GENERAL PROVISION
Use of the online pages and services of www.fitxchange.app as well as the official FXC mobile application (the ‘application’ or the ‘app’) by the user presupposes the unreserved agreement with the following terms of use, which apply to all the content included on our website and the application. Users must therefore read these terms and conditions carefully before utilizing products or services of the website and the application and if not in agreement with such terms and conditions, they should not proceed to use services or follow content. Users are requested to check the content of these terms of use for possible changes. The continued use of www.fitxchange.app or the FXC application, even after any changes, shall imply the user’s unreserved acceptance of these terms.
REGISTRATION THROUGH THE FXC APP
Use of the website www.fitxchange.app and the purchase of any merchandise therefrom is exclusively available to ‘registered users’, ‘active users’ or frequent users (‘high achievers’), being participants to the fitness platform offered through the FXC application which can be downloaded through the apple and google stores free of charge without any associated or hidden costs or other charges. Purchase of our merchandise shall only be effected via the prior distribution and utilisation of secure QR (quick response) codes available with registration through our mobile fitness application. Users are categorised into three categories, (i) registered users (bronze badge award), being registered newcomers to the app with no recent exercise or physical activity background; registered users shall strictly only be entitled to purchase merchandise which is available for purchase by registered users through our online store (as categorised on the website), (ii) active users (silver badge award) who are registered users that have achieved the required physical activity of twelve (12) active sessions over a rolling average period of two (2) months and who shall only be entitled to purchase merchandise which is available for purchase by active users through our online store (as categorised on the website) and (iii) frequent users or high achievers (gold badge award) who are registered users that have achieved the required physical activity of thirty six (36) active sessions over an average rolling period of 365 days and who shall be entitled to purchase merchandise which is available for purchase by frequent users through our online store (as categorised on the website). Non-registered users shall have no entitlement to purchase merchandise through our online store and are required to follow the two-step registration process through the app which consists of the acceptance of the app’s further terms and conditions and the furnishing of name and surname, gender, city of residence and date of birth. Registered users interested in active or frequent status must then connect the application with the health application of their mobile device to enable the transfer of fitness data.
MEDICAL ADVICE FOR USE OF THE FXC APP
Use of the FXC app and all required physical activity related thereto is undertaken at the user’s own risk. The average heart rate populated by the app is based on widely accepted values for achieving mild to moderate aerobic fitness at around 60% of the maximum heart rate and is based on the age of the user irrespective of stipulated gender. Such guidance is nonetheless not intended to replace professional medical advice as to physical workload on a subjective ad hoc basis and new users or users with existing medical conditions are strongly advised to consult their doctor or other medical professional where in doubt, prior to engaging in physical activity for enrolment and entitlement under the FXC fitness platform and the application. We do not recommend or encourage specific diets, doctors, products, processes, opinions or other information. If users to the application and the website choose to rely solely on the information provided through the app whilst disregarding the advice of a doctor, nutritionist, fitness professional or other specialized practitioners, this is done at the user’s own risk and the user shall be held solely and exclusively responsible. As a general rule of thumb, we recommend slow and gradual progression through the use of the app and encourage familiarization with exercise and physical exertion at a steady pace before aiming to reach the target average heart rate. Particular attention should be brought to over-exercising which does not promote better physical well-being nor does it count towards any extra strikes for the purpose of achievement or badge awards under the app, but on the contrary may produce counter-productive results which we do not encourage and recommend against.
GENDER DIVERSITY
Users of the FXC app and the website www.fitxchange.app are categorized exclusively into two gender categories, being ‘male’ and ‘female’ with a third choice of ‘prefer not to say’. The exclusive reference to the male and female gender upon registration is solely intended for commercial marketing purposes without intended recourse to gender or any other form of discrimination. Users opting for ‘male’, ‘female’ or ‘prefer not to say’ do so at their own volition and based on their own personal circumstances but users opting for ‘prefer not to say’ do so whilst recognizing and accepting that the reference to the two specific genders is used at all times solely for commercial reasons and does not in any way attempt to depict or attach any specific gender to the user and in the event that ‘prefer not to say’ is opted for, the Company logo used for commercial marketing purposes shall be that associated with the male gender option.
INTELLECTUAL PROPERTY RIGHTS AND TRADEMARK
All website designs, text, graphics, selections, clothing, apparel, and general merchandise are the property of FITXCHANGE LTD and are protected according to the relevant provisions of Cyprus intellectual property and trademark law, the wider European legal framework and international conventions. With all rights reserved, any text or images bearing the FITXCHANGE OR FXC symbols, pictures or figures are trademarks and/or registered trademarks belonging to FITXCHANGE LTD.
PERSONAL DATA
General
The company FITXCHANGE LTD controls the processing of personal data of each user of the website and the app. For the processing of such data the Company relies on (i) the execution of a binding legal agreement in order for the user to register on the app and subsequently be able to complete their orders through the online store at www.fitxchange.app whereby it is strictly necessary to process personal data for registration and purchases, (ii) the legitimate interests of the company necessary to improve its services (processing of statistical and non-identifiable data) and the detection and prevention of fraud and (iii) user’s explicit consent to the sending of informative/promotional messages and/or material and the analysis of their consumer behaviour (profile) exclusively on the basis of automated processing. FITXCHANGE LTD therefore informs users of the website and the app and such users agree to, consent to and are expressly aware of the following stipulations:
DATA PROCESSING
The Company will process the personal data of users, as disclosed during the creation of the account opening for specific orders through our online store as well as registration and subsequent fitness data collection, including dates, times, geographic location and heart rates through the app. Furthermore, and provided that the user has given further express consent, the processing of personal data for the purpose of sending commercial informative and promotional material and/or for the preparation of the user’s purchase profile and possible improvement of the Company’s customer base and the operation of its online store www.fitxchange.app and its mobile fitness application platform.
As a registered user of the online store: in this case the user has created a user account in our online store and personal data will be kept in the company’s files until deletion is requested by the user. The user may at any time change or correct their data by logging into their account at www.fitxchange.app or the application.
In order to carry out any transaction through our online shop and to place orders for the Company’s merchandise and products, the following personal information shall be requested: (i) full name and surname, (ii) the delivery address of the merchandise and the postal code of the region, (iii) the billing address of the order (if different from the shipping address), (iv) the invoicing details, (v) the mobile and landline telephone number and (vi) the e-mail address of the customer.
In the event that a delivery of merchandise is requested to a third person other than the registered user, the latter acknowledges that they shall be fully responsible for the information and full consent of the person who is designated as the recipient, for the disclosure of that third party’s personal data to the Company for the sole purpose of delivery to such person of the relevant merchandise and assumes full responsibility for any claims of such person against the Company.
Credit card details are not stored by the Company during an online transaction but are directly registered in a secure environment of the third-party provider of the payment service.
Data processing shall be carried out for the purposes of (i) execution of the contract and the completion of the specific order, (ii) communication with the user-customer and the sending of informative messages concerning the stages of the processing of the order, (iii) the provision of clarifications related to the order and generally the information on purchases made, the delivery of the order to the place of choice of the user-customer, the confirmation and identification of the user-customer in any necessary case and the information on the existing stock. The registered user is informed that the provision of the above mandatory personal data as well as the transaction data is necessary and is a prerequisite for the proper execution of the order and delivery of products and services. For this reason, the consent of the user-customer is not required for this specific processing.
Each user-customer who uses the www.fitxchange.app online store is informed that their personal data concerning the receipt, execution and delivery of an order as well as queries regarding purchases, products and services of the Company and orders placed on www.fitxchange.app will be processed for the purpose of serving the user-customer, both by the authorised employees of FITXCHANGE LTD and by third-party recipients and/or processors on behalf of FITXCHANGE LTD in the context of the execution of an order. These third-party recipients are transport companies, individual or group shipment companies, internet and e-commerce service providers and customer service call centres with whom FITXCHANGE LTD cooperates and who are subject to the specific strict conditions of personal data processing agreed with FITXCHANGE LTD as the controller of the data. FITXCHANGE LTD requires its employees, its website maintainers, app managers as well as its third-party partners to take all necessary technical and organizational measures, including appropriate policies and procedures to prevent the disclosure of personal data of registered users-customers and that they process and possess and implement procedures to manage and process personal data in a lawful manner and protect them in accordance with the local data protection legislation.
No other processing or transmission of user-customer data will be carried out by FITXCHANGE LTD and its online store www.fitxchange.app except where prior consent has been expressly obtained or if required by any law or by a competent supervisory or judicial authority. Therefore, in order to send the registered user commercial information and promotional messages from FITXCHANGE LTD, www.fitxchange.app or the fitness app, respectively, the registered user must have previously given their express consent. The purpose of such consent is to send commercial promotional messages of the Company and/or third party partners to the registered user, to provide special offers and discounts of www.fitxchange.app , to offer new or alternative products, or to communicate forms or other documents related or connected to www.fitxchange.app or the fitness app itself. Users are given the possibility to withdraw consent at any time and not to receive such communication by sending an e-mail to the Company (support@fitxchange.app).
FITXCHANGE LTD also informs the registered user/customer that it may process personal data for the conducting of surveys to improve its services to registered users/customers. In the context of this processing the Company may take necessary steps to promote relevant products and services in order to improve the management of its customer base and to promote its products and merchandise. In order to enable registered users/customers to receive personalized offers and updates based on the purchases they have made in the Company’s online store, they must give their consent to the analysis of their consumer behaviour (profiling), based solely on automated processing, and in particular the following data generated by the user-customer’s transactions (i) products purchased on www.fitxchange.app, (ii) frequency of visits to www.fitxchange.app or the mobile application, (iii) demographic data showing registration on the app or (iv) order history on www.fitxchange.app or fitness history on the mobile fitness platform application.
The purpose of this specific processing is to optimize the shopping experience of registered users-customers, to reward them personally, to communicate products and services tailored to the needs of the Company’s customer base, receiving from registered users-customers personalised offers and updates that directly concern them, as well as inviting them to participate, with or without reward, in surveys for the development of our website, the fitness application, for the evaluation of market trends and for the evaluation of products and services on the basis of the purchases they have made.
The registered user-customer is informed that their personal data may be processed by the Company even without their consent in case of fulfilling its obligations under the law, such as when the relevant data are requested by tax and banking authorities in the context of audits or by the competent supervisory and judicial authorities.
Each registered user is informed that they have the right to withdraw consent to the processing of any personal data already provided, by either sending an email to that effect on support@fitxchange.app or from their personal account at www.fitxchange.app. In the event of the exercise of this right of consent withdrawal the Company will take all possible measures to satisfy the request within (1) one month from the date of its submission. In this case, the registered user-customer is informed that the minimum necessary personal data may be kept, in order to safeguard the legitimate interests of the Company.
The data of the registered user-customer will be retained and processed until the registered user-customer requests the deletion of their account or, for the processing of data, which is based on prior express consent, until they declare the withdrawal of such consent. Nevertheless, some necessary personal data concerning order transactions as well as information, consent and withdrawal of the member’s consent to the processing of their data will remain as information for the registered user-customer to ensure the proof of the lawfulness of the processing of data by the Company and the safeguarding of any future legal claims.
Any registered user-customer, as a personal data subject, has the right to submit a query to the Company’s data protection officer over the way their personal data is processed and protected and if they are not satisfied with the response, they shall have the right to complain to the competent supervisory authority.
FITXCHANGE LTD declares that no other use of the personal data of the registered user will be made for any other purpose other than that mentioned in this policy without prior notification and, where required, prior consent.
PURCHASING TRANSACTION SAFETY ONLINE
The Secure Sockets Layer (SSL) protocol is currently the global standard on the Internet for authenticating websites to web users and for encrypting data between web users and web servers. An encrypted SSL communication requires all information sent between a client and a server to be encrypted by the sending software and decrypted by the receiving software, thus protecting personal information in transit. In addition, all information sent using the SSL protocol is protected by a mechanism that automatically verifies whether the data has been changed in transit.
The SSL certificate for www.fitxchange.app has been issued by a reputable service provider.
In addition, personal security is provided by the password of the user when becoming a registered user of www.fitxchange.app . In order to present any personal data, the username and password must first be provided. For this reason, users must keep these details safe to prevent them from falling into the hands of third parties. We also advise users to create passwords using symbols along with alphanumeric characters.
Finally, we remind users that credit card details are not stored by the Company during any purchasing transaction but are directly entered into the secure environment of the third-party provider of the payment service.
All transactions carried out through www.fitxchange.app are governed by International and European law, which regulates issues related to e-commerce as well as by the Consumer Protection Law (Law 2251/1994), which regulates issues related to distance selling.
The online store www.fitxchange.app accepts VISA, Mastercard, AMEX and Maestro credit cards as well as other international payment options. Your transactions in our online store are protected by modern security systems which guarantee a secure transaction environment.
GENERAL INFORMATION ON AVAILABLE MERCHANDISE
FITXCHANGE LTD undertakes to inform customers in a timely manner about the availability or otherwise of its products but does not assume any responsibility for their availability. The Company makes every effort to provide all the information required for each product (colour, size, pricing, etc.), however in order to limit any unintentional errors, we would recommend that before any purchase is completed you contact us in any situation where prices or products are seemingly beyond the usual and reasonable for us to possibly provide further confirmation if deemed necessary.
The prices listed in the relevant catalogues under each product include VAT (currently at 19%), while the Company reserves the right to adjust prices without being obliged to inform the user-consumer.
ORDERING PRODUCTS AND CONSUMER PROTECTION
Orders placed through our online store at www.fitxchange.app constitute distance selling contracts, which are governed by the legislative framework of Law 156(I)/2004 and Amending Law 97(I)2007 as well as the following Laws of the Republic of Cyprus and the Directives of the European Union: The Consumer Rights Law of 2013 (Law 133(I)/2013); The Unfair Business-to-Consumer Commercial Practices Law of 2007 (Law 103(I)/2007); Directive 2011/83/EU (which replaced Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts), and the relevant Cypriot legislation 133(I)/2013. Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market. Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights; Council Directive 93/13/EEC and Directive of the European Parliament and of the Council as amended; and Directive 97/7/EC of the European Parliament and of the Council. The registered user has the right to conclude a valid order through the online store, provided that they are legally competent to act in accordance with the provisions of the Cyprus Law (provided that they have reached the age of eighteen (18) and are not subject to any other form of legal representation for the conclusion of a sales contract). FITXCHANGE LTD reserves the right to claim the return from the supervisor or guardian of any orders placed by legally incompetent persons.
RETURNED ITEMS
Users have the right to return the entire order or part of it without being obliged to inform us of the reason why you may wish to return the products, within 14 calendar days from the date of receipt. In this case you will only be charged the direct cost of returning the products.
To exercise the right of return, users are required to complete and send the special “return form” that users will find in the package received. Users are obliged to send the product in the perfect condition in which it was received, i.e., without the item having been tampered with or damaged. In addition, users must include the retail sales receipt at the same time as the ‘return form’. Returns will only be accepted after approval by the Company.
In case of return of the products and depending on both the way you chose to pay for the order and the way the return will be carried out, a refund will be completed within 8 working days from the date we receive the products. In case the reason for the return is due to a company error, the Company undertakes to send a courier to the address you have specified to receive the order at its own expense. In the event that the consumer wishes to return the order through no fault of the Company, then the shipping costs shall be borne by the consumer. Once we have received the product, we will process your request immediately and inform you by e-mail on how to process it. After the return of the product, and if approved by the Company, the customer will be reimbursed in full.
MISCELLANEOUS
Force majeure: If for reasons of force majeure (e.g. bad weather conditions, strikes, etc.) it is not possible to deliver the products within the predetermined time, we will inform users by e-mail, in order to let us know if you wish, under these circumstances, to complete the order. The Company accepts no responsibility for any situation that is beyond its control and will do everything humanly possible for the best service.
In cases where users have placed an online order and upon receipt you find that a product (or products) is (are) missing from the total order, please contact us so that we can arrange all the details required and send you the products you did not receive at no extra charge.
www.fitxchange.app reserves the right to amend or renew the terms and conditions of transactions. The Company undertakes to update this document for any change or addition to the terms and conditions.
In case of non-receipt of the ordered goods (and if an unreasonably long period of time has elapsed since the order was placed), please contact a representative of FITXCHANGE LTD.
These terms and conditions are governed by Cypriot law and the competent courts of the Republic of Cyprus shall maintain exclusive jurisdiction to hear any disputes.
COOKIES
Cookies are small text files that are stored on your device using any browser whenever you visit a website. We may use cookies to tell us, for example, if you have visited our website in the past or if you are a new visitor and to help us identify features of our website that you may be most interested in. Cookies may improve your online experience by storing your preferences as you visit a particular website.
WEB BEACONS
Web beacons (also known as internet tags or pixel tags) are usually transparent graphic images placed on a web page. Web beacons are used in conjunction with cookies to record the actions of visitors to websites.
IP ADDRESSES AND URL’S
An IP address is a unique identifier that electronic devices use to locate and communicate with each other on the Internet. When you visit our website, we can see the IP address of the device you used to connect to the Internet. We may use this information in order to determine the general geographic location of the device and to understand which geographic areas visitors to our website come from. We may use this information in order to change the way our website is presented to improve your visit. The URL (Uniform Resource Locator) is a unique locator or address for any medium on the internet and is essentially the address of the website you are visiting. We will use this information to see which websites are getting traffic as well as how you navigate our website.
TERMS AS TO COMPANY
The website www.fitxchange.app includes the online store of the company FITXCHANGE LTD. FITXCHANGE LTD is a company incorporated in the Republic of Cyprus with registration number HE433537and is registered for value added tax under registration no. 10433537M. The headquarters of the Company is located at 31 Evagoras Avenue, Level 6 Offices, 1066 Nicosia, Cyprus.