1. INTRODUCTION
1.1. These General Terms and Conditions (the “Agreement”) govern
the entire relationship between you as the Client and the Company.
1.2. Before the Distance Contract is concluded, the Client will be
provided with the text of this Agreement electronically or in
another durable format. If this is not reasonably possible, the
Company will indicate, before the Distance Contract is concluded,
in what way this Agreement is available for the Client's review at
the Company's premises and that it will be sent free of charge to
the Client upon request.
1.3. THE CLIENT IS OBLIGED TO CAREFULLY READ THIS AGREEMENT BEFORE
ACCEPTING IT AND USING THE SERVICES OF THE COMPANY. THE CLIENT
AGREES THAT HIS/HER USE OF THE SERVICES ACKNOWLEDGES THAT THE
CLIENT HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREES TO BE
BOUND BY IT.
1.4. This Agreement contains a mandatory arbitration provision
that, as further set forth in Section 17 below, requires the use
of arbitration on an individual basis to resolve disputes, rather
than jury trials or any other court proceedings, or class actions
of any kind.
2. DEFINITIONS
2.1. Unless this Agreement provides otherwise, the following terms
when capitalized shall have the following meanings:
(a) Agreement shall mean the agreement for providing Services
concluded online by the Company and the Client.
(b) Client shall mean the user of the Company’s Services as
explained in this Agreement.
(c) Company shall mean PerfectBody, responsible for providing the
Services and handling Client's inquiries, including refunds,
chargebacks, and customer support for the Services provided via
the Website.
(d) Offer shall mean the offer to enter into this Agreement for
Services provided by the Company to the Client through the
Website.
(e) Privacy Policy shall mean the privacy policy of the Company
published on the Website.
(f) Services shall mean digital content provided by the Company to
the Client, including weight loss programs, fitness plans, and
related information available through the Website.
(g) Digital Content shall mean individual digital meal plans,
weight loss guides, workout programs, and/or other digital content
sold online by the Company.
(h) Distance Contract shall mean a contract concluded between the
Company and the Client within the framework of the system
organized for the distance sale of Digital Content.
(i) Website shall mean the website of the Company available at
PerfectBody.co
3. SUBMISSION OF THE OFFER
3.1. The Company will provide the Client with the possibility of
receiving an Offer.
3.2. The Client will be asked to provide certain information
before receiving the Offer by choosing provided options or typing
requested details. The Client is obliged to provide current,
correct, and comprehensive information.
3.3. Upon submission of the requested information, the Client will
be provided with the Offer, including details on:
3.3.1. Payment amount for the relevant Services.
3.3.2. Payment options: via credit card or other allowable payment
forms.
3.3.3. Other information the Company finds important.
3.4. ACCEPTING THE OFFER
3.4.1. The Client accepts the Offer once he/she ticks the box “I
agree with the Terms & Conditions” and presses the button “Submit
Secure Payment”.
4. DISTANCE CONTRACT
4.1. The Distance Contract will be concluded at the moment when
the Client accepts the Offer as indicated in Section 3.4.1.
4.2. As the Client accepts the Offer electronically, the Company
will confirm receipt of acceptance electronically. If the Client
purchases Digital Content, it will be provided to the Client's
email address.
4.3. IN CASE THE AGREEMENT CONSISTS OF DIGITAL CONTENT WHICH IS
NOT SUPPLIED ON A TANGIBLE MEDIUM, THE CLIENT AGREES TO LOSE
HIS/HER RIGHT OF WITHDRAWAL OF THE AGREEMENT.
4.4. The Company makes reasonable efforts to ensure that Services
operate as intended, but does not guarantee uninterrupted,
error-free access.
4.5. From time to time, the Company may update, modify, or
discontinue the Services without prior notice. Such changes are at
the Company's sole discretion.
4.6. The Client furthermore agrees that:
4.6.1. He/she shall not access Services if under the age of 18.
4.6.2. The Client accepts full responsibility for any unauthorized
use of the Services by minors.
5. PAYMENTS
5.1. The price for Services will not increase during the period of
validity indicated in the Offer, except for VAT changes.
5.2. The Client agrees to:
5.2.1. Pay all additional costs, fees, and applicable taxes.
5.2.2. Use a valid credit card or other approved payment method.
5.2.3. Provide accurate payment information. Failure to do so may
result in suspension of the Services.
5.3. Payments are processed by third-party payment service
providers. The Company is not liable for payment disputes arising
from third-party services.
5.4. Prices are in US Dollars (USD) unless otherwise specified.
5.5. AUTOMATIC RENEWAL: Unless canceled, subscriptions will be
automatically renewed and charged using the Client's payment
method.
5.5.1. If the Client does not wish for the service to auto-renew,
cancellation must be made at least 48 hours before the renewal
date.
6. REFUND POLICY
6.1. The Company follows a no refund policy unless the Digital
Content is proven to be faulty.
6.1.1. Refund requests must be submitted within 14 days of
purchase with valid proof.
6.1.2. Approved refunds will be applied to the original payment
method within 14 business days.
6.1.3. By purchasing Services, the Client agrees to this refund
policy.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All intellectual property rights related to Services and
Digital Content are owned by the Company.
7.2. The Client may not reproduce, distribute, or publicly display
Digital Content without prior consent.
8. USE OF DIGITAL CONTENT
8.1. Digital Content is licensed for personal use only and not for
resale or redistribution.
8.2. The license for Digital Content is valid for 5 years from the
date of purchase.
8.3. The Client must not edit, reproduce, or distribute Digital
Content beyond personal use.
9. Sale of Digital Content Prohibited
9.1 The Client is prohibited from selling, offering for sale,
sharing, renting out, or lending Digital content, or copies of
Digital content.
10. Privacy Policy
10.1 The processing of the Client’s personal data is governed by
the Privacy Policy. It is recommended for the Client to print and
keep a copy of the Privacy Policy together with this Agreement.
11. Indemnity
11.1 The Client will indemnify and hold the Company, its
affiliates, officers, directors, employees, agents, legal
representatives, licensors, subsidiaries, joint ventures, and
suppliers, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
the Client’s breach of this Agreement or use of the Services, or
the Client’s violation of any law or the rights of a third party
in conjunction with the Client’s breach of this Agreement or use
of the Services.
12. Liability
12.1 INFORMATION MAY NOT BE APPROPRIATE OR SATISFACTORY FOR THE
CLIENT’S USE, AND HE/SHE SHOULD VERIFY ALL INFORMATION BEFORE
RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED
ON THE WEBSITE OR MOBILE APP, INCLUDING INFORMATION RECEIVED
THROUGH THE CLIENT’S USE OF THE SERVICES, ARE HIS/HER SOLE
RESPONSIBILITY.
12.2 THE CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY
SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY DAMAGES, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA
OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER
LOSSES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (i) THE USE OR
INABILITY TO USE SERVICES, (ii) ANY LINK PROVIDED IN CONNECTION
WITH THE SERVICES, (iii) THE MATERIALS OR INFORMATION CONTAINED AT
ANY OR ALL SUCH LINKED WEBSITES OR MOBILE APP, (iv) CLIENT’S
RELIANCE ON ANY OF THE SERVICES; (v) THE INTERRUPTION, SUSPENSION,
TERMINATION OF THE SERVICES OR ANY PORTION THEREOF, (vi) THE
TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO POST OR STORE ANY
INFORMATION, OR (vii) ANY MATTER OTHERWISE RELATED TO THE CLIENT’S
USE OF THE SERVICES. IN NO EVENT SHALL THE COMPANY’S AGGREGATE
LIABILITY TO THE CLIENT RELATING TO HIS/HER USE OF THE SERVICES
EXCEED ONE HUNDRED DOLLARS ($100).
12.3 A party to the Agreement shall be released from
responsibility for non-fulfillment if it proves that this
Agreement was not fulfilled due to force majeure. In particular,
the Company shall not be liable for any losses caused by force
majeure, riot, war, or natural events or due to other occurrences
for which the Company is not responsible (e.g., strike, lock-out,
traffic hold-ups, administrative acts of domestic or foreign high
authorities). The Client must provide written notification of the
occurrence of force majeure, which prevents the fulfillment of
this Agreement, within 30 calendar days from the date of the
occurrence of these circumstances. The Company shall inform the
Client about the occurrence of force majeure by e-mail or on the
Website or Mobile app if possible.
12.4 Pagina Atual LTDA is an administrator of the Website or
Mobile App and provider of the Services, responsible for managing
subscription services and payments for Services, refunds, and
chargebacks. THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT
LOSSES, UNLESS OTHERWISE PROVIDED UNDER THE APPLICABLE LAWS.
12.5 Due to the nature of Services that the Company provides and
as the Company cannot control the Client’s adherence to the
provided use instructions, the Company provides no warranty as to
any results or outcomes coming from using Services.
12.6 When using Services, the Client may receive links to other
websites or mobile apps that are not owned and/or controlled by
the Company. These are provided “as is.” The Client acknowledges
and agrees that the Company is not responsible for the operation
of such links. Furthermore, the Company is not responsible or
liable for any content, advertising, products, or other materials
that may be accessed through such links and therefore the Client
agrees that the Company shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use or reliance on any such
content, services available on or through any such websites or
mobile apps.
13. Refund Policy
13.1 All purchases are final. The Company does not offer refunds
or credits for unused or partially used services, unless required
by applicable law.
13.2 If a refund is mandated by law, the Client must submit a
written request to the Company, including all relevant transaction
details. The Company will process the refund within a reasonable
time frame, as required by law.
13.3 Chargebacks initiated by the Client without prior
communication with the Company may result in immediate termination
of access to the Services and the Company reserves the right to
dispute such chargebacks.
13.4 In case of a technical failure or error in the provision of
the Services, the Company will assess and determine the
appropriate course of action, which may include a refund or
service credit at its sole discretion.
