Terms and Conditions
This document sets forth the terms and conditions that govern the use of the service called “Total Fitness” (hereinafter referred to as the “Service” or the “Entertainment Option”) offered by MOOB MEDIA BUSINESS, C.A (the “Provider”), through which users of XXXXXX – (hereinafter the “Operator”) may access from their mobile device, tablet, laptop or PC, dedicated fitness content, where they can enjoy updates, videos, routines and tips from personal trainers.
THE SERVICE: Total Fitness
Total Fitness is an entertainment service that allows the customer to access fitness content via mobile phone, tablet or computer, where they can enjoy updates, videos, routines and tips from personal trainers, under the conditions detailed in these Terms and Conditions.
In this regard, all XXXXX customers who so wish may subscribe by requesting their enrollment in the entertainment option by sending an SMS with the command considered valid for such action to the number XXXX (the cost of the message is equivalent to a standard text message per use).
By sending the word SUBS, or the command communicated for this action, to the number XXXX, the customer will receive an SMS with the link and instructions to access the portal, the service price, billing frequency and a PIN to access the entertainment option. Once logged in, they will be able to enjoy all the content offered by Total Fitness without limits. Data browsing and transmission charges are not included in the service. Users may also subscribe through the XXXXX website, in the digital entertainment options section, by selecting the Total Fitness option, through the service’s own URL Total Fitness or from any other section the operator provides for that purpose.
The Service is provided under a daily renewal subscription model, i.e., on a continuous basis from the activation of the service by the user, until the moment the user wishes to request deactivation of the service. To unsubscribe, the user must send the word UNSUBS to the number XXXX and will receive a confirmation message.
It is an essential requirement for the use of the subscription that the user has SMS and mobile data or WiFi services enabled, a compatible and properly configured mobile phone. Users must check these aspects prior to requesting the service.
Total Fitness will send from the number XXXX a text message with the access information to the portal and the price at least once a month. In addition, Total Fitness will send users text messages with relevant information during periods when sweepstakes, awards and/or activities of interest to the segment are held.
Use of the Service will be subject to acceptance and compliance with these Terms and Conditions, effective from the moment the customer subscribes to the service. Also applicable will be any particular conditions, notices or operating instructions made known to the user through the XXXXX website or by the Provider, in relation to the Service.
Scope of the Service
The Service is available throughout Spain, for any natural person capable of contracting, whose mobile phone line is active at the time of requesting SUBS to it.
The content will be available for the user to view from the moment they successfully complete their enrollment. The content may be viewed from any compatible device, requiring mobile data or a WiFi connection.
Any User who subscribes to the service and completes the necessary authentication steps declares and warrants full compliance with these Terms and Conditions.
Conditions of Use. Intellectual Property
Users agree to use the Service and the content accessed as a result of the Subscription lawfully, in accordance with applicable law and these Terms and Conditions. Users must respect the aforementioned rules, with special emphasis on intellectual and industrial property rights, and refrain from using the Service for illegal purposes or in a way that infringes or violates the rights of third parties or the Provider. Users shall be solely responsible for any damage or harm of any kind that may result from the incorrect, illegitimate or unlawful use of the Service.
The Provider is the sole owner of the content, and/or has received a usage license from the respective content owners. All content that makes up the Subscription is protected by copyright under current regulations. The content may be used by Users only to the extent permitted by these Terms and Conditions and applicable law.
Unless expressly stated otherwise, content may not be downloaded to users’ devices.
Liability
The responsibility and obligation to pay for the sending or receiving of text messages related to the Subscription shall lie with the holder of the mobile number used for this purpose, and cannot be contested due to loss, theft, misplacement or malfunction of said mobile device, except in cases where prior notice is given before any sending or receiving of such messages, made to the Operator through its customer service centers.
The Provider and the Operator shall not be held liable for any damage or harm caused or that may be caused to Users or third parties, in their persons or property, by contracting or using the Service. Nor shall they be liable in case of dissatisfaction with the content of the service. In such cases, users will be free to unsubscribe by sending the word UNSUBS to the number XXXX.
The Provider is not responsible for Subscriptions that do not contain the required information or that contain erroneous data, nor for text messages that do not include the keywords established for access to the Service. It shall also not be responsible for requests or submissions not accepted by the Provider’s technological platform, nor for delays in the display of content, text messages or any other sending related to the Subscription, for any reason not attributable to the Provider, including but not limited to network connectivity failures, excessive or saturated network traffic, and/or any mobile phone features that prevent the transmission of such submissions or requests.
The Provider reserves the right to make, without prior notice, any type of modification to the Subscription mechanics, with the sole requirement of communicating any relevant changes on the website and other media.
Jurisdiction
Any relationship that arises between Users and the Provider by virtue of this Service shall be governed and executed in full compliance with the laws of Spain, with Users waiving any other law that may apply.
These Terms and Conditions are governed by the law of Spain. For any dispute that may arise from the provision of the Services or the interpretation and application of the Terms and Conditions, the Provider and the Users agree to submit to the competent courts of Spain, expressly waiving any other jurisdiction that may apply to them.