Updated: November 30, 2022
These Terms of Use ("Terms") govern your use of the smkya.com website, any related apps or software, and any social media content made available by smkya.com (collectively, the "Platform"), and participation in any of the services provided through the Platform. These Terms are an agreement between smkya.com ("we", "us", or "our") and you.
By downloading or using any of the Platform, you agree that you have read and understand these Terms and you accept and agree to be bound by these Terms. If you disagree with any of the Terms below, we do not grant you the right to use the Platform and you should immediately discontinue all use of the Platform.
Registration
Access to and use of the Platform is restricted to registered users only. Some content on the Platform may require different types of registrations and/or payment of additional fees.
In order to register and use the Platform, you must provide truthful and accurate account information, including but not limited to a username, email address, phone number, billing address, and credit card information. You are responsible for updating your account information as necessary to keep it accurate. Failure to maintain accurate account information could limit your access to the Platform.
Risks of Platform Use
This Platform contains content on personal fitness, wellbeing, and dieting and is not a substitute for direct, personal, professional medical care and diagnosis. None of the meal plans or exercise programs provided on the Platform should be performed or otherwise used without clearance from your physician or health care provider first.
The information provided on the Platform is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on the Platform should be misconstrued to mean otherwise.
Not all exercises shown on the Platform are suitable or appropriate for everyone. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately. You are solely responsible for exercising within your limits and seeking medical advice and attention as appropriate. We are not responsible for any injuries that result from participating in the exercises shown on the Platform.
Children's Use
The Platform is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Platform.
The Platform and Permitted Uses
The Platform provides a variety of videos, how-to guides, written descriptions, charts, and other information on fitness programs and diets (collectively, the "Platform Content").
The Platform can only be used for your own personal purposes. You represent, warrant, and covenant that you will not permit or enable a third party to violate these Terms, make unauthorized commercial use of the Platform, use the Platform for unlawful or harmful purposes, harass others, transmit spam or harmful code, interfere with the Platform, collect user information without authorization, use automated tools to access the Platform, resell or sublicense Platform Content, or otherwise violate any applicable law or regulation.
If you become aware of any unauthorized use of the Platform or Platform Content, you must immediately notify us in writing at smkyalife@gmail.com. Any use of the Platform that is not specifically permitted under these Terms is strictly prohibited and may result, in our sole discretion, in suspension or termination of your account without issuance of a refund.
Subscription Fees, Payment Terms, and Refund Policy
The fees charged for access to the Platform are referred to as Subscription Fees. To access Platform Content, classes, and SMS or communication with coaches, you may be subject to monthly, weekly, or per-consultation Subscription Fees in accordance with a fee schedule made available on the Platform.
You may be required to submit payment in advance to access the Platform. If payment of a Subscription Fee is not successful for any reason, your access to the Platform may be suspended until payment is collected. Since the Platform is delivered in full at the beginning of the subscription period, amounts paid for the Platform under these Terms are generally not refundable.
Payment for the Platform must be made by online bank transfer and/or cash. If payment is made via online bank transfer, please submit proof of transfer. Other forms of payment, including check, wire transfer, or other trade format, will not be accepted as payment. All fees are payable in LKR, Australian dollars, AED, or U.S. dollars.
Subscription periods are monthly unless otherwise stated. Once the initial subscription period has expired, your contract may renew automatically for the same term at the rates then in effect. If you do not wish to continue renewing your contract, you must advise us in writing within 30 days before the end of the initial term of service.
Cancellation Policy
Reminder emails, text messages, and calendar notifications are sent as a courtesy to clients, however the responsibility remains with you to keep a record of future appointments.
To cancel or reschedule an appointment without incurring a charge, we require at least 24 hours notice. Appointments cancelled or rescheduled within 24 hours of the appointment time may be liable to a late cancellation charge, which may be the full fee of the appointment being cancelled or rescheduled. If cancellations are made before 48 hours, we may offer free-of-charge rescheduling options as a courtesy.
Cancellation from the end of SMKYA may provide rescheduling options under special requested terms and at the discretion of the team.
Your Privacy
We are sensitive to the privacy concerns of our users. Our Privacy Policy outlines the types of personal information that you may provide to us while using the Platform and explains how we handle and protect such personal information.
Consent to Physiotherapy Treatment
Medical and therapeutic problems, procedures, and treatments can at times be confusing for patients. Our physiotherapists will not begin any form of objective assessment or treatment unless you have given consent. This may be given verbally, or for some interventions such as injections, written consent may be required.
We make every effort to help you fully understand our diagnosis, recommended procedures, and any treatment involved. We welcome queries on anything you may be uncertain of or if you require more information. We also require that you make us aware of any factors that could affect your treatment or diagnosis.
The Platform and Intellectual Property
The Platform and Platform Content, including all materials, images, text, illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, look and feel, and other elements contained on or otherwise making up the Platform or Platform Content, are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Content solely in accordance with these Terms. You may not copy, adapt, display, distribute, publish, transmit, store, sell, remove, modify, reverse engineer, lease, sublicense, transfer, or otherwise use the Platform or Content except as intended and expressly authorized in writing by us.
Platform Warranties and Disclaimers
We provide the Platform on an "as is" and "as available" basis. You use the Platform at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
We make no representations or warranties that the Platform will be permitted in your jurisdiction, uninterrupted or error-free, meet your personal or professional needs, continue to support any particular feature, or concerning sites and resources outside of the Platform, even if linked to from the Platform.
Indemnity
You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, and agents from and against all claims, damages, losses, and costs that arise from your activities on or associated with your use of the Platform, assert a violation by you of any term of this agreement, or assert that any content you submitted violates any law or infringes any third party right.
Limitation of Liability
We will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages and injuries to the body arising from or in connection with any use of the Platform, even if we have been advised of the possibility of such losses or damages. Our aggregate liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us for use of the Platform.
General Information
These Terms constitute the entire agreement and understanding between you and us and supersede any prior agreements. These Terms and the relationship between you and us will be governed by and construed in accordance with the laws of Sri Lanka, without regard to conflict of laws provisions. You irrevocably agree to submit to the personal and exclusive jurisdiction of the courts in Sri Lanka.
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