TERMS AND CONDITIONS
Welcome to our Application (BE), BE is a human performance digital platform that provides data analysis solutions for enhancing/boosting users readiness, building mental readiness, and improving mind/body integration. This Application is published by and on the behalf of BE LLC, a company registered in Jordan, under registration No. (200184127), with its office registered in Amman, Jordan. (“Company”)
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and obligations. By accessing and/or using the BE platform, the BE Mobile Application, you hereby agree to comply with and be bound by these Terms and Conditions.
INTRODUCTION
These Terms and Conditions (“Terms” or “Terms and Conditions”) shall govern your use of the Mobile Application, as well as your purchase of services from the Mobile Application including all pages within the Mobile Application before you place your order. These Terms apply in full force and effect to your use of the Mobile Application. You expressly accept all Terms and Conditions contained herein in full. You must not use this Mobile Application, if you have any objection to any of these Terms and Conditions.
We look forward to providing you with the best experience
AGE RESTRICTINS
You must be at least 18 years old and able to enter into legally binding contracts to access and use≈the Mobile Application or register an Account. Minors under the age of 18 are also Target Audience and should use this Mobile Application only with the supervision of an adult. Payment information must be provided by or with the permission of an adult, however, the Mobile Application reserves the right to only accept orders from and/or create accounts for those over 18.
By accessing or using the Mobile Application, you warrant that you are 18 or older and have the legal capacity and authority to enter into a contract, and if you are under the age of 18, you affirm that you have obtained the consent of your parents or legal guardians to access the use of Mobile Application. Minors under the age of 13 are prohibited from registering as a user of this Mobile Application and are not allowed to transact or use the Mobile Application.
Minors under the age of 18 should use this Mobile Application only with the supervision of an adult, and through the their legal guardian’s account only. Payment information must be provided by or with the permission of an adult.
As the Mobile Application is designed to also target under 18 children, the Mobile Application will comply with the Google Play’s Families Policy requirement and Apple Guidelines.
INTELLECTUAL PROPERT
All Content included in the Mobile Application including, but not limited to, icons, logos, text, graphics, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of BE Company, our affiliates or other relevant third parties. BE Company and/or its licensors own all intellectual property rights whether or not said rights are registered with specific authorities. By continuing to use the Mobile Application you acknowledge that such material is protected by applicable Hashemite Kingdom of Jordan and International intellectual property and other applicable laws and regulations.
Your use of the Mobile Application and its contents grants you no right to reproduce, copy, distribute, store, sell, sublicense, commercialize any Mobile Application material, publicly perform, use, damage to this Mobile Application, or in any other fashion re-use material from the Mobile Application, or engage in any data mining, data harvesting, data extracting or any activity in relation to this Mobile Application, or while using this Mobile Application, unless otherwise indicated on the Mobile Application or unless given express written permission to do so by BE Company or the relevant supplier or manufacturer.
LINKS TO OTHER WEBSITES
This Mobile Application may contain links to other sites. Unless expressly stated, these sites are not under the control of BE Company or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Mobile Application shall not imply any endorsement of the sites themselves or of those in control of them.
CONTENT AND ADVERTISERS
The content in the Mobile Application that could be seen by children is appropriate for them.
We may allow advertisers to display advertisements as well as other insights in specific areas of the Application, such as sidebar ads or banner ads. Advertisers shall take full responsibility for any advertisement placed on the Application and any services or products provided through those advertisements. Furthermore, as an advertiser, you warrant and acknowledge that you have all sufficient rights and authority to place advertisements on the Application, including but not limited to intellectual property rights, publicity rights, and contractual rights. Your advertisements shall comply with Google Play’s Families Self-Certified ads SDK Program and complies with all applicable laws and regulations relating to children, such as the US Children's Online Privacy Protection Act COPPA, and the EU General Data Protection Regulation GDPR displaying ads that are appropriate for children, whenever the Mobile Application is being used by a child. And as an advertiser, you agree that there will be no refund or other compensation for any takedown due to a breach of terms. We provide the space to place such advertisements, and we have no other relationship with advertisers.
USE OF COMMUNICATIONS FACILITIES
When using the Contact form or any other online communications infrastructure, including but not limited to, web-based email and message boards on the Mobile Application now or in the future you should do so and accept the following rules: You shall not use obscene or vulgar language, or even submit any content that is intended to promote or incite violence. You shall not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.
· The means by which you identify yourself shall not violate these Terms and Conditions or any applicable laws.
You shall not impersonate other people, particularly employees and representatives of our affiliates and/or suppliers.
ACCOUNTS
To use the Mobile Application and get the best benefits you will need to create an account, which will contain certain personal details and Payment Information that may vary based upon your use of the Mobile Application, as we may not require payment information until you wish to make a transaction. By continuing to use this Mobile Application you represent and warrant that:
· All information you submit is accurate and truthful.
· You have permission to submit Payment Information to the Third Party (payment gateway) service provider where permission may be required; and
· You will keep this information accurate and up-to-date.
Your creation of an Account is a further affirmation of your representation and warranty. It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your Internet browser or on a mobile phone.
If you have reason to believe that your Account details have been compromised and/or obtained by another without consent, you should contact support@be-konn.com immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending.
FEEDBACK AND COMMENTS
We welcome your feedback and comments regarding our Mobile Application, products and services. We do not accept confidential or proprietary information. You may not post any comments or reviews that contain obscene language or pretend to be someone other than yourself or use false email addresses. BE Company reserves the right to remove or edit any comments.
SERVICES
Description of the Services
BE Company itself, is not a gymnasium, a place for entertainment or recreation, a health club, a facility, a fitness studio, or any other facility, and it does not own, manage or supervise any of the gyms or classes offered through the Mobile Application.
The Mobile Application allow(s) you to benefit from two kinds of services:
1. Services provided directly by the Mobile Application: These services are provided on monthly and or annual subscriptions for services/technical features that is provided by BE Company that include, and as stipulated by the Company’s offers and packages from time to time:
· Data analysis
· Demonstrating health KPIs that is extracted / provided from smart devices
· List of service providers
· Database, data storage
· Content Management System: Dashboards for users
· Calendar management
The Services provided directly by the Mobile Application as described above hereinafter referred to as (the “Application Services”).
Your Subscription will automatically renew at the end of Your Subscription Term continuously and indefinitely, except in case of subscription termination, for period equal to the Initial Term without action by You, and the Subscription membership fee will be charged to You at the time of renewal.
2. Services provided by the gyms and/or personal trainers who list their services on the Mobile Application as described below, hereinafter referred to as (the “Provider Services).
Your subscription on BE mobile Application gives you the ability to choose to book classes listed by gyms or personal trainers on the Mobile Application.
Some offers and / or subscriptions and/or services may be published or modified by us or by a third party may be subject to effect at any time. The use of these offers, subscriptions and/or services is subject to additional terms and conditions.
PRICING:
1. Mobile Application Services:
2. All pricing information on the Mobile Application and/or Website which is related to the Application Services is correct at the time of going online.
We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
We attempt to be as accurate as possible in the description of the Mobile Application Services. However, we shall not warrant that such a description is totally accurate, complete, reliable, and error free.
3. Provider Services
4. The prices announced on the Mobile Application for the Provider Services are listed on the Mobile Application and/or Website by the Gym and/or the personal trainer directly, and they might be subject to change and alter by the Gym and/or the personal trainer.
PAYMENT
Upon receiving your order/request, We will send you an email confirming that your order has been received and processed. Validation checks and authorizations by the card issuer will be made and payment will be debited and cleared from your account at the time the order is released. You confirm that the credit card you are using is yours or that you have been authorized by the owner of said card to use it.
All of the payments transactions are processed through a Payment Gateway service provider.
The Mobile Application and/or Website will not held liable for any loss, fraud or any other responsibility whatever kind you may suffer if a third party procures unauthorized access to any data you provide to the Payment Gateway service provider when accessing or ordering from the Mobile Application.
REDEEMABLE POINTS
BE Mobile Application allows eligible users to earn points through numerous transactions and actions made on its platforms then redeem these points for rewards (for more information on how to earn points kindly refer to the BE Mobile Application).
As of the date these terms and conditions were reviewed and published, BE Mobile Applications have not yet activated this reward program and it reserves the right to not activate it in the future. Once this reward program is activated by BE Mobile Application the following terms shall apply:
· Points earned through the BE Mobile Application and not redeemed will expire after 12 months of accrual.
· All rewards are subject to availability. Rewards may only be available during the time periods as notified to the user at any given time.
· Rewards redeemed cannot under any circumstance be refunded, exchanged, replaced, and/or transferred to any other rewards form.
· By redeeming rewards, the users release the BE Mobile Application and its parent, subsidiaries, and affiliates from any and all liability regarding the redemption or use of rewards, or other participation in the Rewards Program.
· BE Mobile Application reserves the right to modify or cancel any reward at any time without prior notice to the user.
· BE Mobile Application reserves the right to amend or change any of these terms and conditions at any time
SCOPE OF RELATIONSHIP
The financial relationship for the Provider Services is between you as a member and the provider. BE Company only provides a platform for you and your service provider to connect.
BE Company is not responsible for any service that was added by the provider and was not available at the time.
In consideration of your participation in the activities/services that are offered by the service providers and your use of the equipment and facilities (“Participation”, “Participating” or “Participate” as the context requires) provided by the service providers, you expressly agree and contract, on behalf of yourself, your heirs, executors, administrators, successors and assigns, that BE Company and its insurers, shareholders, affiliates, employees, officers, directors, and associates, shall not be liable for any damages arising from any personal injuries (including but not limited to disability and death) sustained by you in, on, or about, the facility premises, or as a result of your Participation (which may result from, without limitation, hard or laborious physical movements, sliding, stumbling, falling, and/or other risks).
You understand and irrevocably and unconditionally acknowledge that:
(i) During your Participation, you may be exposed to a variety of hazards and risks, which may be unforeseeable. You are fully aware of the services, equipment and/or other facilities that are offered by the service provider, also fully aware of your physical limitations.
(ii) You understand and accept that the activities that you will engage in involve inherent and other risks. These risks can result in varying degrees of physical harm, disability personal injury, disfigurement and death.
(iii) You understand and accept that these activities are strenuous and can be dangerous and require a degree of physical ability, maturity, and skill. You
understand that BE Company will not make any evaluation nor recommendation regarding your sufficient physical fitness for your Participation.
(iv) You acknowledge that it is at your sole discretion to use and to engage in the activities provided and you will assume all risks, both inherent and other risks and accept responsibility for any personal property damage and loss and for any degree of physical harm you may suffer.
By accepting the Terms, you irrevocably and unconditionally, accept and assume full responsibility for any and all injuries, damages, and losses of any type (including but not limited to physical, psychological, economic, non-economic, material, and moral damages and/or losses), which may occur to you. You hereby fully and indefinitely release and discharge BE Company, its shareholders, affiliates, employees, officers, directors, and associates, from any and all claims, demands, damages, suits, proceedings, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of your Participation.
You expressly agree to indemnify and hold the Company and its shareholders, affiliates, employees, officers, directors, and associates harmless from and against any and all losses, damages, liabilities, obligations, claims, demands, damages, suits, proceedings, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by you or your property or caused by you to any other person or such person’s property.
You agree to: (i) comply with all rules imposed by BE Company and/or the facility owner and/or the service provider regarding the Participation; (ii) to conduct yourself in a controlled and reasonable manner at all times; and (iii) to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
You understand and agree that BE Company is not responsible for any property that is lost, stolen, and/or damaged while in, on, or about the premises where the activities that are offered by the service providers will take place.
You are aware that it is advisable to consult a doctor or physician before undertaking any physical activity.
You warrant that you do not (i) suffer from any medical condition and/or incapacity, which may impair your ability to Participate; nor (ii) suffer from any heart condition, epilepsy, allergies, skeletal conditions, spinal, history of sport injury, or any other medical condition which may result in placing yourself in a position of risk by Participating. You also understand that it is your responsibility to take all necessary precautions in terms of social distancing and cleanliness to fight potential transmittable diseases. However, this does not
eliminate the chances of transmission. In spite of such risks, you freely wish to Participate and as such, you assume all of the risk and responsibility for the injury, sickness, death, or disability that may result to yourself, directly or indirectly, when Participating or when in, on, or around, the premises ere the activities that are offered by the service provider will take place.
FINANCIAL TERMS FOR USERS
a. Cancellation
For the Application Services
Requests can be cancelled according to the cancellation policy established by service providers and their institutions. A user who cancels an appointment might not be refunded per the provider’s cancellation policy.
If a service is cancelled by a provider a user is entitled to a refund. In this case only gateway charges might be deducted from the original amount paid.
If the service request is cancelled by the user cancellation fees by the provider may be applied. In this case, the relevant amount will be deducted from your account.
b. Refunds
The Application Services subscription is not refundable.
The Provider Services shall be subject to the provider refund policy which BE Company is not part of it. The financial relationship for the Provider Services is between you as a member and the provider. BE Company only provides a platform for you and your service provider to connect.
Cancellation and Termination
Your Account can be terminated by you or BE Company. In the event BE Company terminates your Account, you will be notified by an email with the reason of termination. Notwithstanding the foregoing, we reserve the right to terminate your account without giving reasons, in such case any amounts paid for any services and/or subscription before or on the date of termination are not refundable.
In the event BE Company terminates your Account, any current or pending requests or payments on your Account will be cancelled and provision of services will not commence. BE Company reserves the right to cancel orders or payments without stating reasons.
If service request or payments are cancelled or the termination occurred for your Account from your side for any reason and at any time, in such case any amounts paid for any services and/or subscription before or on the date of termination and/or cancelation are not refundable.
Changes to these Terms and Conditions
BE Company reserves the right to change the Mobile Application, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Mobile Application following the changes. If BE Company is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any request currently pending in addition to any service placed by you in the future.
BE Company holds no liability for any disruption or non-availability of the Mobile Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, in no event shall BE Company, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Mobile Application, whether such liability is under contract, tort, or otherwise, and BE Company, including its officers directors and employees shall not be liable for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of Mobile Application or any information contained therein. Users should be aware that they use Mobile Application and its content at their own risk.
Indemnification
You hereby indemnify to the fullest extent BE Company from and against any and all liabilities, costs, demands, causes of action, damages, and expenses arising out of or in any way related to your breach of any of the provisions of these Terms.
Severability
Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions and laws of the Hashemite Kingdom of Jordan, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. If any provision of these Terms and Conditions is found to be unenforceable or invalid under the Jordanian
Laws, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and BE Company.
Assignment
BE Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required, however, you shall not be permitted to assign transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Mobile Application, constitute the entire agreement between BE Company and you in relation to your use of this Mobile Application, and supersede all prior agreement and understandings with respect to the same.
Jurisdiction and Governing Law
These Terms and Conditions and the relationship between you and BE Company shall be governed by and construed in accordance with the laws and regulations of the Hashemite Kingdom of Jordan. The Courts of Amman Center (Qasr Al Adl) shall have sole applicable jurisdiction.
Acceptance of Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
These Terms and Conditions apply as between you, the User of this Mobile Application and BE Company; The owner of this Mobile Application. Your agreement to comply with and be bound by these Terms and Conditions occurs upon your first use of
our Mobile Application. If you do not agree to be bound by these Terms and Conditions, you should stop using our Mobile Application immediately.