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The Send Me A Trainer brand is owned by Bounce fitness LLC a limited liability company established under the law of the State of Virgina, Untied States of America and has been licensed to UltraLeap FZE, a freezone company duly established under the laws of Dubai World Trade Centre Free Zone and having trade license number L-1383 (“Operator”, “Licensee”) to use the brand name in its operations in a designated territory. This App (Send Me A Trainer “SMAT”) offers an online platform, enabling individuals to create a profile as Members and connect with Service Providers, based on their individual needs and specifications. It acts as a venue to allow Members to avail services listed on the App by the Service Providers. SMAT does not guarantee that the Service Providers shall be licensed or certified professionals.

The following terms and conditions (“T&C”) shall apply to any company/individual who is using the App or who created an account on the App (hereinafter referred to as the “Member” or “you”) and to any company/individual who is engaged in the business of providing the Services (hereinafter referred to as “Service Provider” or “you”). As used in these T&C, “Operator“, “we,” “us,” and “our” “SMAT” shall mean SMAT and its subsidiaries and affiliates.

By creating a profile on the App and by using the Services you agree to be bound by all T&C, the Privacy Policy currently found on the App and all applicable laws and regulations governing the App and the Services. Please note that the T&C form a legally binding agreement between you and the Operator, (not with Bounce fitness LLC and/or Send Me A Trainer Franchising LLC).

SMAT reserves the right to update or revise the T&C at its discretion and without notice. You are responsible for checking the T&C periodically for changes. If you continue your relation with SMAT following the posting of any changes to the T&C, you agree to be bound by these changes. Despite our efforts to provide useful and accurate information, errors may appear from time to time. All changes shall be effective immediately when we post them and shall apply to all access to and use of our App thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.

These T&C do not alter in any way the terms or conditions of any other agreement you may have with SMAT for services or otherwise. If you are using the Services on behalf of any entity, you represent that you are authorized to do so.

SMAT acts as a passive platform for the online distribution and publication of Member/Service Provider Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Member/Service Provider Content posted by Members or Service Providers. However, it may review and delete any Member/Service Provider Content that, in its sole judgment and discretion of SMAT, violates these Terms of Use, applicable law, rule or regulation, is offensive or illegal or violates the rights, harms or threatens the safety of Members or Service Providers. It reserves the right to expel Members and Service Providers and prevent their further access to SMAT for violating the Terms of Use or applicable law, rule or regulation and the right to remove Member/Service Provider Content which is in violation of the Terms of Use, abusive, illegal, or disruptive.

You understand that you must comply with any licensing or registration requirements with respect to your business, and you represent that you comply with all such requirements.

Definitions

App means the SMAT platform where all the Services are posted.

Collective Content means Member’s Content and SMAT Content.

Content means text, graphics, images, music, software, audio, video, information or other materials that are available through the App or the Service by the Member and/or the Service Provider

Fees mean the fees payable by the Member to SMAT for receiving the service from the Service Provider.

Member means a person who completes SMAT’s account registration process and buys services of the Service Provider on SMAT.

Program means the 1 month, 4 months, 8 months and 12 months period programs posted on the App that commences with a Member subscribing to it on the App.

Session means the session related to the Services

Service Providers Fees means the fee that should be paid by the members to the Service Providers

Services means any service provided by a service Provider and posted on the App

Rating means ‘review system’ used by members, which is measured through a ranking system of 5 stars and comments.

SMAT Content means all Content that SMAT makes available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

SMAT Experience means rating system’ displayed to the public on the Member’s public page.

Subscription Fee means the fee that the Member or the Service Provider shall pay to subscribe to the App and as specified from time to time by SMAT.

Trial Period shall have the meaning specified in the Parameters of Services Section

Ambit of Service

SMAT is an online platform that connects Members to Service Providers.

The App is a market platform where Members and Service Provider can identify each other and advertise, buy, and sell Services online. Subject to the T&C, SMAT provides the App that include the Services to Members, including hosting and, maintaining the App, and enabling the formation of Service Contracts.

Acceptance of Terms and Conditions

By accepting these T&C, you agree:

  1. That you are 18 years or older;
  2. To abide by these T&C and the processes, procedures, and guidelines described throughout the App;
  3. To abide by the terms of the Privacy Policy;
  4. To be financially responsible for your use of the App and the purchase of the Services; and
  5. To perform your obligations as specified by any contract for Services that you accept, unless such obligations are prohibited by law or by these T&C.

App Operation

The Operator controls this App from the U.A.E. If you use this App from other locations, you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this App in violation of any applicable laws or regulations.

Parameters of Service

To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to [email protected] if you discover or otherwise suspect any security breaches related to the Services.This App may not be used by the Member or the Service Provider for any commercial purposes such as to provide services of any kind. The Member and the Service Provider must obtain SMAT’s prior written consent to make commercial offers of any kind on the App, whether by advertising, solicitations, links, or any other form of communication. In addition to that, the Member and the Service Provider are prohibited from using the App: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information SMAT will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the App and barring such violators from use of the App.

When using the App, the Member and the Service Provider are responsible for maintaining the confidentiality of their account and password and for restricting access to their account from any devices. The Member and the Service Providers agree on accepting the responsibility for all activities that occur under their accounts or passwords. SMAT shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the Member and/or the Service Provider failure to comply with this section.

SMAT may, upon the creation of the account and thereafter from time to time request the Member or the Service Provider to provide documents, evidence and other information required. The Member and the Service provider authorize us to retain certain information, and to obtain from certain third parties selected by us, including consumer credit bureaus and other consumer reporting agencies, information about the Member and the Service Provider, to use in connection with the App use. The Member and the Service Provider authorize us to use and retain this information in accordance with our policies and regulations. The Members and the Service Provider solely are responsible for assessing and verifying the identity and trustworthiness of the source and content of any third party communications. We are not responsible for verifying, and make no representations or warranty regarding any third party communications on the App and the Member and the Service Provider agree to release us from any liability for any third party communications that may be received or any actions that may be taken or refrained from taking as a result of any third party communication received on the App.

SMAT does not control, and is not responsible for ads, directory information, business listings/information, messages between Members and Service Providers, whether through the App or another Third Party App (defined below) or any Content. made available through the App and the Services; and that by using the App and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will SMAT be liable in any way for the Content or for any loss or damage of any kind incurred as a result of browsing the Content. Members/Service Providers will not use the Services if any applicable law in their country prohibits them from doing so and or have not previously been their right to use the Services suspended or terminated. You acknowledge and agree that SMAT cannot and does not pre-screen or approve any Content submitted by either Service Providers or Members, but that SMAT has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Services, for violating these T&Cs and such violation being brought to SMAT’s knowledge or for any other reason or no reason at all. Furthermore, the App and Content available through the App may contain links to other third-party applications (“Third-Party Apps”), which are completely unrelated to SMAT. If you link to Third-Party Apps, you may be subject to those Third-Party Apps’ terms and conditions and other policies. SMAT makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party App, and your linking to any other App is completely at your own risk and SMAT disclaims all liability thereto.

The Member/Service Provider shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable. The Member/Service Provider acknowledge and agree that they are solely responsible for their Content posted on, transmitted through, or linked from the Services and the consequences of posting, transmitting, linking or publishing it. More specifically, they are solely responsible for all Content that they upload, email or otherwise make available via the Services. In connection with such Content posted on, transmitted through, or linked from the Services by the Member or the Service Provider, they affirm, acknowledge, represent, warrant and covenant that: (i) they own or have the necessary licenses, rights, consents, and permissions to use such Content on the Services and App. However, by submitting any Content on the App, they hereby grant to SMAT an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the App and SMAT’s (and its successors’). You agree and understand that SMAT does not undertake any verification to confirm the accuracy of any information provided by the Members and Service Providers on the App. SMAT will not be liable to any Service Providers/Members in the event any information provided by them is false, incomplete, inaccurate, misleading or fraudulent. However, SMAT reserves the right to conduct investigation through third parties.

SMAT does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and SMAT expressly disclaims any and all liability in connection with Member/Service Provider’s Content and quality of content uploaded.Notwithstanding any other provision of the T&C, and except as prohibited by applicable law, if we determine in our sole discretion that Service Provider has violated the conditions and restrictions of the App or the Terms of Service, we may hold the disbursement of the Service Provider Fees. Additionally, we may also withhold the disbursement of the Service Provider Fees if: (a) we require additional information, such as Service Provider’s tax information, government-issued identification, address, or date of birth; (b) we have reason to believe the Service Provider Fees may be subject to dispute or chargeback; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under a Service Contract, this Agreement, or other Terms of Service; (e) we deem it necessary in connection with any investigation; or (f) required by applicable law. In cases of fraud, abuse, or violation of T&C, SMAT reserves the right to revoke any payments and hold and reclaim from all Service Provider Fees due to Service Provider (not just the Service Provider Fees from the Service Contract(s) under investigation) unless prohibited by applicable law. In addition, we reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement; if we discover erroneous or duplicate transactions; or if we have supplied our services in accordance with these T&C yet we receive any chargeback from the Payment Method used by Member or Service Provider.

Fees and Refunds for sessions

Service Providers rates for different types of sessions are set directly between Service Provider and SMAT.

In the event Member requests cancellation of the Program before its expiry, no refunds shall be made.

For subscriptions paid on a monthly basis, monthly sessions will be automatically charged at the beginning of each month. Sessions automatically expire every 30 days and your package is renewed. However, Member is able to request a freeze period in case of unavoidable circumstances. To initiate the freeze, the client must submit a formal request via email to [email protected]. 4-months memberships are entitled to one month freezing for the duration of the subscription. 12-months memberships are entitled to two months freezing for the duration of the subscription. It is crucial to send the freezing request via email prior to the requested freezing date. If Member requests cancelation of the Program before its expiry, Member agrees to pay a cancellation penalty of one full monthly subscription charge.

Member and Service Provider hereby authorize SMAT to run credit card authorizations on all credit cards provided by them, to store credit card and banking or other financial details as their method of payment for Services, and to charge their credit card (or any other Payment Method) and PayPal and Stripe accounts, if applicable.

The App and the Services operate in Dirham AED (Currency). The Member and Service Provider, at their sole discretion and risk, may authorize the charge of its Payment Method in a supported foreign currency subject to conversion of the payment to UAE Dirhams at the foreign currency conversion rate applicable.

If Member fails to pay the Subscription Fees or any other amounts due under the T&C, whether by cancelling Member’s credit or debit card, initiating an improper chargeback, or any other means, SMAT may suspend or close Member’s Account and revoke Member’s access to the App, including Member’s authority to use the App to process any additional payments, subscribe to any Service. SMAT will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Service Provider’s Fees. If the payment of the subscription fee has been on a monthly basis and the member fails to pay the monthly Subscription Fees within 14 days of its due date, the Member will lose the right to any remaining sessions within their Subscription.

Obligations of Member and Service Provider.

The Member acknowledges and agrees:

The Service Provider Acknowledges and Agrees:

We will suspend or terminate a Service Provider’s account under the following circumstances:

Electronic Communications

When you send an e-mail or chat electronically with SMAT, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or in app chat. You agree that all agreements, notices, disclosures and other communications that SMAT provides to you electronically satisfy the legal requirement that such communications be in writing.

Reviews, Communications and Submissions by Members and Service Providers.

You should always use most respectful language while submitting any content, such as a review regarding SMAT. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that are not permitted within SMAT.

You agree that we have access to all communications between Members and the Service Providers and such communications may be retained by us for our internal records. We reserve the right, but have no obligation, to: (a) monitor any communications within SMAT; including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. SMAT does not endorse, approve, or prescreen any content that you or other Members post or communicate on or through SMAT. SMAT does not assume any responsibility or liability for any content that is generated, posted or communicated by any Members/Service Providers on or through SMAT. The Member and the Service Provider agree to indemnify the Operator, , Bounce Fitness LLC and any of its affiliates and subsidiaries and each of their respective employees, contractors, officers, directors, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the App.

Without limiting the generality of these policies and standards, the following actions are examples, without being exhaustive, of behavior that violate these T&C and may result in any or all of your account(s)on the App being immediately suspended or terminated:

In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with Service Providers or persons you meet through the Service. Members acknowledge and agree that SMAT does not provide any Medical advice or professional Medical help.

You understand that we make no guarantee, either express or implied, regarding their ultimate compatibility with individuals you meet through the App. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members or Service Providers. You agree that any Content you place on the Service may be viewed by other Members/Service Providers and may be viewed by any person visiting or participating in the Service.

You are solely responsible for the Content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other Members or Service Provider , The Member and the Service Provider shall not post as part of the Service, or transmit to SMAT or any other Members/Service Providers (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You agree and accept that all of the information you provide to SMAT when setting up your Member/Service Provider account and at any other time shall be true, correct, complete and accurate in all respects. You also agree that any information supplied to SMAT or posted on the App in connection with any accommodation, the property is true, accurate and complete. SMAT is under no obligation to seek to resolve disputes between Member(s) and Service Provider(s).

Contacting Members

By accepting the T&C, every Member hereby agrees and gives consent to SMAT and Service Providers to communicate via phone calls, text message, email and such other means as Members may deem fit.

Use of the Services

Except as otherwise agreed upon, we hereby grant the Member and the Service Provider a limited, non-exclusive, non-sub-licensable license to access, and use the App and SMAT Content solely for the personal purpose, conditioned on their compliance with these T&C. The Member and the Service Provider acknowledge and agree to not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App and SMAT Content, except as expressly permitted by SMAT or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to the Member and the Service Provider by implication or otherwise, except for the licenses and rights expressly granted to or assigned to them herein.

Ownership andIntellectual Property of the SMAT Content

This App and all SMAT Content forming part of the App, including without limitation, all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks( the “Online Materials”), are protected by copyright, trademark and other intellectual property laws in the United Arab Emirates and international intellectual property laws.

You acknowledge and agree that Bounce Fitness LLC and Send Me A Trainer Franchising LLC owns, controls or are licensed all legal right, title and interest in and related to the App, including all intellectual property rights. You may not:

All rights, titles and interests in and to the Online Materials will be and remain vested solely in SMAT. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the Online Materials, or any rights thereto, except as expressly and specifically provided in the T&C. Nothing in these T&C will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these T&C grants you the right, directly or indirectly, to use the Online Materials in any way that competes with SMAT.

You acknowledge and agree that SMAT will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the Online Materials made by or for you. At SMAT’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to SMAT or perfect these rights, titles or interests in SMAT’s name.

You agree that SMAT may establish general practices, policies and limits, which may or may not be published, concerning the use of the App, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the App in a given period of time. You agree that SMAT has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the App. You agree that SMAT has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at: [email protected] .

Reliance on Information Posted

The information presented and posted on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

Limitation of Liability

MEMBER IS RESPONSIBLE AND ASSUMES ALL LIABILITY FOR DETERMINING WHETHER SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS OR EMPLOYEES AND ENGAGING THEM ACCORDINGLY; SMAT DISCLAIMS ANY LIABILITY FOR SUCH DETERMINATION OR THE RELATED ENGAGEMENT. THE TERMS OF SERVICE DO NOT CREATE A PARTNERSHIP OR AGENCY RELATIONSHIP BETWEEN MEMBERS. SERVICE PROVIDER DOES NOT HAVE AUTHORITY TO ENTER INTO WRITTEN OR ORAL (WHETHER IMPLIED OR EXPRESS) CONTRACTS ON BEHALF OF SMAT. YOU ACKNOWLEDGE THAT SOLELY YOU ARE RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS AND SERVICE PROVIDERS. SMAT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS/SERVICE PROVIDERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS/SERVICE PROVIDERS.

IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR PARTNERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS/SERVICE PROVIDERS OR PERSONS YOU MEET THROUGH THE SERVICE. YOU UNDERSTAND THAT WE MAKE NO GUARANTEE, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION), OR WIRE OR OTHERWISE SEND MONEY, TO OTHER MEMBERS/SERVICE PROVIDERS. YOU AGREE THAT ANY CONTENT YOU PLACE ON THE SERVICE MAY BE VIEWED BY OTHER MEMBERS/SERVICE PROVIDERS AND MAY BE VIEWED BY ANY PERSON VISITING OR PARTICIPATING IN THE SERVICE. IN NO EVENT SHALL SMAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMAT. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT SMAT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY SMAT FROM ITS FACILITIES IN UNITED ARAB EMIRATES. SMAT MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. SMAT IS NOT A PARTY TO ANY AGREEMENT BETWEEN A MEMBER AND SERVICE PROVIDER AND WILL NOT BE LIABLE TO EITHER THE MEMBER OR THE SERVICE PROVIDER. FURTHERMORE, SMAT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING AS A RESULT OF: A FALSE, MISLEADING, INACCURATE OR INCOMPLETE INFORMATION BEING PROVIDED BY A MEMBER OR SERVICE PROVIDER. AS THE MEMBER’S AND SERVICE PROVIDER’S RELATIONSHIP IS DIRECTLY WITH THE OPERATOR, AND NOT WITH BOUNCE FITNESS LLC AND SEND ME A TRAINER FRANCHISING LLC, THE LATTER SHALL NOT BE RESPONSIBLE OR LIABLE TO THE MEMBERS OR SERVICE PROVIDERS IN ANY CAPACITY.

Disclaimer of Warranties

The use of the App by the Member or the Service Provider, its content and any services or items obtained through the App is at their own risk. The App, its content and any services or items obtained through the App are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither SMAT nor any person associated with the SMAT makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the App. We shall not be liable for any loss suffered in relation to the use or inability to use the App. Without limiting the foregoing, neither SMAT nor its affiliates and subsidiaries represents or warrants that the App, its content or any services or items obtained through the App will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our App or the server that makes it available are free of viruses or other harmful components or that the App or any services or items obtained through the App will otherwise meet the needs or expectations of the Member or the Service Provider.

SMAT hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Violation of T&C

You understand and agree that in SMAT’s sole discretion, and without prior notice, SMAT may terminate your access to the App, or exercise any other remedy available and remove any unauthorized user information, if SMAT believes that the information you provide has violated or is inconsistent with these T&C, or violates the rights of SMAT, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to SMAT for violations of these T&C and you consent to injunctive or other equitable relief for such violations. SMAT may release user information about you if required by law or subpoena.

Indemnification

The Member and the Service Provider agree to defend, indemnify and hold harmless SMAT and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these T&C for which they are responsible or in connection with their transmission of any content to, on or through our App. Without limiting the indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member and or the Service Provider.

Office Foreign Assets Control (OFAC) Sanctioned Countries

SMAT will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.

Advertising

The App may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the App are accurate and comply with all applicable laws. SMAT is not responsible for the acts or omissions of any advertiser or sponsor. By using the App, the Service Provider consents that any information published on the App may be used by SMAT from time to time in any and all marketing, promotional and advertising initiatives, and in any media now or hereafter available, without any further consent from a the Service Provider.

Force Majeure

SMAT shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Governing Law

The formation, interpretation, and performance of these T&C and any disputes arising out of it shall be governed by the substantive and procedural laws of the Dubai International Financial Centre (DIFC) without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the DIFC courts, and where applicable the Small Claims Tribunal of the DIFC Courts, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

Entire Agreement/ Severability

These T&C incorporate our Privacy Policy which together constitutes the entire agreement between the Member or the Service Provider and SMAT, in relation to the use of the App and/ or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. The Member and the Service Provider agree that these T&C are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these T&C is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These T&C’s, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between the Member or the Service Provider and SMAT relating to this subject matter, and cannot be changed or terminated orally.

Assignment

The Member and the Service Provider may not assign these T&C’s or any of the rights granted hereunder without the prior consent of SMAT, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these T&C’s will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

Non-waiver

Failure by either SMAT or the Member or the Service Provider to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

Acceptance

You acknowledge that you have read these T&C and agree to all its provisions. By accessing and using the App you agree to be bound by these T&C, as well as all policies published on the App from time to time. If you do not agree to abide by these provisions, you are not authorized to access or use the App.

Contact Us

If you have any questions or concerns regarding these T&C or if you become aware of any violation of these T&C, you must immediately report it to [email protected]. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.

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