I. Subject matter of the contract, amendments.

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§ 1 Subject of the Terms and Conditions.

 

(1) The following General Terms and Conditions apply to all services & deliveries between us and a consumer in the version valid at the time of the order /subscription.

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(2) In the event of the conclusion of a contract, the contract is concluded with:

Golden Elite GmbH
Bielstrasse 31
2544 Bettlach
Switzerland

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info@hitftx.com

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HITft.X is represented by Golden Elite GmbH , (hereinafter referred to as “service provider“, “we”, “us” or “our”). Provides Leisure services with online trainings or product order deliveries on www.hitftx.com (hereinafter referred to as the “portal“).

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The duly registered subscribers (hereinafter referred to as “subscribers” or “you”) or purchase consumers (in this capacity “buyers“) of goods and services of all kinds (hereinafter referred to as “items“).

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As a subscriber, you can do the following:

– create your individual personal profile

– access content available on the portal

– use the other services available on the portal, both free and paid, within the scope of their respective availability.

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(3). These terms and conditions govern the provision of our services and the use of these services by the subscribers.

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The fulfilment of the contracts concluded via the portal is carried out by Golden Elite GmbH.

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(5). As a subscriber you must comply with applicable law when using the portal.

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​You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are participating as a guest or as a registered User;

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As a subscriber you may not use addresses, email addresses and other contact data, which might have obtained through the use of the services, for any other purposes than for contractual and pre-contractual communication.

 

You represent and warrant that you are at least 18 years of age (or the age of legal majority in your jurisdiction of residence) and have the right, authority, and capacity to enter into these Terms, on behalf of yourself or another person that you represent.

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You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.

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In particular, it is forbidden the following:

– to resell this data or use it for the purpose of sending advertising materials.

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(6). We use the  masculine form (“he”) in these terms and conditions for persons of both genders.

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§ 2 Amendments of the terms and conditions.

​(1). We may amend these terms and conditions at any time with effect also within the existing contractual relationships, insofar as:

– this is necessary for valid reasons, in particular due to a change in legislation or jurisdiction of the highest courts

– might be necessary for technical changes or further developments.

– might be needed for new organizational requirements of mass traffic

– and/or regulatory gaps in the terms and conditions.

– because of changes in market conditions o

– other comparable reasons and does not unreasonably disadvantage the customer.

The amendments do not alter the essential business characteristics of the contract. In particular they do not alter the provided paid services.

 

(2). We will notify the user of such amendments. Preadvice of at least two (2) months before the planned entry into force of the amendments.

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The subscriber may either accept or reject the amendment before their planned entry into force. The subscriber shall be deemed to have given his consent unless he has given notice of his rejection before the planned date of entry into force of the amendments. We shall specifically make reference to this de facto consent in our offer.

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(3). If you reject the amendments, both parties have the right to give extraordinary notice of cancellation of the business relationship.

We will inform the subscriber separately of this mutual extraordinary right of cancellation in our offer.

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II. Registration for subscription, handling of login details, termination of subscription.

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§ 3 Right to register.

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(1). The registration as a subscriber is only permitted for persons of legal age and unlimited legal capacity.

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In the case of a legal entity or partnership, registration as a subscriber must be made by a natural person. This natural person must have unlimited legal capacity and power of representation. When registering as a subscriber, only individual persons can be specified as the holder of the customer account.​

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§ 4 Registration on the portal.

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(1). Buyers can choose between different Subscription plans for a monthly usage fee, half yearly fee or yearly fee. The current usage fee payable for memberships are displayed to the buyer during the registration process.

The buyer can upgrade the access at any time, to do so contact us to: info@fit2x.com

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(2). The contact details and other information we request during the registration process and you have submitted must be complete and correct.

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When registering a legal entity, the natural person authorized to represent the legal entity must also be specified.

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(3). Your personal account is not transferable.

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§ 5 Right of cancellation.

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(1) Subscription cancellation

As a consumer you have the legal right to cancel the Subscription contract for any reason and receive a refund.

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The period begins once we have sent you your Subscription Confirmation and ends when you access (e.g. download or stream) the Content, or 14 calendar days after the date of Our Subscription Confirmation.

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After the cooling-off period, you may cancel your subscription at any time, however subject to 7 days’ notice before the automatic renewal of your contract takes place. In order to cancel your subscription send us an email to info@hitftx.com

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When you cancel your Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to the Subscription until the end of that current Subscription Term.

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In the event you cancel your Subscription, note that we may still send you promotional communications about HITft.X products or services, unless you opt out of receiving those communication by following the unsubscribe instructions provided in the communications.

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(2) Right of cancellation Online Personal Trainings

You can only cancel future single Online Personal Training sessions that have not been taken place. You will not receive a refund for Online Personal Trainings that took place and you paid for,

 

If you have bought an Online Personal Training Package of more than 1 Online Personal Training session, a cancellation is not possible if at least one Personal Training from your Package took place and you will not receive a refund. However a Trainer change is possible.

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(3) Apparel order cancellation

Please note that orders cancellations are only possible before shipping. If your order has already been shipped, a cancellation is not possible.

To cancel a non-shipped order send us an email to: info@hitftx.com

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§ 6 Responsibility for login details.

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(1). In the course of the registration process, the subscriber must enter a name or user name and password. (Hereinafter referred to as “login details“).

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Using these details, you can log on to the portal.

It is your responsibility to ensure that your name or user name does not violate the rights of third parties. In particular no name or trademark rights and does not constitute a violation of accepted principles of morality.

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(2). As a subscriber, you must keep secret your login details. Also you may not make accessible to unauthorized third parties.

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(3). It is also your responsibility to ensure that exclusively yourself or persons authorized by you have access on the portal. You also bear the responsibility to assure that exclusively yourself make use of the services available with your login details.

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If there are concerns that unauthorized third parties have obtained or will obtain knowledge of the login details, you must inform us immediately.

You are liable for any use and/or other activity carried out with his login details in accordance with the statutory provisions.

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§ 7 Updating your details.

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You may keep your details (including your contact details) up to date.

If there is a change in the details provided during the subsequent duration of his subscription, you must immediately update the information in your personal settings on the portal.

If you are unable to do so, you must inform us immediately by email of the changes to your details.

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§ 8 Termination of subscription.

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(1). We will automatically renew the contract for an extension period of time same as contracted unless you terminate the contract 7 days before the end of the respective extension period.

Our entitlement to payment for the current access period remains unaffected by the termination.

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(2). The contractual relationship ends when the termination becomes effective and the subscriber may no longer use his access.

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We reserve the right to block the login details as soon as the termination becomes effective.

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III. Services and content on the portal.

 

§ 9 Provision and availability of services

(1). Depending on the type of access selected (monthly membership, half yearly membership or yearly membership), subscribers are allowed to:

In the portal, you have access to paid services.

Paid services are clearly identified as such.

The content and scope of the services are determined by the respective contractual agreements. These are also determined by the functionalities currently available on the portal.

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(2). We guarantee a monthly average availability of 99% for paid access /services for services within our area of responsibility.

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The portal’s regular maintenance windows, which are between 2:00 and 4:00 a.m. every Sunday, are not included in the calculation of availability.

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(3). In all other respects an entitlement to use the services available on the portal exists only within the framework of our technical and operational possibilities.

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We endeavour to ensure a maximum uninterrupted usability of our services.

However, temporary restrictions or interruptions may occur due to technical problems (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines).

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§ 10 Protection of the contents.

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(1). The contents available on the portal are for the most part protected by copyright or other property rights and are our property.

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The compilation of the contents as such may be protected as a database or as a sui generis database right as defined by Sections 4 paragraph 2, 87a paragraph 1 of the German Copyright Act (UrhG).

The subscriber may only use these contents in accordance with these terms and conditions and within the scope specified by the portal.

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(2). The contents available on the portal originate from Golden Elite GmbH

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IV. Use of the services in the portal.

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§ 11 Scope of permitted use, monitoring of use activities.

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(1). Your right to use the portal is limited to access and to the use of the services available on the portal within the framework of the provisions of these terms and conditions.

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(2). You are responsible for creating the technical prerequisites necessary for the contractual use of the services within the your area of responsibility.

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Fit2x is not obliged to provide you with advice in this regard.

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§ 12 Use of paid services.

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(1). We offer paid services in the portal.

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The use of the services available with our memberships is covered by the monthly, half yearly or annual advance payment of the usage fee.

If the use of a service (including the retrieval of content) is subject to a charge within the scope of membership access, the subscriber will receive online notification of the costs incurred by the subscriber, the terms of payment and other relevant details before access to the respective service is made available.

Only then you have the opportunity to use the respective service by clicking on the corresponding button.

By clicking on the corresponding button, you make a binding declaration that you wish to use the respective service.

By doing so, you accept our offer to provide the paid service with binding effect, and a further contractual relationship is established.

This contractual relationship is also subject to these terms and conditions, as well as any further conditions, of which we will inform you prior to your use of the service.

If you do not wish to make use of the paid service, you can cancel your membership.

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§ 13 Subscription renewal conditions.

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Your Subscription will Automatically Renew. The term of your Subscription will be determined according to the Subscription type you select during registration and will automatically renew for such term duration (each a "Subscription Term"). A Subscription Term may vary, for example, with monthly, bi-annual or annual automatic renewal terms, as described in the course of your transaction. Your Subscription will automatically renew for additional Subscription Terms as long as your Subscription continues, until you cancel your Subscription or we suspend or stop providing the Subscription in accordance with these Terms. Unless otherwise indicated by us, you will be charged prior to, or at the beginning of, each renewal Subscription Term.

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§ 14 Creating user profiles.

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(1). You can individually design your user profile according to your preferences within the framework of these terms and conditions.

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§ 15 Right of use of content available on the portal.

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(1) You must not, and will not assist, encourage, or enable others to use the HITft.X services:

·         To violate any applicable laws or regulations when using our site, app or HITft.X services and/or sharing content   with us.

·         ·  Use our services for any commercial purpose.

·         Publish any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid scheme” or investment opportunity, or any other form of solicitation.

·         ·  To threaten, stalk, harm, or harass any user, member or Trainer, or to promote bigotry or discrimination.

·         ·  To create, send, display, transmit, upload, use any material or Content that:

o    Contains defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory material.

o    Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·         ·  Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.

·         ·  Promotes or assists in any illegal activity.

·         ·  Violates the legal rights of our users, members, Trainers or HITft.X

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(2) Additionally, you must not, and will not assist, encourage, or enable others to:

·         ·  Violate this Terms and conditions.

·         ·  Record, process, harvest, collect, or mine information from our site, app or HITft.X services.

·  Editing, modifying, translating, presenting, or demonstrating, publishing, exhibiting, reproducing, or disseminating, in whole or in part, the content available on the site, during Personal Training video calls or apps. It is also prohibited to remove or alter copyright notices, logos and other trademarks or protection notices.

·         ·  Reformat, frame or mirror any part of our sites, app or services without our express prior written consent.

·  Use the HITft.X service in any manner that could, in our sole discretion, disable, overburden, damage, impair or interfere our Site, any App or the HITft.X Service or any other party's use of the HITft.X Service.

·  Knowingly introduce viruses, trojans, worms, logic bombs, spyware or other computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment.

·         ·  Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the HITft.X Service.

·  Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of any of our sites or apps, without our express prior written consent.

·         ·  Reverse engineer any portion or all of the HITft.X Service.

·  Attempt to gain unauthorised access to any of our sites, app or the servers on which our sites are stored, or any server, computer or database connected to any of our sites.

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We encourage you to let us know if you believe another User or Member has violated our Terms and conditions.

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(3) Mandatory statutory rights (including reproduction for private and other personal use pursuant to Section 53 of the German Copyright Act (UrhG)) remain unaffected.

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§ 16 Conclusion of contract via the portal.

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(1). By sending an order via the portal by clicking on the corresponding button the buyer submits a legally binding order.

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(3). HITft.X will process the buyer’s order placed via the portal in between the next 24h upon reception.

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(4). A contract is only concluded when HITft.X delivers the ordered article to the buyer’s delivery address or the service content online.

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§ 17. Sanctions.

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(1). If there is specific reason to believe that you are violating or have violated these terms and conditions, and/or applicable law, HITft.X may, at its own discretion

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– taking into account the legitimate interests of the respective subscriber – impose the following sanctions:

– Delete offers or other contents,

– restrict or limit the use of the portal,

– issue a warning to the subscriber,

– temporarily or permanently block access to the customer account.

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(2). In the event that access is temporarily or permanently blocked, the service provider will block the subscriber’s access authorization and notify him of this by email.

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If access is temporarily blocked, the service provider shall reactivate the access authorization after expiry of the blocking period and notify the subscriber thereof by email.

A permanently blocked access authorization cannot be restored.

Persons who are permanently blocked are permanently excluded from subscription to the portal and may not register as a subscriber to the portal again.

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§ 18 Rights of termination of the subscriber.

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(1). You may terminate the entire business relationship with us at any time with a period notice of 7 days prior your contract renewal period date.

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§ 19 Rights of termination of the service provider.

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We may suspend your ability to use certain portions of the HITft.X Service, deactivate your account and/or ban you altogether from the HITft.X Service for any or no reason, and without notice or liability of any kind. We reserve the right to terminate these Terms, at our sole discretion, at any time and without notice or liability to you.

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§ 20 Limitation of liability for paid services.

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(1). The service provider shall be liable without limitation for any damages caused intentionally or through gross negligence by the service provider or its legal representatives, executive employees, or simple vicarious agents.

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(2). In other cases, we are liable only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the subscriber may regularly rely (so-called cardinal obligation).

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This is limited to compensation for foreseeable and typical damage. In all other cases, the liability of the service provider – subject to the provision in paragraph 4 – is excluded.

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(3). All limitations stated in paragraphs 1 and 2 shall also apply to the benefit of the legal representatives, executive employees, and simple vicarious agents of the service provider if claims are asserted directly against them.

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(4). The limitations of liability resulting from paragraphs 1 and 2 shall not apply in the event of fraudulent intent, or for claims under the Product Liability Act.

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V Prices, shipping costs, payment, due date

 

§ 21 Prices

(1) The prices quoted include statutory VAT and other price components. Any shipping costs are added.

(2) The buyer has the option of paying by PayPal, credit card or bank transfer with Klarna.

(3) The buyer undertakes to pay the purchase price in advance.

§ 22 Delivery

Unless we have clearly stated otherwise in the product description, all items offered by us are ready for dispatch immediately. We usually dispatch on working days on the same day, but no later than the next day. This means that your order will be in your letterbox within 3-5 working days in Switzerland or 7-14 days for international deliveries.

§ 23 Retention of title

We retain ownership of the goods until the purchase price has been paid in full.

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VI. Health and safety warnings.

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§ 24 Practice risk

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This website’s content is not a substitute for direct, personal, professional medical care and diagnosis. Consult your doctor before beginning the HITft.X services or any new fitness program.

The information contained in HITft.X programs is not intended to provide specific physical or mental health advice, diagnose, treat, cure or replace any medical advice whatsoever, for any individual or company and should not be relied upon in that regard.

If you have a medical or heart condition, consult your doctor before using the HITft.X service, engaging in an exercise program or changing your diet.

If you experience a medical emergency, immediately stop using HITft.X services and contact a medical professional.

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As with any exercise program, you assume certain risks to your health and safety. Any form of exercise program can cause injuries, and our programs are no exception. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form. Although thorough instruction is included on the form for each exercise.

Be aware that our programs (like any other exercise program) do involve a risk of injury. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health right now.

 

We are not medical practitioners. Our advice whether it be on our website, in our meal plans, exercise program's or via email coaching, none of it is meant as a substitute for medical advice. You must consult your doctor before beginning ANY meal plan or exercise program, with no exceptions. You are using our plans, programs, workout's and coaching at your own risk and we are not responsible for any injuries or health problems you may experience or even death as a result of using our programs.

 

It is to be made clear that we are not responsible for any injuries or health problems you may experience or even death as a result of using any of our products or services.

 

§ 25 Expected results

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Although our products and services are intended to be fully implemented, sometimes they are not, which could result in a lack of progress/results for the user. With a good practice and implementation of our products and services you should see amazing results, however, it must be disclaimed that even when consumers implement any products or services in full from us it is still possible they will not get the results they may have expected and it is also possible they will not achieve any positive results of any kind.

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VII. Other provisions.

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§ 26 Form of declarations.

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All declarations submitted in the context of subscription to the portal must be made electronically (e.g. via the contact form in the portal), unless otherwise expressly stated in these terms and conditions or unless mandatory legal provisions require another form of communication.

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§ 27 Severability clause.

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Should any of the provisions of these terms and conditions be or become invalid, the legal validity of the remaining provisions shall remain unaffected.

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§ 28 Applicable law.

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These terms and conditions are subject to the law of the Federal Republic of Germany. The UN Convention of Contracts for the International Sales of Goods (CISG) is excluded. If the subscriber is a consumer and is, at the time of conclusion of the contract, habitually resident in a country other than Germany, the application of mandatory legal provisions of that country shall not be affected by the choice of law specified in sentence 1.

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§ 29 Place of jurisdiction.

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If the subscriber is a trader, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from these terms and conditions is the registered office of the service provider, […].