Please read these terms of service (“terms”, “terms of service”) carefully before using nbofitness.com website (the “service”) operated by Nairobi Fitness Consulting Ltd (“NBOFITNESS”, “us”, ‘we”, “our”).
Conditions of Use
We will provide their services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
Privacy Policy
Before you continue using our website we advise you to read our privacy policy, https://nbofitness.com/privacy-policy/ regarding our user data collection. It will help you better understand our practices.
Copyright
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Nairobi Fitness Consulting Ltd and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Nairobi Fitness Consulting Ltd, with copyright authorship for this compilation by Nairobi Fitness Consulting Ltd.
Communications
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Applicable Law
By visiting this website, you agree that the laws of Kenya, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Nairobi Fitness Consulting Ltd and you, or its business partners and associates.
Disputes
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by the judicial courts of Kenya and you consent to exclusive jurisdiction and venue of such courts.
Comments, Reviews, and Emails
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or injurious in any other way to third parties. Content has to be free of software viruses, political campaigns, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Nairobi Fitness Consulting Ltd non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
License and Site Access
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.
User Account
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders at their sole discretion.
Agreement and Release of Liability
In consideration of being allowed to participate in the activities and programs offered by Nairobi Fitness Consulting Ltd (“NBOFITNESS”), and to use its programs, materials, training, and any and all products, in addition to payment of any fees or charge, I do hereby waive, release and forever discharge and promise to hold harmless NBOFITNESS and its consultants, officers, agents, and employees from any and all responsibility, liability, costs and expenses, including injuries or damages, whether foreseeable or not, resulting from my participation in any activities, trainings, programs, or products designed or offered by NBOFITNESS, I do also hereby release NBOFITNESS, its consultants, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to myself, or in any way arising out of or connected with my participation in any activities, trainings, programs, or products, whether foreseeable or not, with NBOFITNESS.
I understand and am aware that diet, strength, flexibility, and aerobic exercise, including the use of exercise equipment are potentially hazardous activities. I also understand that fitness activities involve an inherent risk of injury and even death, and that I am voluntarily participating in these activities and using all equipment and machinery with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death, whether foreseeable or not, related to said activities.
In addition, I hereby certify that I am 18 years of age or older, I am of sound mind, not acting under duress or undue influence, and fully capable of understanding the terms of this agreement.
I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or any other illness that would affect nutrient metabolism or prevent my participation in, or use of equipment or machinery, except as hereinafter stated.
Medical Waiver
I understand and acknowledge that all users of this website are responsible for their own medical care, treatment, and oversight. I further understand, acknowledge and warrant that I am not suffering from, nor have ever suffered from, whether diagnosed or not, any eating disorder. All of the content provided on the website, including text, templates, treatments, dosages, outcomes, charts, profiles, graphics, photographs, images, advice, messages, and forum postings, is for informational purposes only and DOES NOT CONSTITUTE THE PROVIDING OF MEDICAL ADVICE, and is not intended to be a substitute for independent professional medical judgement, advice, diagnosis, or treatment.
The content is not intended to establish a standard of care to be followed by a user of the website. I understand and acknowledge that I should always seek the advice of my physician or other qualified health provider with any questions or concerns I may have regarding my health. I also understand and acknowledge that I should never disregard or delay seeking medical advice relating to treatment or standard of care because of information contained in or transmitted through the website. If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately.
Medical information changes constantly. Therefore the information on this website or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on this website or any linked websites is solely at your own risk. The information on this website is provided “AS IS” and without any warranties, whether expressed or implied.
I do hereby acknowledge that NBOFITNESS has recommended to me that I obtain physician’s approval for my participation in an exercise, fitness, or diet activity or in the use of exercise equipment and machinery. I also acknowledge that NBOFITNESS has recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise, or diet, and use of exercise and training equipment and machinery so that I might have his/her recommendations concerning said activities and equipment and machinery use. I further acknowledge that I have either had a physical examination and received my physician’s permission to participate in, or that I have decided to participate in said activities, and use said equipment, machinery, and programs or products designed by NBOFITNESS without the approval of my physician and do hereby assume all responsibility for my participation, activities, and utilization of all equipment and machinery in my activities. NBOFITNESS diet and training programs are not meant to treat or manage any health condition or disorder. Always consult with your healthcare provider prior to adjusting your current style of eating or beginning any new diet and/or training plan.
Use and Result Disclaimer
In addition, I hereby represent and warrant that I am currently covered by an accident and health insurance policy. I further understand that the purchase and/or participation in any program(s), training(s), or products does not guarantee results of any sort and agree not to hold NBOFITNESS staff liable for any outcomes or lack thereof.
By proceeding with the interaction(s) herein, and /or purchase(s), I do hereby agree that I have read and understood the terms of service, in its entirety, and agree to be bound by all terms and conditions described herein.
