Terms of service
THE AGREEMENT: The use of this website and services on this website provided by Digiad LTD (simbaworkout.com referred to as “Website”) are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).
“We”, “us” and “our” are references to SIMBAWORKOUT.COM.
“User”, “You” and “your” denotes the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website.
” Website” shall mean and include simbaworkout.com and any successor Website of the Company or any of its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
- YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
- LIMITATIONS OF OUR LIABILITY TO YOU; AND
- A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.
You must be at least 18 (Eighteen) years of age to use this Website, or any Services contained herein. By using this Website, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.
ACCURACY OF INFORMATION
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to user descriptions, pricing, availability, promotions and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of service at any time and for any reason. We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of service by your continued use of the Site after the date such revised Terms of service are posted.
- All the purchases from this website shall be governed by our Terms of service.
- If you make an Order for buying any product from our website. At the time of order, while providing your details you must be careful and warrant that the details provided are true and accurate.
- Payment mode shall be:
- PayPal, Visa, master, Credit card, Debit Card
- You will need to register on the site with information about yourself that is accurate, current, and complete. The password you provide should be kept secure and you must notify us of any breach of security or unauthorized use of your account.
- You place an order on the site by adding your selected item(s) to the shopping bag and proceeding to checkout. Items in your shopping bag are not reserved and may be purchased by another customer. Please read and check your order carefully before submitting it.
- Payment will be collected immediately upon completion of the payment process and an email will be sent to confirm your order. Another email will be sent a later day to confirm the details of the delivery of your product.
- In any case of exception, we may contact you to say that we do not accept your order. This is typically for the following reasons:
- the products are unavailable;(due to discontinuation of the design etc.)
- we cannot authorize your payment.
- you are not allowed to buy the products from us.
- we are not allowed to sell the products to you.
- there has been a mistake in the pricing or description of the products.
- In such a scenario we will be sending you a mail to confirm that your order has not been accepted and your payment will be transferred back to you within the next 24 hours from this mail.
- We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
- A legally binding contract will be in place between you and us; and
- We will dispatch the products to you or inform you of the estimated dispatch date.
- Any order to purchase a product that you place with us is subject to acceptance by us. When you make your order online, we will provide you an email to confirm that we have received it.
- If there is an error in the order confirmation, please contact us immediately by email at firstname.lastname@example.org.
- We may refuse or be unable to process your order if Your card or Bank account does not give authorization for the payment of purchase price.
- You do not meet the eligibility to order criteria set out above.
- You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted, you will be informed of this in writing along with the reasons.
- We are happy to support you if there is any issue you can contact email@example.com for any inquiry or problem.
- We take customer feedback very seriously and use it to constantly improve our products and quality of service.
- All prices on this website are in £ Pound. They include applicable VAT but not delivery charges, which are separately detailed.
- We make every effort to ensure that all prices displayed on the site are accurate. However, errors are possible. If we have quoted an incorrect price on the site and the correct price is less, we will assume that you wish to proceed with your order. If, however, the correct price is higher than the price originally quoted, we will contact you to determine whether you wish to proceed with the order.
While we make every effort to maintain stock of all items advertised for sale on our site, this cannot be guaranteed, and by acknowledging receipt of your order, we are not entering into a binding contract to supply the items you have ordered but do not currently have in stock. Because the site’s content is managed, any products that are temporarily unavailable should be highlighted.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information, or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. DIGIAD LTD therefore reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
DESCRIPTIONS AND PRODUCT INFORMATION
We have made every effort to accurately represent the colors of our products and their packaging. However, due to monitor calibration differences, we cannot guarantee that the color you see on your monitor accurately represents the color of the product and its packaging. Naturally, if you have any questions about the product, you may contact us.
Digiad LTD warrants that the goods you purchase will conform to the description provided by Digiad LTD Store at the time of delivery to you. Each description or specification of the Products we sell is made in good faith and is accurate to a reasonable degree, as we manufacture most of the goods and products available through Digiad LTD.
No statement, description, information, warranty, condition, or recommendation contained in any catalogue, price list, advertisement, or verbal communication made by an employee of Digiad LTD shall be construed to enlarge, vary, or supersede any provision of these Terms in any way.
CONFORMITY OF GOODS
We take great care to ensure that the product descriptions and specifications are accurate at the time of publication. However, the specifications and descriptions of products on this Website are not intended to be binding and are solely for the purpose of providing an overview of the products. Additionally, while we make every effort to ensure that the color reproduction of the products is accurate, we cannot accept responsibility for any color variation caused by the browser software or computer system used to view the products.
The website permits you to share content, post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
- contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.
- violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
- violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
- sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
- Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of simbaworkout.com.
- You further agree not to use the Website or Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
- To violate any of our intellectual property rights or any third party.
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
- To perpetrate any fraud.
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
- To publish or distribute any obscene or defamatory material.
- To publish or distribute any material that incites violence, hate, or discrimination towards any group.
- To unlawfully gather information about others.
You agree that the Website and all Services provided by us are the property of Digiad LTD, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
- To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website (“Your Content”). We claim no further proprietary rights in your Content.
- If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Digiad LTD and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Digiad LTD. Digiad LTD reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Digiad LTD in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the simbaworkout.com Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Digiad LTD, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
If any provision of these Terms of service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so the contact us page or email us at firstname.lastname@example.org or call us at 0800 955 0260.
Digiad Ltd., t/a SIMBAWORKOUT,
20-22 Wenlock Road, London,
N1 7GU, England.
This document was last updated on December 24, 2021