The following terms and conditions govern all use of the FitMalta website, mobile applications, and all content, services and products available at or through the website and mobile applications, including, but not limited to, the FitMalta subscription service, (taken together, " FitMalta"). FitMalta is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FitMalta Privacy Policy) and procedures that may be published from time to time on this Site by FitMalta (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using FitMalta. By accessing or using any part of the website or mobile applications, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access FitMalta or use any services. If these terms and conditions are considered an offer by FitMalta, acceptance is expressly limited to these terms.
If you create an account on FitMalta, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with FitMalta . You must immediately notify FitMalta of any unauthorized uses of your account or any other breaches of security. FitMalta will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
When You submit data, images, files, and other material to FitMalta , or otherwise make (or allow any third party to make) material available by means of FitMalta (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content for inclusion in FitMalta, you grant FitMalta a world-wide, royalty-free, and non- exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your Content on FitMalta. (Any Content that you submit with always be handled in accordance with the FitMalta Privacy Policy.) To revoke this license, you may delete your Content from FitMalta at any time. If you delete Content, FitMalta will use reasonable efforts to remove it from FitMalta, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, FitMaltahas the right (though not the obligation) to, in FitMalta's sole discretion (i) refuse or remove any content that, in FitMalta's reasonable opinion, violates any FitMalta policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of FitMalta to any individual or entity for any reason, in Carb Manager's sole discretion. FitMalta will have no obligation to provide a refund of any amounts previously paid.
Paid services are available on PREMIUM member (any such services, a “Subscription”). By selecting a Subscription you agree to pay FitMalta the monthly, multi-month, or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly, multi-month, or annual subscription period as indicated. Subscription fees are not refundable. Subscriptions can be cancelled up to 24 hours before the end of the subscription billing cycle by contacting us (for subscriptions initiated on our web site) or via the iOS or Google Play subscription management settings. Subscriptions that have not been cancelled prior to 24 hours before the end of the subscription billing cycle will automatically renew, and you will be charged for the new subscription billing cycle on a pre-pay basis.
FitMalta has not reviewed, and cannot review, all of the material, including computer software, posted to FitMalta, and cannot therefore be responsible for that material's content, use or effects. By operating FitMalta, FitMalta does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FitMalta may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. FitMalta may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. FitMalta disclaims any responsibility for any harm resulting from the use by visitors of FitMalta, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Carb Manager links, and that link to FitMalta. FitMalta does not have any control over those non- FitMalta websites and webpages, and is not responsible for their contents or their use. By linking to a non- FitMalta website or webpage, FitMalta does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FitMalta disclaims any responsibility for any harm resulting from your use of non- FitMalta websites and webpages.
Copyright Infringement and DMCA Policy. As FitMalta asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FitMalta violates your copyright, you are encouraged to notify FitMalta . FitMalta will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FitMalta will terminate a visitor's access to and use of FitMalta if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FitMalta or others. In the case of such termination, FitMalta will have no obligation to provide a refund of any amounts previously paid to FitMalta.
Intellectual Property. This Agreement does not transfer from FitMalta to you any FitMalta or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FitMalta. The FitMalta logo, and all other trademarks, service marks, graphics and logos used in connection with Karma Clinic are trademarks or registered trademarks of Daniel Petre licensors. Other trademarks, service marks, graphics and logos used in connection with FitMalta may be the trademarks of other third parties. Your use of FitMalta grants you no right or license to reproduce or otherwise use any FitMalta or third-party trademarks.
Karma Clinic may terminate your access to all or any part of FitMalta at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Carb Manager account (if you have one), you may simply discontinue using FitMalta. Notwithstanding the foregoing, if you have a Subscription account, such account can only be terminated by FitMalta if you materially breach this Agreement and fail to cure such breach within thirty (30) days from FitMalta's notice to you thereof; provided that, FitMalta can terminate the account immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
FitMalta is provided “as is”. FitMalta and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FitMalta nor its suppliers and licensors, makes any warranty that FitMalta will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, FitMalta at your own discretion and risk. Information posted on FitMalta may not be accurate or current.
In no event will FitMalta , or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FitMalta under this agreement during the twelve (12) month period prior to the cause of action. FitMalta shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You are responsible for your own health. FitMalta is offered for educational and entertainment purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health provider prior to changing your diet or exercise plan and ask your physician any questions you may have regarding a medical condition. Although we do out absolute best to verify the accuracy of information contained herein, we cannot guarantee its accuracy.
If you have a serious medical condition, including but not limited to pregnancy, diabetes, high blood pressure, cancer or heart disorders, you may not use FitMalta without the prior approval and supervision of your physician or other licensed healthcare provider. If you suffer from anorexia nervosa, bulimia, or other related eating disorders, you are not permitted to use FitMalta. You must be at least 16 years of age to use FitMalta.
You represent and warrant that (i) your use of FitMalta will be in strict accordance with the FitMalta Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of FitMalta will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless FitMalta , its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of FitMalta, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between FitMalta and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FitMalta, or by the posting by FitMaltaof a revised version. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.