TERMS AND CONDITIONS
BY ACCESSING AND/OR USING MBK’S WEBSITE, MOBILE APPLICATION OR FORUM, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE AND PRIVACY POLICY. IT IS REQUESTED AND STRONGLY ADVISED THAT YOU READ VERY CAREFULLY THE ENTIRE TERMS AND CONDITIONS AND THE BILLING TERMS FOR USE OF MBK’S WEBSITE AND/OR MOBILE APPLICATION AND/OR FORUM.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules.
INTRODUCTION
Method By Kat is an virtual fitness platform, owned and operated by Method By Kat FZ LLC and/or its affiliates. Access to and use of MBK’s website or Mobile Application or Forum are subject to these terms and conditions of use.
ACCEPTING THESE TERMS AND CONDITIONS
These are the terms and conditions governing your access to and use of our platform and its related sub-domains, sites, services and tools. By accepting these terms and by using the Site, you represent that you agree to comply with these terms. If you do not agree to be bound by this Terms please do not access, register or use this platform. We kindly invite you to carefully read, and agree with and accept these Terms and our Privacy Policy (the "Privacy Policy"). You should read these Terms and the Privacy Policy and access and read all further linked information referred to in this Terms as such information contains further terms and conditions that apply to you as a user of our Platform and services. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this Terms.
By accessing and/or using any of MBK’s Website, or mobile Application, or Forum, hereinafter referred to as Website/App/Forum, you agree to be bound by this Agreement, irrespective of the fact that you are a Visitor (i.e. you simply browse one or more of our Websites) or you are a Registered User (i.e. you have registered to use the Websites and have subscribed to use one or more of the Services). In the event where you do not accept the terms of this Agreement, you are not permitted to use the Website/App/Forum and the Services, and you are obliged to exit MBK’s website and discontinue any and all use of the Website/App/Forum and the Services immediately.
MBK reserves the right, at any time, to refuse access to the Website/App/Platform, unilaterally and without prior notification, to any user who does not comply with these terms and conditions. You are informed that the Terms of Use of the Site may be modified at any time, unilaterally by MBK, in particular in the event of the development of its services or in the event of legal, jurisprudential, editorial and / or technical changes.
MBK undertakes to inform you of the site of these modifications by E-mail or by means of a special notice displayed on your account or on our website/App/forum account.
1. DEFINITIONS AND INTERPRETATIONS
1.1 For the purposes of Terms and Conditions and the Billing terms (a supplementary of these terms and conditions), hereinafter referred as the Agreement, the following definitions apply:
(a) Us/Our/We” means MBK/Method by Kat.
(b) You/Yours/You, Party, subscriber, user, registered user, unregistered user, client, visitor, member refers to a party to This Agreement and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally
(c) Affiliates means any of our subsidiaries or Holding Company or any company in charge of the management of MBK as defined in the Federal Law No.2 of 2015 on Commercial Companies.
(d) Method By Kat or MBK, hereinafter referred to as MBK means the website, App and Forum owned and operated by MBK providing the Services ( as mentioned in but not limited to clause 1.1(g) ) by MBK;
(e) Forum means the Forum where registered members are able to communicate together be it on the Website or App or other 3rd party platforms or one or more websites where other online content (including content provided by MBK, Website users and third parties), resources, tools, products, services, communications and social networking features may be accessed and used
(f)(i) License means the license, or permission granted by us to you ( hereinafter referred as the subscriber/user) and our authority to Govern whether the Subscriber/user is using MBK’s Program and the Services in accordance with these terms and conditions;
(g) By the terms Our, ourselves, us, we, it is referred to the MBK and all its affiliates or any person(s) whom for the purposes of executing and/or performing and/or governing these terms and conditions are referred to, or an entity we directly or indirectly own, control or operate or appoint, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
(h) Services (hereinafter referred as Services) means:
(i) a platform, created and owned by MBK, for the purchase and use of digital content(s), which allows end-users to purchase a subscription and stream pre-recorded audio and video content over the Internet for personal use;
(ii) an e-commerce site and/or Mobile in-app, created and owned by MBK, purchase facility, which allows users to purchase products from MBK’s in-app online store and website.
(k) Subscription means your subscription with MBK, entitling you to use of the Services and/or other options as the subscriber is entitled to use by virtue of paying the relevant amount of the subscription fee;
(i) Terms and Conditions means these terms and conditions as mentioned in here and the Billing terms (supplementary to this agreement) and as amended from time to time;
(l) Website means the website www.methodbykat.com and the contents and/or services offered or provided by MBK excluding the Program, products and/or services offered or provided by MBK App;
2. LICENSE
2.1 As a result of this Agreement, you are granted a non-exclusive, non-transferable, non-rentable, non-leasable, non-sub-leasable, revocable License to personally access and use, for non-commercial purposes, the Contents, Program and the services that is offered on the Program (“Services”) via MBK App and MBK website.
2.2 You agree that you are only authorized to visit, view and retain a copy of pages/Contents of the MBK Website/App for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the materials, contents on the site for any purpose other than for your own personal use only. You also agree that you will not deep link MBK’s website/app for any purpose or whatsoever, unless specifically, officially authorized in writing by the company to do so. The content and the Software on MBK’s website is the Property of MBK.
2.3 This License shall continue until terminated in accordance with the terms and conditions billing terms of this Agreement.
3. ELIGIBILITY
3.1 You confirm that by accessing and using this Website/App/Forum, you are over the age of 18 years old and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving online products and services, under the laws of the United Arab Emirates or any other applicable jurisdiction. Registration, subscription, access to and use of the Website/App/Forum and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.
4. MEMBERSHIP
4.1 You agree that you have provided your details accurately and truthfully for the purpose of your registration as a member for using or subscribing our services. We reserve the right to suspend or terminate your subscription if we discover that you have, at any time, provided inaccurate, incomplete or misleading or false personal information.
4.2 You agree and pay online or upfront the subscription fee for the relevant services provided to you by MBK. Please be aware that Subscription plans are available in (1) one month and (3) three months plans respectively.
4.3 You understand and agree that any password or right given to you to gain access to the "Clients only" email subscription and for subscription of the App, and the contents or use of either the email subscription or App, is not transferable or to be used by any other person(s) who is not a registered user or subscriber of MBK’s Services. It is for your sole use only.
4.4 You agree that we reserve the right of discretion, to terminate your access to the "Clients only" email or subscription or Website/App/Forum if, in our opinion, you have failed to comply with any of the provisions of the Terms and Conditions of this agreement
4.5 Cancellation requests made by you during the Trial period will be processed within (2) two days or more upon successful submission.
5. SERVICES
5.1 This Agreement governs your right to use the Website/App/Forum and your access to the use of the MBK App, Services and/or any products acquired in relation to the Services and/or any links provided on the Website to other websites.
5.2 You shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, sub-lease, license, sub-license, assign copy, translate, modify, adapt, improve, publicly project, broadcast, create any new or derivative work from, or display, distribute, make it available in other network, or in any way exploit the website/App, or any of the contents, including its software in whole or in part.
5.3 Under no circumstances or whatsoever, you do not receive or is entitled to any ownership rights to such content by downloading and/or printing the relevant content from the MBK’s Website/App/Forum to your computer, or other devices. As a result of downloading any content you are bound not to use the contents for any unlawful purposes or any other purposes that prohibits you by the terms of this Agreement. Further, you agree that your usage of the Services is solely for your own personal use and not for any commercial or other uses that are contrary and prohibited by this Agreement and our legal rights in relation to the Website/App/Forum.
5.4 You know that following any downloads, you are not authorized to reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site, or distribute or modify or otherwise deal with any content in the Services in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would in fact infringe MBK’s intellectual property rights.
5.5 You agree that in the process of using MBK’s Services, you will not violate any of the laws that relates to but are not limited to the competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in United Arad Emirates (U.A.E.). In the event when you access our services in another jurisdiction, you shall be bound by the laws of that jurisdiction, so far as the laws of the relevant jurisdiction are not inconsistent, in which case you agree to be bound by the laws for U.A.E.
5.6 You agree that in using our services, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail/email or speech or facilitate others to commit such acts in whatever format in MBK’s Website/App/Forum.
5.7 The contents on the MBK’s Website/App/Forum including, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, that are related to MBK’s services, are entitled to and/or owned by and/or licensed to MBK, by virtue of the copyright and other intellectual property rights under the laws of the UAE
6. SUBSCRIPTIONS AND AGREEMENTS
6.1 You agree that in accessing, registering or using the MBK’s Services and any other products via MBK’s Website/App/Forum, you are considered to have read and personally agreed to the Terms and Conditions.
6.2 That you understand and agree that the payment system for you subscription and other purchases are governed by these Terms and Conditions as well as our Billing Terms which are both part of this Agreement.
6.3 If we offer promotional offers and special discounts, they will be subject to separate terms and conditions to be read in accordance with these Terms and Conditions.
6.4 That, if we believe that you may or will bring our reputation, and/or those individuals who represent us in the market place, and/or our other users, and Forum members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the MBK’s Services or to the contents and components of the Website/App/Program or are in any way in breach of this Agreement, we have the right to refuse to deal with you, at any time, at our sole discretion and suspend or terminate your subscription.
7. WHAT INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following Information about you:
a. Information that you provide by filling in forms on our Platform, including information provided at the time of registering to use our Platform and other co- registrations (e.g. social media logins), subscribing to our Services, posting material or requesting further services
b. the Information you provide when you enter a competition or promotion via our Platform, provide reviews, testimonials or feedback on our Platform;
c. Information you provide us, or that we may collect from you, when you report a problem with our Platform;
d. a record of correspondence if you contact us;
e. general, aggregated, demographic and non-personal Information;
f. if you download or use our mobile application, we may have access to details about your location and your mobile device, including a unique identifier for your device;
g. details of transactions you carry out through our Platform and of the fulfilment of your orders;
h. details about your computer, including but not limited to your IP address, operating system and browser type, as well as information about your general internet usage (e.g. by using technology that stores information on or gains access to your device, such as cookies, tracking pixels, web beacons, etc., (together, "Cookies"));
i. your email address from a third party if you indicate that you have consented to that third party sharing your Information with us; and
j. any other Information we consider necessary to enhance your experience on the Platform.
8. HOW WE WILL USE YOUR INFORMATION
We may use Information held about you in the following ways:
a. to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
b. to provide you with location-based services, such as advertising, search results and other personalized content;
c. to carry out our obligations arising from any contracts entered into between you and another entity using our Platform or between you and us;
d. to improve our Services and to deliver a better and more personalized service to you;
e. to ensure that content from our Platform is presented in the most effective manner for you and the device you use to access our Platform;
f. to notify you about changes to our Services;
g. for any other reason which we deem necessary to enhance your experience of the Platform;
h. to administer and manage our incentives programs and fulfil your requests for incentives, and/or to allow you to participate in sweepstakes and to notify you if you are a sweepstakes winner.
9. TO WHOM WE MAY DISCLOSE YOUR INFORMATION
Information about our customers is an important part of our business. We share your Information only as described below and with businesses that follow practices at least as protective as those described in this Privacy Policy:
a. Other Businesses. To offer you our Services, we may engage with businesses who are affiliates of us and/or non-affiliated service providers (e.g. logistics businesses used to deliver products to you, marketing companies, payments processors to process online transactions, etc.). We may involve other businesses in your transactions, who may store your Information in a digital wallet to make your use of our Services more efficient.
You understand that it is important that such businesses have access to the relevant Information to perform their functions. We will ensure that these businesses do not use your Information for other purposes. We may also receive Information from these businesses (e.g. updated delivery and address information), which we may use (e.g. to correct our records and deliver your next purchase). By using our Platform, you hereby freely and specifically consent to the transfer, storage, use, and disclosure of your Information among businesses who are affiliates of us and/or non-affiliated service providers, wherever located. These businesses shall be contractually bound to respect the confidentiality of your Information.
b. Marketing and Promotional Offers. We may also use your Information to provide you with information about goods and services which may be of interest to you and enhance your Platform experience, service messages, new features, enhancements, special offers and events of interest. We may contact you via various channels, including without limitation emails, push notifications, web notifications, post, telephone, in-app messages and news feed cards.
We may permit third parties to use your Information. For example, we may provide advertisers Information to help them reach the kind of audience they want to target and to enable us to comply with our commitments to our advertisers (e.g. by displaying their advertisements to a target audience).
Additionally, you may be asked to provide additional Information to participate in some of our market research activities, including competitions and promotions. For example, if you win a competition, you may be asked to provide further personal data to establish your eligibility and provide you with the prize. This Information may be collected by us or our co-sponsors or vendors for the promotion. Note that you should review such third parties’ privacy policies to see how they may use any information that they collect.
c. Business Transfers. In the event that we or substantially all of our assets are acquired, customer information will be one of the transferred assets.
d. Protection of Our Platform and Others. We release accounts and other Information when we believe such a release is appropriate to comply with the law and law enforcement investigations and to protect the rights, property or safety of our users or others. This includes exchanging information with other companies and organizations for various reasons, such as fraud protection and credit risk reduction.
Note that our Platform may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data or other information to these websites.
10. THIRD PARTIES
10.1 In order to assist us to provide our Services to you including payment processing and client registrations or other official works, we may use third parties who may have access to a certain amount of your personal information, which is required by them to perform their duties. They are prohibited from using your personal information for any other purpose other than for the use mentioned herein.
10.2 The MBK website/App/Forum may contain third-party advertising and/or links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Nevertheless, the inclusion of an external link in any of our Websites does not imply that MBK is responsible for the investigation, evaluation and/or endorsement of such third party website. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or websites. MBK does not assume any responsibility or liability for the actions, products, services, and/or content of any such websites. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such websites. If you decide to access any such linked websites, you do so at your own risk.
11. FORUM MEMBERSHIP
11.1 Forum membership provides for public communications via one or more websites where other online content (including content provided by MBK, Website users and third parties), resources, tools, products, services, promotions, discussions, communications and social networking features may be accessed and used.
11.2 In becoming a forum member, you agree to provide truthful, accurate personal details about yourself as required on the sign up page for the Forum and that, you will use the Forum only for positive and supportive purposes and you will not post negative or demeaning or offensive comment or contents towards other users of the Forum, either on the Forum itself or otherwise, the Program, the Forum and/or the individuals representing the Program/Services and/or their employees.
11.3 You adhere to the fact that the moderators or administrators of the Forum reserve the authority to remove any messages in the Forum that are inappropriate or that they reasonably believe may have a negative impact upon the Services/ MBK and/or its reputation.
12. RENEWAL AND TERMINATION
12.1 You agree that your subscription to our services will automatically renew for the same term/period as you have chosen for your initial subscription period/term unless you cancel your Subscription from recurring by visiting the settings section of your profile on the Website and de-select the option relating to automatic renewal of your Subscription. You may cancel your subscription to the Website by visiting the ‘Profile’ section of the planner and following the option to manage your subscription. However, it is also important to note that a refund will not be provided when cancelling your subscription in the middle of a subscription period you have already undertaken.(Your information provided will be stored for 24 months from the date of purchase and/or Subscription after which it will be deleted or destroyed).
12.2 If your Subscription is related to an In-App Purchase (as referred to in the Billing Terms) you must disable the ‘auto-renew function’ in your device settings, or through the relevant App Store on your relevant user profile. (Please note a refund will not be issued when cancelling) (Your information archived will be stored for 24 months from the date of purchase and/or Subscription after which it will be deleted or destroyed).
12.3 You agree that we reserve the right and the authority to terminate your License and Subscription to our services at our discretion. If we believe that you have breached any of the Terms and Conditions of this Agreement or if you are facilitating or taking part in an unlawful or malicious activity on behalf of a third party or by yourself/yourselves regarding our services, we are at liberty to take any other action necessary to uphold this Agreement.
13. PAYMENTS
13.1 In purchasing your subscription or any product or service from the Website or through the in-App purchasing system you agree to:
(a) pay using a valid Visa or MasterCard debit card or credit card (or any other form of payment as we legally may allow) in the local currency of your domicile;
(b) pay all costs, fees, charges and applicable taxes, relating to your subscription and other in-app purchases, to us by providing with all your necessary current and complete information as mentioned in the purchase order form including your full legal name, billing address, telephone number, email address, credit card or debit card or other payment form details and billing information as required, and without limiting any of our rights to take legal action and remedies if we discover or believe that the information you provided is inaccurate or incomplete or False.
(d) our right to refuse to proceed with your purchase, or put on hold or terminate your access to our Website/App/Forum, the services or products provided by us at any stage, during the transaction or your subscription period, at our sole discretion and you forfeit any right to a refund for any payment made by you for the purchase or any other charges as they may incur in respect of your Purchases.
13.2. You acknowledge and agree that prices will vary depending on the type of subscription as well as the region you are located and may be altered from time to time (as mentioned in clause 15(b) of Billing Terms).
14. LIABILITY
14.1 Your right and title for your purchase will pass to you upon our receipt of full payment from you or when you receive the service for your purchase; whichever happens later.
14.2 You agree and understand that the Risk of loss or damage to the purchase will pass to you even when we appoint a third party to deliver your purchase and we provide no estimate as to the duration of delivery and that time is not of the essence with respect to the delivery of your purchase.
14.3 In the event where we delivered you the Purchased services by email, and you claim that you have not received such delivery, then you must contact our billing department via email at [email protected] within (7) seven days of the date by which you placed the order for the Purchase for us to investigate your claim.
15. WARRANTY/REFUND
15.1 Subject to the rights granted to you by the laws of the UAE, which cannot be excluded, due to the nature of the Services, and as we make no representations to you in respect of your use of the services and/or the products or services offered by the Website/APP, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website/APP.
15.2 You expressly acknowledge that your use of the Website/App and its products and/or services is at your sole risk.
15.3 You acknowledge and understand that we do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
16. PRIVACY POLICY
13.1 Your privacy is utmost important to us. Our Privacy Policy is incorporated into these Terms and Conditions by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy. You can find a copy of our privacy policy on the Website.
17. DISCLAIMER
17.1 The contents of this Site is for informational purposes only. The content and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor immediately. MBK does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the website/app/forum. Reliance on any information provided by MBK, MBK employees, other contributors appearing on the website/app/forum at the invitation of MBK, or other visitors to the website/app/forum is solely at your own risk.
17.2 You acknowledge and agree that you are responsible for your own health and safety at all times, and that you have been assessed by a medical expert (e.g. your Doctor) who has given you consent to take part in physical activity.
17.3 You acknowledge and agree that MBK and the instructions provided through our services are for general guidance purposes only and should not replace or super-exceed the advice given to you by your own medical expert. Should you choose to ignore medical advice, you do so at your own risk and MBK and its affiliates shall hold no responsibility and liability for damage and/or injury caused.
18. LIMITATION OF LIABILITY
18.1 Subject to the rights granted to you by virtue of the laws of UAE under consumer protection, which cannot be excluded by virtue of this agreement, under no circumstances or whatsoever we shall not be held be liable to you for any personal-injury or injury or incidental, undue damages, whatsoever including damages for loss of income, data, or consequential damages or personal injury to you or to any third party except to the extent such limitation or exclusion of liability is not permitted by law.
19. OUR RIGHTS TO MODIFY SERVICES
19.1 You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Services, Website/App/Forum and/or this Agreement, as we see fit. We will notify you of any such modifications or changes and/or any intended changes on our terms and conditions via email and you will be deemed to have accepted such changes based on your continued use of the Services following our notification of the notice of changes.
19.2 You agree and understand that we may transfer, assign, re-assign, license or deal with our interest in our Services, copyright or any other published material to any other Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for the Services we provide to you by virtue of your subscription.
20. JURISDICTION
20.1 The Terms and Conditions and the Billing Terms under this Agreement are governed by the laws of United Arab Emirates and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts. All disputes arising in connection with these Terms and Conditions or any disputes arising in connection with the operation or function of MBK’s Website/App/Forum shall be herd only by a court of competent standard in United Arab Emirates.
21. INDEMNITY
21.1 You agree to indemnify MBK and any of its affiliates to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer due to your improper or illegal use of the Program and/or from your breach of this Agreement and/or any facilitation or support by you of a third party causing any loss or damage to us.
21.2 You understand and agree that you are responsible for the contents you post on the Forum and that you will be held personally liable for posting improper, malicious, illegal or any other prohibitory posts or comments or content that is deemed to be illegal and or criminal in nature under the national and international laws and legislations, on the Forum.
21.3 You are required to exercise due care to obey any U.A.E. laws relating to publication, broadcasting, media controls, advertising standards, cyber security and social media legal considerations, as they may arise or be applied to you in respect of any content you post in relation to our Services Forum/App/Website, or that by your actions of conduct.
22. GENERAL
22.1 That this agreement is between you and MBK relation to the Program and services we provide through MBK’s Website/App/Forum and your use of it. Unless provided in official writing to you from MBK, any failure or delay on our part to implement a power or right which we may have gained under this agreement, does not amount to an automatic waiver of that power or right and will not preclude or exclude our entitlement to exercise such power or right at a later date.
22.2 That you understand and agree that MBK’s Services are offered to you on the condition that you accept and agree to the fact that you will be bound by this Agreement. By accessing and/or using any of MBK’s Website/App/Forum, you agree to be bound by this Agreement, irrespective of the fact that you are a Visitor or you are a Registered User. In the event where you do not accept the terms of this Agreement, you are not permitted to use the Websites and/or subscribe to our Services, and you are obliged to exit MBK’s website and discontinue any and all use of the Website/App/Forum and the Services immediately.
23. DELIVERY/SHIPMENT POLICY
(Method by Kat Website) will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE. Multiple transactions may result in multiple postings to the cardholder’s monthly statement.