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Terms and Conditions 

Hyfit ltd.
Updated May 2018
 

Regarding Translations: This Terms and Conditions are currently in English, but it may have been translated into various languages is done as a courtesy only. To the best of our knowledge the translation is accurate, but we shall not be liable in the event of any inaccuracy. In the event of a conflict between the English version of this Terms and Conditions against any other version that has been translated into another language, the English version shall prevail.

 

Preface

This preface and all other site policies are an inseparable part of these Terms and Conditions and constitute a binding agreement between us, Hyfit ltd. (the “Company”) and you, and all your representatives, directors, officers, employees, third parties, shareholders, operators, attorneys, successors, assigns and sites’ administrators, and it governs such relationship wholly and exclusively, together with the Privacy Policy Statement, and any additional customer agreement as applicable to the use of this site (collectively, the “Terms”).

 

Please note that the Terms may be changed at any time according to Company’s sole discretion, with or without notice to you. You agree to review these Terms periodically to be aware and updated of such modifications and your continued access and/or use of the site constitute your express acceptance of the modified agreement. Any changes made to the Terms, or any part thereof, will become effective when posted on the site. Revised versions of the Terms and Conditions shall be indicated by the date posted at the top of the Terms and Conditions’ page.

 

IMPORTANT: BEFORE ACCESSING THE SITE, USING IT, OR MAKING A PURCHASE OF ANY PRODUCT, PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS. THE TERMS GOVERN YOUR ACCESS TO THE SITE, AND ANY CORRESPONDENCE (INCLUDING BY WAY OF EMAIL) WITH THE COMPANY.

 

IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE THE SITE.

 

BY CLICKING ‘ACCEPT’, REGISTERING TO THE SITE, PURCHASING ANY PRODUCT OR BY YOUR CONTINUED USE OF THE SITE, YOU CONFIRM AND WARRANT TO THE COMPANY THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM AND UNREVOCABLY AGREE TO BE BOUND BY AND COMPLY WITH THEM, AND THAT THE TERMS AND CONDITIONS, TOGETHER WITH ALL POLICIES ARE AN INSEPARABLE PART OF A BINDING AGREEMENT BETWEEN YOU AND US, REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER TO THE SITE AND/OR ANY OF THE SERVICES PROVIDED.

 

YOU FURTHER REPRESENT THAT YOU ARE ABOVE 18, AND THAT YOU HAVE FULL LEGAL CAPACITY TO ENTER INTO LEGALLY BINDING AGREEMENTS.

 

Limited License Grant

IN CONSIDERATION OF YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS, WE HEREBY GRANT YOU A LIMITED, REVOCABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO ACCESS AND USE THE SITE SUBJECT TO THE TERMS AND CONDITIONS CONTAINED HEREIN.

 

Subject to complying with these Terms and Conditions, you are granted with a permit to download information from the site into your laptop, workstation or computer’s temporary memory (RAM) and print materials and information from the site solely for your personal non-commercial use, provided that all hard copies contain all copyright and other applicable notices.

 

Restrictions on Use

The foregoing license is limited. You may not:

 

  • copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the site in any way;

 

  • create a browser, frame, border environment or GUI around the site;

 

  • manipulate or otherwise circumvent any portion of the site, including without limitation, access some portion of the site which is available only to users who pay for such access, or limitations on access or use thereof in or from any restricted territory;

 

  • interfere with or violate other users’ rights to privacy and other rights, harvest or collect data and information about other users without their express consent in any way;

 

  • falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false information about the site;

 

  • transmit, distribute, display or otherwise make available through or regarding the site any content, including user-generated content, which may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content;

 

  • use any “deep link,” “page scrape”, “robot”, “spider”, “data mining”, etc., practice “bandwidth theft”, use offline browsing plug-ins and software, download or apply batch download and any access via any software except for the main, common and official web browsers. Further forbidden is any other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the site or in any way reproduce or circumvent the site or any part thereof, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the site;

 

  • probe, scan or test the vulnerability of the site, its security, or of any network connected to the site; use cheats and exploits; attempt to breach, violate or circumvent the security or authentication measures on the site, network or account, or any network connected to the site; attempt to interfere with Company’s networks, servers or equipment; attempt to gain unauthorized access to any portion or feature of the site, including without limitation, the account of any other authorized user, any other systems or networks connected to the site or its servers, or to any of the services offered on or through the site; access data not intended to the you as a recipient, including logging onto a server where access is not authorized, all – by hacking, password “mining”, or any other legitimate, illegitimate or prohibited means;

 

  • reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the site;

 

  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site, the system, networks, or any systems or networks connected thereto;

 

  • impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the site;

 

  • engage in any act that deems to be in conflict with the spirit or intent of the site and services;

 

  • market, present yourself as a partner, present the site as your own or as a private label, use the Hyfit name or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the site, in whole or in part, without the express, separate and prior written permission of the Company;

 

  • send, knowingly receive, upload, download, use or otherwise disseminate any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy and/or any other rights of any third party;

 

  • cause annoyance, inconvenience or anxiety;

 

  • cause spamming, sending or provision of unsolicited advertising or promotional material;

 

  • assist or become involved in any type of attack; attempt to interfere with the proper working of the site and access or usage to any user, host or network. This includes without limitation flooding of networks; DOS (denial of service) attacks of any sort, attempts to overload a service and attempts to crash a host, attempt to abuse, manipulate or benefit from an error, software bug, security backdoor or breach, latency differences, circumvent or exploit the services or systems, transmitting e-mails, code or files which contain computer viruses, corrupted data, trojan horses or tools which compromise the security of web sites or user data, including but not limited to spyware and malware of any sort;

 

  • creating or maintaining any link from another site to any page on this site, running or displaying this site or any information or material displayed on this site in frames or through similar means on another site. Any permitted links to this site must comply will all applicable laws, rules and regulations and ethical conduct on the internet.

 

  • provide any false, inaccurate, untrue, or incomplete information; or

 

  • use the site in any other unlawful manner or in a manner that could be perceived to damage or otherwise may have a negative impact on the Company or the site.

 

If you or any other person violate any term of these Terms and Conditions, the Company may, at its sole discretion, without notice and without any liability to the Company, its clients, the site’s users or any other party:

  • Require clarifications, authentications, documentations or other proof or details relevant to an investigation;
  • Terminate your user license and prevent you from accessing your account, the site, its system, services and/or Company software;
  • Repair, rectify and/or rollback your actions to perform restitution for the Company, the site or a third party;
  • Refund any payment to you, offset, deduct and/or confiscate contributions and/or information at our the Company’s sole discretion; or
  • Take any action as it considers appropriate;

 

The exercise of the above-mentioned rights will not require us to compensate you or any other third party for any losses, and we shall hold no liability for these actions.

 

Intellectual Property Right

Intellectual Property Rights” means all intellectual property rights and includes (i) copyrights to any source code or object code or other code which is not open-source, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, domains, technology, documentation and interactive features, including the Company’s website content, and any derivative works or enhancements of the same (ii) designs and industrial designs, (iii) trademarks, service marks, trade dress and similar rights, (iv) know-how, trade secrets and confidential information, and (v) other proprietary rights.

 

All Intellectual Property Rights are owned, licensed, registered or otherwise pending licensing or registration to the Company, and are subject to copyright and other applicable intellectual property rights under local laws, foreign laws and international conventions.

 

The site’s domain, the Company’s logo, and all other names, logos and icons identifying the site, publications, products or services referenced herein or presented on the site are the exclusive trademarks or service-marks of the Company and are protected by law. Certain trademarks, trade names, service marks and logos used or displayed on this site are registered and unregistered trademarks, trade names and service marks of the Company and/or it’s third-party providers.

 

ANY USE OF SUCH TRADEMARKS, TRADE NAMES, SERVICE MARKS OR LOGOS, WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION FROM THE RELEVANT RIGHTS HOLDER, IS STRICTLY PROHIBITED.

 

YOU MAY NOT MODIFY, COPY, STORE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, LICENSE, SUBLICENSE, DISPLAY, RENT, LEASE, SELL, COMMERCIALLY EXPLOIT, DISTRIBUTE, REPRODUCE, TRANSLATE, DECOMPILE, DISASSEMBLE, CREATE ANY DERIVATIVE WORK OF, PUBLISH, PUBLICLY DISPLAY, PERFORM, OR OTHERWISE USE, ANY INFORMATION, DATA, INTELLECTUAL PROPERTY OR MATERIALS PROVIDED BY THE COMPANY THROUGH THE SITE, IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS AND CONDITIONS. ANY UNAUTHORIZED USE OF ANY SUCH INFORMATION OR MATERIALS MAY VIOLATE THIS TERMS AND CONDITIONS AND COPYRIGHT LAWS, TRADEMARK LAWS, LAWS OF PRIVACY AND PUBLICITY, OR OTHER LAWS AND REGULATIONS. NOTHING CONTAINED ON THIS SITE GRANTS OR SHOULD BE CONSTRUED AS GRANTING, EXPRESSLY OR BY IMPLICATION, ANY LICENSE OR RIGHT TO USE ANY OF THE COMPANYS’ INTELLECTUAL PROPERTY RIGHTS, WITHOUT OUR PRIOR WRITTEN PERMISSION, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

 

Information contained on the site, including but not limited to text and images herein (other than certain images licensed from third-parties) and their arrangement, are copyright ©2018 by us. All rights reserved. Accordingly, the information and materials contained in the site may not be copied, displayed, distributed, licensed, modified, published, sold, used to create derivative work or otherwise used for public or commercial purposes without our express written permission.

 

Information Submitted

The information and materials you provide to us through the site or email shall be deemed to be the property of our company and may be used by us in any manner that fits with our Privacy Policy Statement. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in such information or materials for any purpose whatsoever, including but not limited to developing, manufacturing and marketing purposes. Application information submitted to us shall be treated confidentially to the extent required by applicable law or as disclosed in the application and/or supporting materials.

 

No Warranties for Site Use

THE SITE IS BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND FOR ITS USE. YOU UNDERSTAND AND AGREE TO ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.

 

While we endeavor to ensure that this site is available 24 hours a day, we shall not be liable if for any reason this site is unavailable at any time or for any period. We do not guarantee that you will be able to access the site at any time and location. We do not warrant that the site will be uninterrupted, inaccurate or error-free, and you expressly release us from any claim of harm resulting from a cause beyond our reasonable control, including but not limited to having failure of electronic, mechanical equipment or communication lines for any reason, telephone or other communication problems, computer viruses, unauthorized access, theft and other malicious actions against the site, force majeure event such as severe weather, earthquakes or other act of God, flood, extraordinary weather conditions, fire, strikes, labor dispute, wars, or governmental restriction or action, riot, insurrection, accident, communications or power failure, equipment or software malfunction. We do not warrant that defects in the site will be corrected. The site may, at any time and at our sole discretion, be off-line for maintenance or for any other reason.

 

Limitation of Liability

In no event will the Company be liable for any incidental, consequential, indirect, punitive, or special damages or any loss of income, profits, goodwill, data, contracts, use of money, arising out of or in any way connected with:

  • the use of or inability to use the site or its service;
  • any information provided or downloaded from the site;
  • any delay of such information or service, even if we have been advised in advance of the possibility of such damages;
  • the issuing, change or interpretation of any law or governmental or regulatory requirement and shall not be held liable for any loss you may suffer as a result thereof;
  • your downloading of any material from this site; or
  • any provision in these Terms and Conditions in which a limitation of liability has been explicitly stipulated.

 

We reserve the right to suspend, modify, remove and/or add any information in our sole discretion and without notice. In the event of such suspension, modification, removal or addition of any information for any reason, we will not be liable in any way to you.

 

Breach of Security

If you become aware of a breach or potential breach of security with respect to any personal identifying information provided to or made available by us, or any unauthorized hacking of the site, please immediately notify us of such breach or potential breach, and enable us to comply with any applicable laws requiring the report on a security breach, which may requires supplying personal identifying information.

 

Prices

The price on the site do not include import duties, taxes transfer fees, and other government charges, which are your responsibility.

 

Prices will be presented on the site in in U.S Dollars for convenience purposes, but without creating any connection to the U.S particularly.

 

Payments to us with Credit Card

We collect payments with [Strip & PayPal] payment processor (website: https://www.hyfitgear.com/).

 

All transactions with credit card will be processed in U.S Dollars. The Company is endeavoring to have all pricings uniform on the site. However, prices appearing on the billing page are the final prices, notwithstanding any contradiction in other places in the site, and any contradicting information shall not be deemed as a representation on behalf of the Company. The Company reserves the right to change pricing at any time without prior notice.

 

We accept MasterCard and Visa credit cards. If you do not have a credit card please utilize one of the other payment options which are available at that time on the site, or simply log off and return to the site at a later time to complete your order.

 

Credit Card Security Policy

we do not have access to your credit details. [Strip & PayPal] process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The Company registration documents and the site’s registered domain name are checked and verified by [Strip & PayPal], ensuring the cardholder us that nobody can impersonate [Strip & PayPal] to obtain confidential information.

 

[Strip & PayPal] is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. [Strip & PayPal] Internet servers are protected by firewalls and intrusion detection systems. [Strip & PayPal] continually reviews and enhances its security in line with technological changes

 

Shipping and Delivery

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non­refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

 

Return and Refund Policy

We hope you will be pleased with your purchase. Should you wish to return anything bought from us, we will be happy to refund or exchange a product provided it is in a fully resalable condition and the package has not been damaged.

 

Returns should be made in a resalable condition, within 14 days and in original, undamaged packaging. If we find that the product has not been returned us in fully resalable condition, we reserve the right to refuse a refund on the item.

 

If we request, you should also provide us with the receipt or proof of purchase.

 

If you are returning an item because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you, and pay your costs of returning it to us.

 

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

 

Username and Password Policy

Registration as an authorized user for access to certain areas of the site may require a user name and password. Only one authorized user can use one user name and password and account, and users may not make commercial and/or serial and/or automated use of the site. Multiple accounts registered by the same individual or entity is not permitted and may result in one, some or all accounts being closed by us. By using the site, you agree to keep your user name and password as confidential information. You also agree not to use another authorized user’s account. Should you become aware of any loss or theft of your password or any unauthorized use of your name and password, you must immediately notify us. We also reserve the right to delete or change (with notice) a user name or password at any time and for any reason.

 

The Company will not be liable for any loss or damages caused by the theft, or any unauthorized use of your username and password, whether you reported it to the Company or not.

 

Alternatively, we use Google Account login procedure, as a social network login. In using your social network login, you understand that we will have access to and will keep certain information from your Google Account.  Remember that you are responsible for the activity that happens on or through your account.

 

Feedback and Submissions

Registered site users may have the opportunity to submit feedback and information regarding their purchase experience through the site, services or software. Such information is submitted on a voluntary basis.

 

Privacy Policy

You understand, acknowledge and agree that the purchase of products on the site may require the submission and use of your personal identifying information. Accordingly, if you wish to purchase products in our site, you acknowledge and agree that your use of the site will constitute acceptance of our personal identifying information collection and use practices, as covered in our Privacy Policy Statement. Please read our Privacy Policy Statement before providing any personal data on this site.

 

Enforcing Site Security

The Company may cooperate with system administrators or other network or computing services providers to enforce these Terms and Conditions or any other policy relating to the site. The Company may involve, and will cooperate with, law enforcement if criminal activity is suspected. Actual or attempted unauthorized use of this site may result in criminal and/or civil prosecution. The Company reserves the right to view, monitor, and record activity on the site without notice to you, including without limitation, pursuant to any order by a competent authority.

 

Terms and Termination

These Terms and Conditions will take effect at the moment you access or use the site, and are effective until terminated. These Terms and Conditions, or part of it, may be terminated by any of these means:

  • by us and without notice, at any time, and at its sole discretion;
  • If you violate or fail to comply with these Terms and Conditions;
  • If you cease using the site;

 

A violation of this Terms and Conditions by a person having only indirect access to our service through you, will be considered a violation by you, including whether the violation was in with your knowledge or consent. You are responsible for all actions of a person having direct or indirect access and service from us through you.

 

Termination is effective without notice. Upon termination, you must destroy all copies of any aspect of the site that you have made and remove downloaded software from your possession.

 

All provisions of this Terms and Conditions which by their nature should survive termination shall do so, including, without limitation, shipping and delivery, return and refund policy, warranty disclaimers, indemnity, limitations of liability, and any provisions regarding your use of Intellectual  Property.

 

Governing Law and Dispute Resolutions

These Terms and Conditions and all disputes or claims arising out of or related thereto shall be governed by the laws of the State of Israel without prejudice to its rules about conflicts of laws.

 

Any cause of action or claim arising out of use of the site including purchasing of products must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred from being submitted. You and the Company mutually waive all rights to a jury trial and to participation in class action litigation in connection therewith.

 

We will attempt in good faith to negotiate a settlement to any claim or dispute between us arising out of or about these Terms and Conditions. If we fail to agree upon terms of settlement, either side may submit the dispute exclusively to the competent courts of Tel Aviv. A printed version of these Terms and Conditions will be admissible in judicial or administrative proceedings.

 

You agree that the Company shall be entitled to seek and be awarded with an injunction or other appropriate equitable relief to restrain any breach of your obligations under these Terms and Conditions. Accordingly, you waive any requirement to deposit a bond or other security to court by the Company, in the event of any injunctive or equitable relief is sought to enforce any provision of these Terms and Conditions. You acknowledge that any such breach, threatened or actual, could cause irreparable injury to the Company that is not quantifiable in monetary damages.

 

If you have any dispute regarding any outcome concerning this Terms and Conditions, use of the site, services or information, you may submit your complaint to us in writing within fourteen (14) days of incident by email to support@hyfit.co.

 

Miscellaneous

You agree that these Terms and Conditions are for the benefit of yourself and us. Therefore, these Terms and Conditions are personal to you and are not assignable. No joint venture, partnership, employment, or agency relationship exists between you and us because of these Terms and Conditions or arising out of your use of the Site.

 

We may assign our rights and duties under this agreement to any party and at any time, without notice to you. These Terms and Conditions, along with the Privacy Policy Statement, represent the entire agreement between you and us with respect to use of the site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and us.

 

If any provision of these Terms and Conditions is ruled invalid or otherwise unenforceable by a court of competent jurisdiction, or because of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Any invalid or unenforceable portion should be construed as amended in order to achieve as closely as possible the same effect as the Terms and Conditions as original drafted.

 

 

Pre-Order Terms and Conditions

These Pre-Order terms and conditions govern the placing of pre-orders with Hyfit ltd., for its products. Please read these Terms carefully before submitting your pre-order. By submitting your Pre-Order, you agree to be legally bound by these terms.

 

Some products may not be available in our shop. Therefore, Pre-Order, or a back-order, is placing orders in advance, of products which are not available and/or are currently sold-out in our shop. On pre-ordering, we give you a guarantee to receive the item when it is in stock, and we enlist you on the product reservation list.

 

Oversubscription

You acknowledge and agree that Hyfit may decline or delay reservations to avoid oversubscription or as it deems appropriate. In such case, we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase price.

 

Registration and Information

When placing a Pre-Order for products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. The Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to support@hyfit.co.

 

Payment

Hyfit manufactures products according to the pre-orders that have been received. Therefore, Pre-Order requires payment. You will be charged the full price at the time of placing the Pre-Order. Your placing of a Pre­-Order constitutes your express agreement to the Company charging of your provided payment method at such time. 

 

Shipping and Delivery Schedule

Although we will make efforts to begin delivering products as soon as reasonably practicable, you understand and agree that there may be delays. Products are expected to be ready to ship on the estimated time in site’s the product page, subject to reasonable delays in manufacturing and/or delivery. Such date is only an estimate, is subject to change, and the Company does not represent or warrant that it will be able to ship the product by that time.  Nevertheless, we will provide you any updates with respect to such delivery schedule. In the event that a delay arises and the estimated shipment and/or release of the product is not met, Hyfit is not responsible for any damages that may occur due to the delay, nor shall it be obligated to provide any discounts, refunds or credits due to any such delays.

 

Estimated Date of Arrival

Estimated date of arrival, is based on the shipment method you have chosen when completing the Pre-order, but it may not be accurate. This may take a little longer than expected, so please manage your expectations when it comes to ETA. For customers who cannot conform with the pre-order timeline, we recommend not to place order, to avoid frustration and misunderstanding.

We can assure a maximum of 60-days arrival, or your money-back guarantee. Usually products arrive on time. If and when delays (that are due to circumstances beyond our control) are greater than 60-days, we will provide full refund of payment made.

 

Cancellations and Refunds of Pre-Orders Policy

Since Hyfit manufactures products according to the pre-orders that have been received, all pre-ordered items are considered SOLD and they are FINAL. There are no cancellation and no refunds after payment is made in a Pre-Order.

 

Changes to these Pre-Order Terms and Conditions

These pre-order terms and conditions are subject to change by us without prior notice and for any or no reason. We will provide notice for you of any material changes, and if you are unhappy with such changes, notwithstanding the Cancellations and Refunds of Pre-Orders Policy, your sole and exclusive remedy will be to cancel your reservation wherein you will receive a full refund of the Pre-Order.

_____________________________________________________________________________________________________

Privacy Policy Statement

Updated May 2018

 

 

Regarding Translations: This Privacy Policy Statement is currently in English, but it may have been translated into various languages for the convenience of any future user and this translation is done as a courtesy only. To the best of our knowledge the translation is accurate, but we shall not be liable in the event of any inaccuracy. In the event of a conflict between the English version of this Privacy Policy Statement against any other version that has been translated into another language, the English version shall prevail.

 

Changes to This Privacy Policy: We may occasionally change this Privacy Policy Statement as we may see necessary or we may be required to do so by law. Any changes we do will be immediately updated and posted on our website and the updated version becomes effective as soon as posted. You acknowledge and agree that this is at your responsibility. Therefore, we recommend that you check this page for updates regularly. The updated date will appear on top of this policy, and your continued use of this site proves your agreement to this privacy statement.

 

 

ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

By accessing the site, you acknowledge this Privacy Policy Statement and freely agree to the information gathered and to the use of practices described herein. By using this site, you hereby consent to our gathering of the information, its processing, storage and use of personal information. You acknowledge that in order for us to provide services to you, it may be necessary for us to transfer information outside your country, or out of the European Economic Area for that matter, and you consent to any such transfer.

 

THIRD-PARTY VENDOR POLICIES

This Privacy Policy Statement does not encompass other websites or third-party links referenced by Hyfit in print, online, or in e-mail. Related services and offerings with links from this site, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Since we do not have direct control over the policies or practices of third parties, we are not responsible for the privacy practices or content of those sites. We recommend and encourage that you always review the privacy policies of third parties before you provide any personal information or complete any transaction with such parties.

 

To help us improve our services to you, Hyfit may engage third-parties to help carry out certain internal functions such as payment solutions provider, account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to our business, and may used shared information for such purpose. Shared information may also be used to provide professional, legal, or accounting advice to Hyfit. The use of shared information is strictly limited to the performance of the above and is not permitted for any other purpose. All third parties with which Hyfit shares personal information are required to protect such personal information in accordance with all relevant legislation and in a manner similar to the way Hyfit is. Hyfit will not share personal information with third-parties which it considers will not afford its clients the required level of protection.

 

INFORMATION WE COLLECT AND HOW WE USE IT

When you use or connect to the site through your computer or a mobile device, the owners and publishers of the site collect certain information from and about you in a few ways: directly from our web server logs, voluntarily from you (see below), with the aid of cookies, with web beacons, and through the use of website analytics through a third-party service provider. We collect personal identifiable information necessary for transactions and for internal marketing purposes based on user activity, registration and billing from customers who purchase our products or services online.

 

When using our site for reference or purchases of products, you may provide us with certain personal data, such as your name, e-mail address, telephone number, location, language preference, gender, age, etc. We may also ask you for information when you report a problem with our site. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

 

we may record web server logs such as the referring site, the date and time of each visit, the length of visit, your IP computer address, traffic data, the number of links you click within the site, the name of your Internet service provider, the resources that you access, operating system and browser type information, and information contained in or relating to any communications that you and your computer send to us or send through the site. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

 

We may record information that you provide by filling in forms on our site, subscribing to our services, posting material or requesting further products or services. If you contact us, we may keep a record of that correspondence. We may keep any other personal information that you choose to send to us and other relevant information.

 

We may also retain details of transactions you carry out or any purchases you make of our products and/or services through the site and of the fulfillment of your orders. Your historic trading track-record, and information about any trades from the point you start reporting them to us, whether this is required for our own billing purposes or otherwise.

 

If you are purchasing a product, we will request financial information. Any payment transactions will be encrypted using SSL technology.  For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be needed in order to provide online technical support and troubleshooting.

 

HOW THE GATHERED INFORMATION IS USED

We use information provided by you in the abovementioned ways in the following manners:

  • Ensure that content from our site is presented in the most effective manner for you by your computer.

 

  • Provide you with information, by email or otherwise, about products or services that you request from us, or which we feel may interest you. If you are an existing customer, we will only contact you with information about our products similar to those which were the subject of a previous sale to you. When you are no longer our customer, we continue to use your information as described in this policy.

 

  • Carry out our obligations arising from any contracts entered into between you and us.

 

  • Allow you to participate in interactive features of our products or services, when you choose to do so.

 

  • Notify you about changes to our products or services.

 

  • Send statements, invoices and payment reminders to you, and to collect payments from you.

 

  • Keep our site secure and prevent fraud.

 

  • Disclose information as necessary to credit card agencies as reasonably required in order to provide the products and services to you.

 

  • From time-to-time, Hyfit may release non-personal-identifying information by publishing a report on trends in the usage of the site.

 

  • If you send Hyfit a request (for example via a support email or via one of its feedback mechanisms), Hyfit reserves the right to publish it in order to help Hyfit clarify or respond to your request or to help Hyfit support other users.

 

  • Other relevant and reasonable uses.

 

Any financial information we collect is used only to bill you for the products you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider.

 

We may disclose your personal information to any member of our group, which means our subsidiaries, sister-companies, holding company, and to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy. Some of those employees, contractors and affiliated organizations may be located outside of your home country, and by using the site, you consent to the transfer of such information to them.

 

PROTECTION OF PERSONAL INFORMATION

Any personal information you provide us will be treated as confidential and shared only within Hyfit and will not be disclosed to any third-party except under this policy or any regulatory or legal proceedings.

 

The personal information that you provide in connection with registering yourself as a user of the site is protected in many ways. You can access your registration information through a password selected by you. This password is encrypted and known only to you and shall not be revealed to anyone else. Registration information is safely stored on secure servers that only authorised personnel have access to via password. Hyfit encrypts all personal information as it is transferred to Hyfit and thus makes all reasonable effort to prevent unauthorised parties from viewing any such information.

 

USE OF COOKIES

Hyfit may use cookies to personalize or enhance your user experience. You will be separately notified in a “pop-up” banner of that fact. Cookies can only be read by a web server in the domain that issued the cookie to you. We do not allow third-parties to place cookies on our site unless there is a special integration with another site that relies on third-party cookies into the site. Most web browsers automatically accept cookies, but you can usually change your browser setting to delete or decline cookies. If you reject cookies by changing your browser settings, then be aware that this may disable some of the functionality on our site.

 

USE OF WEB BEACONS OR GIF FILES

This site may contain electronic images known as “Web Beacons” (also called single-pixel gifs) that allow the owners and publishers of the site to count users who have visited those pages and to deliver similar products  or services. The owners and publishers of the site may include Web Beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.

 

Some Web Beacons may be placed by third-party service providers to help us determine the effectiveness of our advertising campaigns or e-mail communications. These Web Beacons may be used by these service providers to place a persistent cookie on your computer, for the benefit of Hyfit. This allows the service provider to recognize your computer each time you visit certain pages or e-mails and to compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and e-mails bring you to our site and how you use the site. Hyfit prohibits Web Beacons from being used to collect or access your personal information.

 

INFORMATION SUBMITTED BY THE USER

Registered site users may have the opportunity to submit feedback and information regarding their interaction with the site, which will be subsequently displayed on the site on an anonymous basis. Such information is submitted on a voluntary basis.

 

NOTICE ON DISCLOSURE OF USER PERSONAL INFORMATION

Hyfit reserves the right to share aggregated site statistics with affiliates, to help enhance its service offerings, but does not sell or forward personal identifiable information to third-parties without your permission, unless such information: (i) has been submitted by you to fulfill your products or services’ requests; (ii) is required to be disclosed by law, regulation, legal process, law enforcement or government regulatory authorities, in which case we shall give you as much advance notice as is reasonably practicable in order to allow you to limit or restrict such disclosure; (iii) in order to enforce or apply our Terms & Conditions and other agreements; (iv) is required to be disclosed in order for us to protect our legal rights or defend for safety and against liability, of Hyfit, its costumers, its site users, or others (this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit card misuse protection); (v) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information; or (vi) in connection with a merger, acquisition, or liquidation of Hyfit, or if Hyfit sells or buys any business or assets, in which case we may disclose your personal identifiable data to the relevant party, as one of the transferred assets.

 

OPTING OUT

Although you are not required to provide Hyfit with any of the personal information that we may request, please note that failure to do so could result in Hyfit not being able to open your account,  provide you with the products or service you require, or enable your engaging in certain website-related activities.

 

If you wish, you may choose not to receive emails, newsletters or other communications from the site by clicking the “Unsubscribe” link in the email communication sent to the email account which was registered with the site. You can also request not no receive marketing communications at any time by contacting us at support@hyfit.co.

 

 

 

 

INTERNET BASED DATA TRANSFER

Using the Internet to collect and process personal data necessarily involves the transmission of data. Therefore by browsing this site and communicating electronically with us, you acknowledge and agree to our processing of personal data in the manner of internet transferring of information.

 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do all reasonable efforts to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use reasonable procedures and security features to try to prevent unauthorised access.

 

UNDER 18 POLICY

People under 18 years of age are not permitted to use the site.

 

ACCESS TO INFORMATION

You can ensure that your personal identifiable information in your web account file is correct and up to date by contacting our support attendants via our support desk at support@ hyfit.co.

 

In case you have the right per the local law to access information which Hyfit holds about you, your right of access can be exercised in accordance with the law. We may determine from time to time to charge fees to meet our costs in providing you with details of the information we hold about you. Note that we may withhold personal information that you request to the extent permitted by law.

 

CONTACT US

If you have questions regarding the security of the site, our Privacy Policy Statement, its implementation and/or our information collection and dissemination practices, please contact us via our support desk at support@ hyfit.co.

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