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.
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:
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:
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.
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.
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:
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.
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.
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:
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 email@example.com.
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.
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.
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 firstname.lastname@example.org.
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.
Updated May 2018
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
THIRD-PARTY VENDOR POLICIES
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:
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 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.
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 email@example.com.
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.