBLE DEVICE
    1. The App should only be downloaded and installed on a compatible device. Read the App Store list for the app before downloading to make sure your device is compatible.
  10. UPDATES AND CHANGES TO THE SERVICES
    1. We may make updates and changes to our Services (including our app and website) from time to time to improve performance, functionality, reflect changes in the operating system or resolve security issues. Please ensure that you accept all updates with respect to the Services, including our app.
    2. If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using our Services (including our app) or functionality may be reduced.
  11. YOUR ACCOUNT
    1. You must keep all login credentials such as username, password and security issues confidential and not disclose them to any other person. If you have any reason to believe that they are compromised, reset them immediately using our ‘Forgot Password’ feature.
    2. Under no circumstances shall you allow any other person to access the Platform using your login details. Not only will it affect the functionality of the Services, as statistics and tracking will not be correct, but you will also be responsible for all actions taken by the person using your user account, whether you know or not.
    3. Allowing others to access the Services using your login details is a breach of these Terms and may result in your right to use the Services being suspended or us terminating your right to use the Services.
  12. PROHIBITION OF THE TRANSFER OF THE SERVICES TO UNAUTHORIZED PERSONS
    1. We personally grant you the right to use the Services as described in these Terms. You may not transfer the Services to someone else, either for money, for anything else, or free of charge, except as permitted by the App Store. If you sell a device that has our app installed, remove the app from it.
  13. CHANGES TO TERMS
    1. We may need to change our Terms from time to time to reflect changes in law or best practice or to address additional features that we introduce.
    2. We will always try to give you reasonable notice of major changes by sending you an SMS or email detailing the change or notifying you of a change when you next use the Website or App (if applicable).
  14. YOUR PRIVACY
    1. We will only use personal information that we collect through your use of our Services in the ways described in our “Privacy Policy”, which you can find on our website.
    2. Internet transmissions are never completely private or secure. This means that there is a risk that any information you submit using our Services (including our website or app) may be read or intercepted by others, despite the fact that the transmission may be encrypted.
  15. INTELLECTUAL PROPERTY RIGHTS
    1. All intellectual property rights associated with the Services (including our app and website) anywhere in the world belong to us and our licensors. The rights to the Services are licensed (not sold) to you. You have no intellectual property rights in the Services, other than the right to use them in accordance with these Terms.
    2. These Terms grant you a personal, non-transferable and non-exclusive right to use our Services. We grant you this right for the sole purpose of receiving the Services as permitted in these Terms.
    3. Our Services (including our app and website) are protected by copyright, trademark and other laws. Nothing in these Terms grants you the right to use the ahmed mahdy-name or any of ahmed mahdy’s trademarks, logos, domain names, other distinctive trademark features and other proprietary rights (whether belonging to us or our licensors). All right, title and interest in and to our Services (exclusive content provided by you) are and remain our and our licensor’s exclusive property.
    4. Any feedback, comment or suggestion you provide about our Services (including our app and website) is entirely voluntary and we will be free to use such feedback, comment or suggestion as we deem appropriate and without any obligation to you.
    5. We will treat all content you upload through the Services as belonging to us. You may not upload any Content unless you have the right to do so and such Content shall be in accordance with Clause 17.
    6. If anyone else suggests that our Services or their use in accordance with these Terms infringes their IP, we are responsible for investigating and defending that claim.
  16. LICENSE RESTRICTIONS
    1. You agree that you:
      • will not sublicense or otherwise provide our Services (including: the App and exercise or diet plans) for any person without our prior written consent;
      • will not copy the Services (including our app and website), except as part of the normal use of the Services or where necessary for backup or operational reliability purposes;
      • will not translate, merge, adapt, vary, alter or modify the whole or parts of the Services (including the App and website);
      • will not combine or incorporate the Services into or with any other application, except as necessary to use the Services on devices as permitted by these Terms;
      • will not disassemble, decompile, reverse engineer or create derivative works based on all or any part of the Services, nor attempt to do such things;
      • will comply with all applicable laws and regulations applicable to the technology used or supported by the Services.
  17. RESTRICTIONS ON THE RIGHT OF USE
    1. You may use our Services (including our app and website) only for lawful purposes.
    2. You may:
      • not use the Services in any unlawful manner for any unlawful purpose or in any manner that is incompatible with these Terms;
      • do not act fraudulently or maliciously;
      • not access, use, distribute or transmit malicious code, such as viruses or harmful data, to the Services (including the app or website) or any operating system;
      • not infringe our intellectual property or third party rights in connection with your use of the Services;
      • not transmit material that is defamatory, discriminatory, threatening, obscene; sexually explicit, offensive or otherwise objectionable in connection with your use of the Services;
      • not use any Services in a way that could damage, overburden, impair;or compromise our systems or security or interfere with other users; and
      • not collect or harvest information or data from any Services or our systems; or attempt to decipher transmissions to or from the servers running the Services.
  18. OUR LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU
    1. We do not in any way disclaim or limit our liability to you where it is unlawful to do so. This includes liability for death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors) or for gross negligence, fraud or fraudulent misrepresentation.
    2. We are liable to you for any loss and damage caused by us. If we fail to comply with these Terms, we will be liable for any loss or damage suffered by you if there is a causal link to our breach of these Terms or otherwise with respect to our failure to use reasonable skill and care.
    3. We are not responsible for business losses. The Services (including our app and website) are for domestic and private use. If you use our Services for a commercial, business or resale purpose, we will have no liability to you for any indirect or consequential loss, loss of profits, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
    4. Restrictions on the Services. We have not developed our Services to meet every conceivable need. To the extent we provide personalized exercise or diet plans, you acknowledge that you perform and use these at your own risk. You should consult your doctor or healthcare professional if you have any concerns about these Services and your health in general.
    5. You use the information provided through the Services at your own risk. Although we make reasonable efforts to update the information provided through our Services, we make no representations or warranties, express or implied, that such information may be accurate, complete or up to date.
    6. Back up content and data used in the App. We recommend that you back up all content and data used in connection with the App to protect yourself in case of problems with the App or Services.
    7. We are not responsible for delays beyond our control. If our provision of the coaching services is delayed due to an event beyond our control, we will contact you as soon as possible to inform you and we will take active steps to minimise the extent of the delay. Provided we do this, we cannot be held responsible for delays caused by the event, but if there is a risk of significant delay, you may contact us to discuss your potential rights regarding early termination of the contract and receive refunds for all services you paid for but not received.
  19. WHAT HAPPENS IF YOU DO NOT PROVIDE US WITH THE NECESSARY INFORMATION
    1. We may need special information from you in order to be able to provide you with our coaching services. This can be, for example, information regarding your body and your well-being, including height, weight, body statistics, exercise, mood, meals, nutrition and general well-being. We may contact you to ask for this information. If you do not provide us with this information within a reasonable time after we have requested it, or if you provide us with incomplete or incorrect information, we may either terminate the contract or charge an additional fee of a reasonable amount to compensate us for additional work required as a consequence. We will not be liable for not providing services, or for providing them late, if this is due to you not providing us with the information we need within a reasonable time after we have requested it.
  20. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES
    1. Our Services may contain links to other independent websites that are not managed by us. Such independent websites are not under our control and we are not responsible for and have not controlled and endorsed their content or their privacy policies (if any).
    2. You will need to make your own independent assessment of whether to use such independent websites, including whether to purchase products or services offered by them.
  21. TERMINATION
    1. You can terminate your agreement with us at the end of your binding period by giving us 1 month’s notice. If you terminate our agreement in this way, your termination will not take effect until the first day of the following month.
    2. If you do not comply with these Terms (including non-payment). We may cancel your rights to use the Services at any time by contacting you if we reasonably believe that you have not seriously complied with these Terms. This may be the case if you do not make a payment. If what you have done can be put right, we will give you a reasonable opportunity to do so.
    3. If we terminate your right to use the Services in this way, we may retain payments you have already made to cover our costs and/or compensate us for our losses resulting from your non-compliance.
    4. We may terminate the Contract if it becomes impossible or impractical to provide our Services (or any part of the Services as the App). If we decide to suspend or stop providing any part of our Services as a result, we will notify you accordingly. If you have paid for our Services in advance, you may be entitled to a prorated refund of the amount paid in advance and during the time you have been unable to use our Services because we have completed the contract.
    5. Exercise of your right of withdrawal. By accepting these terms, you agree that you can access digital content in the form of training sessions, training programs and diet plans before your regular withdrawal period of 14 days has expired.
    6. Therefore, you expressly waive your right of withdrawal from the moment you access your digital content. Until you gain access, you have a right of withdrawal according to the general rules of the Consumer Contracts Act.
    7. Notice of withdrawal must be given digitally by email to ahmedmahdyj@icloud.com and must have reached us before you have gained access to the digital content. In the subject line, type “Regret”.
    8. Your Legal Rights. We have a legal obligation to provide services that are in accordance with this contract. Nothing in these Terms shall affect your legal rights.
    9. If this Agreement terminates:
      • Please stop all activities covered by these Terms and the Coaching Services.
      • Please note that you can continue to use the Beefit Tracker app, but you will not have access to the material you received from us during the process.
  22. TRANSFER OF CONTRACT
    1. We may transfer our rights and obligations under these Terms to another organisation, for example if we are acquired by a third party.
    2. We will always inform you in writing if this happens and we will of course ensure that this does not affect your rights under these Terms.
    3. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
  23. THIRD PARTY RIGHTS
    1. The App Store and its related companies may enforce these Terms on our behalf to ensure that you comply with the Terms. Other than this, third parties have no rights to enforce these Terms.
  24. IF ANY PART OF THIS CONTRACT IS FOUND TO BE ILLEGAL BY A COURT, THE REMAINDER OF THE CONTRACT SHALL CONTINUE TO APPLY;
    1. Each section of these Terms shall operate separately. If a court or relevant authority decides that one or more sections may be illegal, the remaining sections shall remain in force and have effect.
  25. EVEN IF WE ARE LATE IN ENFORCING THIS CONTRACT, WE WILL CONTINUE TO BE ABLE TO ENFORCE IT LATER
    1. Even if we delay in enforcing these Terms, we may still enforce them later. If we do not immediately insist that you do something you are required to do under these Terms, or if we are delayed from taking legal action against you in connection with your failure to comply with these Terms, it does not mean that you do not need to do these things and does not prevent us from taking legal action against you at a later date.
  26. CHOICE OF LAW
    1. These Terms are governed by Danish law and you may bring an action before the Danish courts in connection with the Services.
  27. ALTERNATIVE DISPUTE RESOLUTION
    1. Alternative dispute resolution is a process by which an independent body considers the facts of a dispute and seeks to resolve it without having to go to court. If you are not satisfied with how we have handled a complaint, you can submit the dispute to the European Commission’s online dispute resolution platform for an online decision.
    2. In the event of a dispute that cannot be resolved, the consumer also has the right to have the case reviewed by the Consumer Complaints Board https://www.gov.uk/consumer-protection-rights.
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