Terms and Conditions

This Agreement was last revised on March 11th, 2021

www.ndigomoves.com (“website”) owned and managed by NDIGO MOVES (“we,” “us,” or “our”) welcomes you.  

We offer you access to our services through our “Website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.  By accessing and using this Website, you acknowledge that you have read, understood, and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website. 

PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING THE WEBSITE.

 

 

DEFINITIONS

  • “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 

  • “Class”, “Classes” refers to the online Classes offered through our website; 

  • “Service” or “Services” is a reference to any service defined below, which we may supply and which you may request via our Website;

  • “User”, “You” and “your” refers to the person who is accessing for taking any service from us;

  • “Member” or “Client” shall mean the user who makes the payment for the services offered by us through our website;

  • “We”, “us”, “our” are references to NDIGO MOVES;

  • ”Website” shall mean and include "https://www.ndigomoves.com, and any successor Website or any of our affiliates;

  • “Member Account” shall mean an electronic account opened for the Student for availing various services offered on the website. 

INTERPRETATION
  • All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".

  • Words importing any gender shall include all the other genders.

  • Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.

  • All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

COMMITMENT AND SCOPE
  • Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service.

 

  • Eligibility: Our Service of the Website is not available to minors under the age of 18, if you are under the age of 18 then please take acceptance from your parents/guardians for using our website and services. Our services are not available to any users suspended or removed from the system by us for any reason. 

 

  • Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

OUR SERVICES

At ndigomoves.com, we offer you a meticulously designed website where we provide the live studio experience right in your home. Book an online class and get instant feedback from a real instructor. Our highly motivated instructors have a wealth of experience teaching various styles and disciplines. We love bringing people together and helping them become fitter, stronger and better movers. 

MODIFICATIONS TO THE SERVICE 

We reserve the right, at our discretion, to change, modify, to add, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to our Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

 

ACCOUNT

 

If you access this Website anonymously, you will not be required to create a user name. But, to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account. You agree that the information you provide in connection to establishing an account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

 

PROCESS

 

On ndigomoves.com, the classes will be delivered live online. You will have the opportunity to ask questions during the class with the live chat/form. Delivery of the services is exclusively online through Zoom. The valid Zoom link will be provided before the start of each course. Any new link(s) will be provided via the registered email.

 

If you do not attend the class during the period, we are not responsible for giving you access to the class once the time frame has expired.

If technical problems are on our part, you will receive an email telling you about the rescheduling of the live class and/or later access to the recording for a specified period.

 

If you have questions or issues about how to use the online class platform do not hesitate to contact our team at support@ndigomoves.com.

 

 

USER SUBMISSION

Content Responsibility. 

 

The website permits you to post comments, feedback, etc. (“content”) but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

 

Please do not use content that:

  • contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;

  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;

  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;

  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;

  • violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation, or ordinance;

  • uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files;

  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects;

Any such submitted content that includes will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

PAYMENT
  • All the payments for any service available on the website shall be governed by our terms and conditions.

  • While providing your details you must be careful and warrant that the information provided is true and accurate.

Payment mode shall be: Online through Credit Cards or with other payment methods as is made available through our payment gateway partner Stripe . 

The preferred method of payment is Credit card. Credit cards are accepted via Stripe merchant services. Accepted cards are: Visa / MasterCard cards are accepted if they have a Visa or MasterCard logo.

  • We may ask you to supply additional information relevant to your Transaction, including your credit card number (or other payment information), the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). 

  • You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. 

  • When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). 

  • You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). 

  • After your purchase, you will receive a welcome email with your username and password to enter your account (it is only in your first purchase). With your account, you will be able to manage and buy all the courses included in our platform.

  • The refund shall be allowed as per our refund policy. 

  • We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.

  • We take customer feedback very seriously and use it to constantly improve our products and quality of service.

 

TRIAL PERIOD

We offer a free trial class where the user may try out an online class without being charged. The user shall be required to register with the website for using our service. 

 

Note: We reserve the right to any changes in the refund policy. Any changes will be updated on our website.

LIMITED GUARANTEE

By availing of our services:

  • We provide an opportunity for you to avail of the offered Services from our Website;

  • We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action.

GEOGRAPHIC RESTRICTION

We reserve the right to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our Website is invalid where banned.

 

ONLINE CLASSES GUIDELINES

  • The Class should be completed on time, no extension will be given.

  • For a better Class experience, please watch on a laptop or desktop device and use headphones.

  • You should not misuse the videos or upload the videos or content on any other platform. This may lead to legal action.

GENERAL CONDITIONS
  • We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.

  • We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.

  • The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.

  • The client must apply the coupons, discounts, or other types of credits at the time of purchasing the course. No coupons or discounts are applied to the product afterward.

  • By placing an order the client/parent confirms they are of legal age when booking and the student has no health-related issues. If in doubt they should check with a qualified medical doctor.

  • No payment made for a live online course is transferable. The client must be sure of being able to attend the workshop live or failing that and by his/her own decision, have the time and the necessary equipment to access the class in the period described in the course description.

NO ADVISORY 

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available through our service or Website (including information provided in direct response to your questions or postings) may be provided for general and informational purpose. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. 

If you rely on any of the Information provided by the Site, you do so solely at your own risk. The Information that you obtain or receive from us and our affiliates or otherwise on the Website are for informational and scheduling purposes only. These terms and conditions can be accessed at www.ndigomoves.com. Your use of Information provided on the Website is solely at your own risk.

 

HEALTH DISCLAIMER

  • You must not rely on the information on this Website as an alternative to medical advice from your doctor or other professional healthcare providers. 

  • If you think you may be suffering from any medical condition, you should seek immediate medical attention.

  • You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on/through this Website.

  • If you are under medical care, pregnant, or have any health problems you may talk to your doctor before using our website or availing our services.

  • Ndigo Moves and its affiliates accepts no responsibility or liability for any adverse   consequences resulting directly or indirectly from the use of the www.ndigomoves.com website and its services.​

 
YOUR COMMITMENT AND RESPONSIBILITIES
  • You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;

  • You shall not systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • You shall not use or access the Website for collecting any market research for some competing business;

  • You shall not misrepresent or personate any person or entity for any false or illegal purpose;

  • You shall not use the Site to advertise or offer to sell goods and services.

  • You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;

  • You shall not make improper use of our support services or submit false reports of abuse or misconduct.

  • You shall not sell or otherwise transfer your profile.

  • You shall not use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • You will not use any device, scraper, or any automated thing to access the Website for any purpose without taking permission from us. 

  • You will inform us about anything that is inappropriate or  you can inform us if you find something illegal on the website; 

  • You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;

  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;   

  • You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and

  • You will let us know about unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

  • Users must not impersonate any other person or entity or use a false name or a name that they have no authority to use.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

 

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.ndigomoves.com Website including loss of data or information or any kind of financial or physical loss or damage. In no event shall NDIGO MOVES, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.

 

NO RESPONSIBILITY

We are not responsible to you for : 

  • any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or

  • any losses you suffer because you cannot use our website at any time; or

  • any errors in or omissions from our website; or

  • any losses you may suffer by relying on any commentary, postings, or reviews (of our services or that of our partners) on our website; or

  • any unauthorized access or loss of personal information that is beyond our control. 

THIRD-PARTY LINKS

 

We may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate with the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

 

PERSONAL INFORMATION AND PRIVACY POLICY

 

By accessing or using the Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS

 

Every effort has been taken to ensure that the information offered on our Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and no warranty shall be provided by us for its suitability for any purpose.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

OUR WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

 

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, CLASS OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

 

COPYRIGHT AND TRADEMARK

We have provided certain materials such as graphics, logo, photo, designs audio recording, text, software, etc. (collectively referred to as “Content”). The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You shall not modify or transfer any copyrighted content in any way for any public or commercial purpose. 

If you violate any provision of this Agreement, your rights to access or use the website shall be terminated and you must with immediate effect destroy the copies you have created from the content.

 

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.   

INDEMNIFICATION

You agree to secure, indemnify, and hold us and our officers, directors, employees,

successors, licensees, and allocates harmless from and against any dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this Agreement or your misappropriation of the Content or the Website.  We shall provide you notice of such a claim, suit, or proceeding at your expense.  We reserve the right, at your expense, to undertake the exclusive defense and control of any case that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

MISCELLANEOUS

 

SEVERABILITY

If any provision of these Terms is found to be unenforceable or unacceptable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

 

TERMINATION

 

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

 

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

 

ENTIRE AGREEMENT

 

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

GOVERNING LAW AND JUDICIAL RECLASS

 

The terms herein will be governed by and construed under the laws of Belgium without giving effect to any principles of conflicts of law. The Courts of Belgium shall have exclusive jurisdiction over any dispute arising from the use of the Website.

 

FORCE MAJEURE    

 

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

 

ASSIGNMENT

 

We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

 

CONTACT INFORMATION

 

If you have questions or issues about how to use the Recorded Classes platform do not hesitate to contact our team at support@ndigomoves.com.