Your Use Of The Website
Governing Law And Jurisdiction
The Website (excluding linked websites, if any) is administered and controlled by shiftshopfitness and its affiliates, subsidiaries, officers, directors, employees or agents, and their respective heirs, successors or assigns, from its offices in the accordance with the laws of Mauritius. You agree that this Agreement and use of the Website will be governed by and construed in accordance with Mauritius law, without giving effect to any principles of conflicts of laws. You have accessed the Website and/or its associated services at your own risk, and remain responsible for complying with the laws of the jurisdiction within which you are located. You agree that all disputes, controversies or claims arising out of or in connection with the Website shall be submitted to and be subject to the jurisdiction of Mauritius. You also agree and hereby submit to the exclusive jurisdiction Mauritius to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Website and you do so voluntarily. As set out in greater detail below (see “Consequences”), Mauritius is the jurisdiction for any such suit, action or proceeding arising out of or in connection with the Website or this Agreement, such arbitration will be conducted in accordance with Mauritius Aribitration laws.
Local Laws, Import And Export Control
It is important to note that not all of the products, services and Content associated with the Website are available in all jurisdictions.
For example, the Food and Drug Administration (“FDA”) has taken the position that virtually all shipments of medications imported from a Pharmacy by a United States customer will violate United States law. By placing an order for medications or services, you represent to shiftshopfitness and the Pharmacy, and you shall be responsible to ensure, that the sale, delivery and shipment of the medications will not violate any import, export or other law or regulation in your home jurisdiction. The Content does not constitute an offer or solicitation to buy or sell any medication, service or information to anyone in any jurisdiction in which an offer or solicitation is not authorized or cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation.
The terms and conditions applicable to any medication, service or information will be those determined at the time of providing the product, service or information. Please be aware of the laws of your jurisdiction or that otherwise apply to you in relation to any of the matters described in this Agreement. If you choose to access the Website from outside of Mauritius, you do so on your own initiative and you are responsible for compliance with applicable laws. You may not use or export or re-export the Content or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations of Mauritius in force from time to time.
The Website and its associated services are intended as a business and commercial entity, and are therefore not intended for use by persons under the age of majority in the jurisdiction in which they reside. The material on the Website is owned and licensed by shiftshopfitness and is intended to be viewed by users in jurisdictions where the Content or the services offered would not violate any law or regulation.
Not Offering Advice
The content of the Website is for informational purposes only. It is not intended to provide specific medical or non-medical advice, and should not be relied upon in that regard. You should not act or rely on the content of the Website without seeking the advice of Your Own Physician and/or other health care professional, if necessary.
YOU SHOULD NOT USE THE CONTENT OF THE WEBSITE FOR DIAGNOSING, TREATING, CURING OR PREVENTING A HEALTH PROBLEM OR PRESCRIBING A PRODUCT. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCT OR IN THE PRODUCT PACKAGING BEFORE USING ANY OF THE PRODUCT. ALWAYS CONSULT YOUR OWN PHYSICIAN AND/OR HEALTH CARE PROFESSIONAL FOR ADVICE AND TREATMENT.
Trademarks And Other Intellectual Property Rights
“shiftshopfitness.com” is a registered trademark of Asclepius Universal Ltd., operating as shiftshopfitness.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Website is owned, controlled or licensed by or to shiftshopfitness and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in this Agreement, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without shiftshopfitness’s express prior written consent.
You hereby agree to indemnify and hold shiftshopfitness and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Content and/or the Website, or any content you submit, post, or transmit through the Website, your use of the Website, your connection to the Website, your violation of this Agreement, or your violation of any rights of another third party.
Any unprotected e-mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail, etc.), not confidential, subject to possible interception or loss, and/or to possible alteration. As a result, do not send anything that you deem to be confidential. shiftshopfitness is not responsible for and will not be liable to you or anyone else for any damages in connection with an e-mail sent by you to shiftshopfitness or an e-mail sent by shiftshopfitness to you at your request.
Links from or to websites outside the Website are meant for convenience only. shiftshopfitness does not review, endorse, approve or control, and is not responsible for any websites linked from or to the Website, the content of those websites, the third parties named therein, or their products or services. Linking to any other website is at your sole risk and shiftshopfitness will not be responsible or liable for any damages in connection therewith. shiftshopfitness disclaims all warranties, express and/or implied as to the accuracy, validity and legality of any materials or information found on those websites. Links to downloadable software sites are for convenience only and shiftshopfitness is not responsible or liable for any difficulties or consequences associated with downloading such software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
Reviewing the Website server logs and our customers’ use of the Website helps us to statistically monitor how many people are using the Website and for what purpose. Only authorized shiftshopfitness personnel and agents have access to the Website server logs, cookie utilization data, and purchase history information collected by shiftshopfitness. These employees are held to strict confidentiality, security policies and procedures.
Availability Of The Website
The Website is generally available to users twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year. However, shiftshopfitness retains the right to make the Website unavailable at any time, for any reason, and for any length of time. By using the Website you agree that shiftshopfitness will not be liable for any damage arising out of or related to any such interruption, suspension, or termination of the Website and/or the services or products contained therein. Upon acceptance of the terms of this Agreement, shiftshopfitness authorizes you to view the Content and the Website solely for your personal use. The material on the Website is intended solely for individuals enquiring about the products or services offered by the Pharmacy. If you are not accessing the Website for such purposes, you may not use the Website. For certainty, use by non-customers or non-potential customers, or the agents, attorneys and/or representatives of non-customers or non-potential customers is strictly prohibited.
Information You Provide shiftshopfitness.com
Your Agreement To Abide By All Applicable Laws
By using the Website you agree to comply with any and all local, provincial, state, federal, or international laws, statutes, and regulations that relate in any manner to the use of the Website and the associated services or products contained thereon.
Relationship Between shiftshopfitness And Users
shiftshopfitness and users of the Website are independent contractors, and no agency, partnership, employment or other relationship is created or is intended to be created by use of the Website.
International Orders; Prices; Payment Terms; Interest
The prices for the products and services on the Website are quoted, for convenience, in United States dollars, and may be quoted in Canadian dollars or other currencies as set forth on the Website as at the time of acceptance of an order by the Pharmacy. Prices for products may be subject to change without notice. Credit terms are within the Pharmacy’s sole discretion, and unless otherwise specified in the invoice, payment must be received prior to the PharmacyÃ¢â‚¬s acceptance of an order.
shiftshopfitness reserves the right to suspend or terminate your account if you violate this Agreement. If your violation causes harm to others, you agree to indemnify and hold shiftshopfitness harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding this Agreement or your use of the Website, it shall be resolved through good faith negotiations between the parties.
If such good faith negotiations prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration in Mauritius, but heard pursuant to the law and regulations of the Province of Manitoba. More specifically, although Mauritius will be the venue for the arbitration, it shall be conducted in accordance with The Arbitration Act (Manitoba), C.C.S.M. c. A120, as amended. The arbitration award shall be final and binding, and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all attorney fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration.
This Agreement, and any terms incorporated or referred to herein, constitute the entire agreement between shiftshopfitness and you relating to your use of the Website and the subject matter therein, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by shiftshopfitness making such amendments or modifications in accordance with this Agreement.
If any part of this Agreement is deemed or determined to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of this Agreement, including any revised portion, shall remain and be in full force and effect.