In order to proceed, you must agree with the following rules:
Alain Ngalani Fitness® - Membership Registration
1.1 You can browse the Alain Ngalani Fitness® website without registering for membership. To have further access to the website site you will need to be a registered member. We reserve the right to cancel your membership at any time at our absolute discretion.
1.2 To be able to register you must:
1.2.1 be 18 years or over; and
1.2.2 have a valid payment method (applicable to paying memberships only).
1.3 You may terminate your membership at any time but you will not be entitled to any refund of any memberships fees paid.
The Service
2.1 Alain Ngalani Fitness® is an online service that provides its members with access to fitness, stretching, flexibility videos streamed over the internet (often recorded live and made available on-demand), and nutritional, health and fitness information via the Alain Ngalani Fitness® website.
2.2 Availability and quality of the streamed online classes may vary from computer to computer and may be affected by available bandwidth and speed of internet connection. We give no warranties of the quality of your watching experience. You are responsible for all internet access charges.
2.3 We reserve the right to make changes from time to time and without notice to the way in which we operate the service.
Billing
3.1 Membership to Alain Ngalani Fitness® is available via registration process for one-time payment and rebills.
3.2. Cancel anytime. You may terminate your membership at any time but you will not be entitled to any refund of any memberships fees paid.
3.3 By successfully entering your card details on this site you agree to the terms and conditions. The charge will be made to the payment method you selected in your registration. Payments are non-refundable.
3.4 The subscription fee will be paid in advance on the calendar day corresponding to the commencement of your membership.
3.5 You may access your account details at any time via the contact form. Alain Ngalani Fitness® does not store card details, however, you are entitled to be removed from the system upon request.
3.6 Payments made for membership to the Alain Ngalani Fitness® website will be fulfilled through a secure gateway. Alain Ngalani Fitness® does not hold any card details.
3.7 Alain Ngalani Fitness® processes payments using Stripe or Paypal that will secure international, multi-currency, online credit card payment transactions for eCommerce merchants. (Visa, Mastercard, American Express, ...).
3.8 If Alain Ngalani Fitness®'s service cannot be provided, other than acts of God, you can request to cancel at any time by email. Alain Ngalani Fitness®'s refund policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately, we can’t offer you a refund. All requests for a refund should be sent through the contact form.
Cancellation
4.1 You can cancel your membership at any time and no further payments will be taken.
4.2 To cancel your membership, simple email us by using the contact form.
4.3 Refund Policy:
Alain Ngalani Fitness®'s refund policy lasts 30 days. If within this timeframe Alain Ngalani Fitness®'s service cannot be provided, you can request a refund via [email protected]. If 30 days have gone by since your purchase, unfortunately, we can’t offer you a refund.
Miscellaneous
5.1 Please use the site commenting facilities responsibly, in particular, do not post content that includes any offensive, obscene or defamatory acts or statements, illegal activities and/or activities which may cause offence to others on grounds of race, religion, creed or sex. Please also obtain the permission of any clearly identifiable individual that features in your posting.
5.2 You understand that all data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which the content originated. This means that you are entirely responsible for all content that you upload, post or e-mail via our site.
5.3 Under no circumstances will we be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of your use of any content. You agree that you must evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness.
5.4 We do not pre-screen content but we shall have the right (though not the obligation) in our sole discretion to move, modify or remove any content that is available on or via any chat area or our site generally.
5.5 At times, the site may not be available or may be affected by faults or maintenance, or by conditions outside our control. We reserve the right to modify or withdraw content of this site at any time. You must not damage, interfere with or disrupt access to the site or its content, nor do anything that may impair its functionality or interfere with another person’s access to the site or its content. You must not use the site or its content in any way that is unlawful or damaging to us.
5.6 We have not approved or checked any third party sites linked to this site and we are not responsible or liable in any way for their content. Your use of such third party sites will be subject to the terms and conditions of those sites.
IP Rights
6.1 All intellectual property rights in the content of this site belong to Alain Ngalani Fitness® or its licensors. No content should be modified, performed, published, transferred to anyone else or used for any commercial purpose. Except to the extent permitted by applicable law, you must not disassemble, de-compile, reverse engineer or otherwise break or attempt to break encryption protecting content downloaded from this site.
6.2 You grant to us a worldwide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) you upload, post or e-mail and/or to incorporate such content in other works in any form, media or technology now known or developed.
Sanctions
7.1 As soon as we are made aware of activities that breach these rules, prompt action will be taken. If you witness such breaches anywhere else in our site, please notify us via the appropriate channels immediately.
7.2 On being made aware of any such breaches, we may ban, delete or prohibit any content that relates to those breaches or that we judge harmful to individuals or the rights of any of our affiliates, licensors or partners.
7.3 We reserve the right to take whatever action we deem necessary to prevent such breaches including the following:
7.3.1 Breaches we deem minor may result simply in receipt of a warning; or
7.3.2 Breaches we deem serious may result in your automatic ban from our site generally.
7.4 All incidents will be logged and our decision is final in all such cases.
7.5 Any breaches may lead to us reporting your activities to your internet service provider, your employer, relevant authorities, or to legal action being taken against you, or both.
Physical Activity Readiness Questionnaire (PAR-Q)
8.1 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 GP/Doctor) who has given you consent to partake in physical activity.
8.2 You acknowledge and agree that you are responsible for continuously updating your medical consent through regular assessment in the form of a fitness appraisal by a medical expert (independent and unrelated to Alain Ngalani Fitness®), in particular when choosing a new workout video or exercise programme to follow.
8.3 You acknowledge and agree that Alain Ngalani Fitness® and the instructions provided (via written, audio and/or visual) are for general guidance purposes only and should not replace or super-exceed the advice given to you by your own medical expert (e.g. your GP/Doctor). Should you choose to ignore medical advice, you do so at your own risk and Alain Ngalani Fitness® (its employees and freelance instructors) shall hold no liability for damage and/or injury caused.
8.4 If you are planning to become much more physically active than you are now, you agree that points 8.4.1 to 8.4.7 are correct. If you disagree with any point, it is insisted that you seek medical consent before partaking in any physical activity and you agree to do so. If you are between the ages of 15 and 69, the PAR-Q points will tell you if you should check with your doctor before you start. Alain Ngalani Fitness® is not recommended for people under 18 years of age without the supervision of a parent or guardian, who hold sole responsibility and liability and agree to conform to the same mandatory guidance in ensuring physical readiness to partake. If you are over 69 years of age, check with your doctor regardless. Common sense is your best guide when you answer in relation to yourself these points. Please read the following points carefully and answer each one honestly:
8.4.1 Your doctor has never said that you have a heart condition and has never said that you should only do physical activity recommended by a doctor.
8.4.2 You have never felt pain in your chest when you have partaken in physical activity.
8.4.3 In the past month, you have not had chest pain at any time.
8.4.4 You have not lost your balance because of dizziness and you have never lost consciousness.
8.4.5 You do not have a bone or joint problem that could be made worse by a change in your physical activity.
8.4.6 Your doctor is not currently prescribing drugs (for example, water pills) for your blood pressure or heart condition.
8.4.7 You know of no reason why you should not do physical activity.
8.5 As a precaution, regardless of your agreement to points 8.5.1 to 8.4.7, but especially if you disagree, you agree to talk to your doctor by phone or in-person BEFORE you start becoming much more physically active. You agree to tell your doctor about this PAR-Q and the points you disagreed with. You may be able to do any activity you want – as long as you start slowly and build up gradually. Or, you may need to restrict your activities to those which are safe for you. You agree to talk with your doctor about the kinds of activities you wish to participate in and follow his/her advice.
Liability for Contents
9.1 We are providing this site on an as-is basis and make no representations or warranties of any kind with respect to this site or its contents and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on this site. The information contained on this site may contain technical inaccuracies or typographical errors. All our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
9.2 Neither we nor any of our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. Notwithstanding the foregoing, none of the exclusions and limitations are intended to limit any rights you may have as a consumer under English law or other statutory rights which may not be excluded.
Governing Law
These Terms of use are governed by English law and the English courts shall have exclusive jurisdiction.
The brand Alain Ngalani Fitness® brand is owned by:
Alain Ngalani Fitness Limited
1st floor, Tung Ming Building, 40-42 Des Voeux Rd Central, Central, Hong Kong
