1.1 In these Conditions the following expressions have the meanings assigned to them respectively : “The App” or “Blitz’n’Burn” means The Blitz’n’Burn App;
1.2 “Conditions” means the terms and conditions outlined herein including any additions or variations of these Terms and Conditions made by Blitz’n’Burn;
1.3 “Customer” means any person to whom Blitz’n’Burn sells or supplies a Product; “Party” means both a Customer and Blitz’n’Burn;
1.4 “Intellectual Property” includes confidential information, copyright, trademarks, patents, designs and digital Products including ebooks, pdf downloads, resource material, videos and online content;
1.5 “Order” means an Order placed by a Customer for the purchase of goods from Blitz’n’Burn;
1.6 “Payment Method” means the payment details nominating the account or process by which a Customer agrees to pay for any Product;
1.7 “Product” means any item including The App, goods, services digital Products, ebooks, pdf downloads, resource material, online content etc. sold by the Blitz’n’Burn to the Customer through an Order;
1.8 “State” means Cayman Islands;
1.9 “We” refers to Blitz’n’Burn; and
1.10 “You” refers to a Customer;
2. In these Conditions:
2.1 Words in the singular number include the plural and words in the plural number include the singular and words of one gender denote the gender appropriate to the context or subject matter;
2.2 The headings and sub-headings are for convenience and reference purposes only and are not intended to affect the interpretation of this Agreement;
2.3 Words importing persons include a firm, company, corporation, authority or body whether or not incorporated;
2.4 A reference to any act or regulation includes a reference to any act or regulation amending, or in substitution for, that act or regulation;
2.5 No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Conditions;
2.6 If an expression is defined, another part of speech and grammatical form of the expression have a corresponding meaning; and
2.7 The provisions of any Clause or Sub-clause that contains any subordinate Sub-clause will be read distributively to that subordinate Sub-clause and that subordinate Sub-clause will be construed accordingly; and
2.8 Each provision hereof will be construed and will take effect according to the laws of the State and all rights, liabilities and obligations in respect of the Conditions will be governed by the laws and jurisdiction of the State.
3.1 The Blitz’n’Burn app is a Site that you can select, Order and access Products advertised by Blitz’n’Burn.
3.2 The purchase of all digital Products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All Customers are advised to review these Conditions carefully before placing any Order, accessing, browsing or using this Site.
4. Agreement to these Conditions
4.1 By placing an Order with Blitz’n’Burn, you warrant that you are at least 18 years old or have your parent’s or guardian’s permission to buy from Blitz’n’Burn.
4.3 By accessing, browsing or using this App you acknowledge that you have read, understood and agreed to these Conditions.
5.1 Prior to placing an Order, you must create an account though the App.
5.3 Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person.
5.4 All information provided to us in the Account Creation process must be true and correct. A Customer must not have more than one active account at any time.
5.5 Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.
5.6 You must notify us of any changes to your personal information or Payment Method which was provided by you in the Account Creation process.
5.7 If you suspect or become aware that your account has been accessed without authorisation or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting [email protected].
6. Intangible Product Licences
6.1 Many of our Products are intangible and may come in the form of ebooks, PDF downloads, resource material, videos or online content. All of these Products are subject to copyright protection.
6.2 These intangible Products remain the property of Blitz’n’Burn. Once an Order has been completed and a Customer has discharged their obligations to pay or continue to pay for a subscription, Blitz’n’Burn grants to the Customer a single Licence to use the Product subject to these Conditions.
6.3 Intangible Products are the subject of a license to the Consumer and are not sold to the Consumer. The Consumer has no right to lend, copy, distribute, share, lease, edit, on sell, modify, create derivative works of the Product, transfer or trade the Product in any form. Blitz’n’Burn may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital Products to protect our Products.
7. Subscription Charges:
7.1 Subscriptions will occur as per your chosen subscription duration. Payments will continue until terminated. Unless the subscription is cancelled before the billing renewal date, the fees and charges will be charged on a rolling basis to your nominated Payment Method.
7.2 The subscription fees and charges will be billed up front. eg: 1 month subscription is a monthly rolling contract at the price of 1 month, whereas the 12 month subscription is a single upfront charge for the full amount. The subscription will rollover and auto-renew unless you have this feature disabled on your device.
7.3 Blitz’n’Burn reserves the right to vary the fees charged for our subscription based Products from time to time. If fees are varied through the exercise of this right, then Blitz’n’Burn will inform you of any such variation and provide you with one month’s notice of any such change.
7.4 We do not offer refunds or credits for unused Subscription periods, accidental purchases, medical conditions, or any similar reason or event,
7.5 You must cancel 48 hours before billing roll over to prevent a new billing period starting
7.6 Upon your subscription to the App, unless you notify us otherwise, you agree to subscription fees and all other charges relating to the subscription being billed automatically each month to the nominated Payment Method provided by you during the Order process.
7.7 You must notify us of any change to your Payment Method. If you do not notify us of any such change, then Blitz’n’Burn will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method.
7.8 If any subscription fees or charges billed to your account are not processed for any reason, then Blitz’n’Burn will have the right to suspend your subscription until all fees and charges have been paid in full.
7.9 You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by Blitz’n’Burn in collecting any unpaid subscription fees or charges from the Customer.
7.10 Subscription fees will apply regardless of whether or not you use your subscription.
7.11 Subscriptions will rollover to full-priced monthly membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is cancelled before the end of the promotional period. The following month’s fees and charges will be charged to your nominated payment method. Rollover subscriptions will continue month to month until terminated.
7.12 By subscribing to the Blitz’n’Burn App, you will gain full and unrestricted access to all the App’s content. You’ll receive access to workouts, recipes, community, gainz and coaching which includes: videos, methods, advice for the entire duration of your chosen subscription plan. Complete your workouts on a day-by-day basis and join in the community, as you work your way through your goal with Blitz’n’Burn.
7.13 You will be charged 0.01 USD when signing up for any free trial.
7.14 Price is subject to current inflation rates meaning the prices are only approximations if you’re not paying in USD.
7.15 Upon joining our fitness app, new members are entitled to a complimentary seven-day free trial. Please note that this trial period is exclusive to each new user, and it is applicable only once per device and one Apple account.
Once you have utilized your seven-day free trial, access to it will be restricted for that specific device and associated Apple account. Attempting to create a new account for the purpose of initiating another trial will result in automatic enrollment into a membership plan.
8. Physical Products
8.1 Blitz’n’Burn reserves the right to modify or change Product specifications as required in order to improve our Product range and availability. We recommend that you immediately inspect any Product upon delivery to you to ensure that you are completely satisfied with the Product.
8.2 Title and risk of tangible Products pass to you on receipt or delivery of the Product to the nominated address.
9. Payment And Currency Disclaimer
9.1 All transfers conducted through Blitz’n’Burn are handled and transacted through the Google Play Store and the Apple App Store.
9.2 All payment amounts are represented in USD as this is regarded as the global currency.
10. Payment Methods:
10.1 Payment accepted through the Google Play Store and the Apple App Store.
10.2 Subject to the terms and conditions of third parties.
10.3 In order for you to place an Order for one of our Products, you must submit valid payment details nominating a Payment Method. Valid payments will be processed once your order has been accepted by Blitz’n’Burn.
12.1 The Blitz’n’Burn app’s recipes are not formulated to suit any nutrient deficiencies, allergies or any other food related health problems. Please contact your doctor or a dietician prior to purchasing if you are unsure whether this Product is suitable for your dietary needs.
12.2 The Blitz’n’Burn app’s recipes are not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, we recommend visiting an Accredited Practicing Dietitian to help tailor a program specific to you and your baby’s needs. If you are no longer breastfeeding, please seek approval from your doctor before commencing use of the App.
12.3 Please contact your doctor or nutritionist prior to purchasing if you are unsure whether this Product is suitable for your dietary needs.
12. 4 If you have any concerns or questions regarding your health you should always contact your doctor. If you experience faintness, dizziness, pain or shortness of breath at any time you must stop the physical activity immediately and contact your doctor before resuming.
12. 5 The content of our App is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content of our App has been created for information purposes only.
12. 6 You must be in good physical condition before using any of our Products whether tangible or intangible.
12. 7 Before using our App you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with any of our Products, you agree that you do so at your own risk.
12. 8 None of our employees hold medical or dietary qualifications and we are not a licensed medical care provider. We have no expertise in diagnosing, examining or treating medical conditions of any kind.
12. 9 We strongly recommend that you consult with your doctor before beginning any dietary or exercise program particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant.
12. 10 Subject to any rights granted by law, you agree to discharge Blitz’n’Burn of all liability for any and all claims and causes of injury including for any and all injury, loss or damage of whatsoever nature including; personal injury, data or loss of income to the extent permitted by any law where negligent or otherwise.
13. 1 You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Conditions.
13. 2 You agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our App.
14. External Links:
14.1 This App may contain links which are hosted by third parties not associated with Blitz’n’Burn. The content displayed on those Sites is not the responsibility of Blitz’n’Burn and we do not endorse or approve of these external websites or any services that are provided by those websites.
14.2 You agree that your choice to visit third party websites is undertaken at your own risk. Before relying on any of the content on any such Site you should make appropriate enquiries.
15. Site Conditions of Use
15.1 Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the App or transfer any part of the App or any content contained on the App;
15.2 Do anything that may place an unreasonably or disproportionately large load on the App. You must not do anything that disrupts the functions or connected networks of the App;
15.3 Make any modifications to the App without proper authorisation in writing from Blitz’n’Burn;
15.4 Test, scan or circumvent the security of the App;
15.5 Use the App or any content in any way which breaches the rights of Blitz’n’Burn or any third party;
15.6 Use the account of another Customer or impersonate another Customer when using this Site;
15.7 Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the App for any reason; and
15.8 Use any method to autonomously create accounts by any means under
16. Governing Law
16.1 These Conditions will be construed and will take effect according to the laws of the Cayman Islands and the respective rights, liabilities and obligations of the parties will be governed by the law of the Cayman Islands
16.2 The Customer and Blitz’n’Burn agree to submit to the exclusive jurisdiction of the courts of the Cayman Islands.
16.3 If you are entitled to any rights, remedies or claims under Cayman Islands Consumer Law then these rights, remedies or claims arise independently of these Conditions and will not apply to any rights, remedies or claims that you may have under Cayman Islands Consumer Law.
17.1 We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right.
17.2 Subject to these Conditions, you may cancel your subscription at any time via the App Store or Google Play Store. Please note that charges cannot be refunded for the duration of your chosen subscription. You will continue to have access to the App through till the end of your billing period.
17.3 Please note also, deleting the App without cancelling your subscription via the App Store or Google Play Store WILL NOT terminate payments, and they will continue to roll over.
17.4 If you purchased your App membership through Apple’s IAP (in app purchase) function and you wish to terminate your subscription, you are required to do so via Apple’s subscription platform. You will be billed if you have not cancelled this in the correct manner prior to your next billing date.
18. Changes to these Conditions
18.1 We reserve the right to modify these Conditions at any time. Please review these Conditions frequently and before placing an Order. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to these Conditions, we will notify you here that it has been updated.
18.2 If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell Products to you.
19.1 That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions is construed as if that part were not contained in these Conditions; and
19.2 The parties must attempt to renegotiate that part in good faith.
20.1 You agree that we will charge you for any Product ordered through your account.
20.2 You are liable and responsible for any person who uses your account to place Orders through the App.
20.3 You should be mindful of any request for credit card or account information. Providing information to these types of requests can result in identity theft.
20.4 Blitz’n’Burn reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
20.5 You are responsible for any costs associated with accessing the App.
21. Physical Activity Readiness Questionnaire (PAR-Q)
21.1 You acknowledge and agree that you are responsible for your own health and safety at all times, and that you have been assessed by a medical expert (e.g. your GP/Doctor) who has given you consent to partake in physical activity.
21.2 You acknowledge and agree that you are responsible for continuously updating your medical consent through regular assessment in the form of a fitness appraisal by a medical expert (independent and unrelated to Blitz ‘N’ Burn), in particular when choosing a new workout video or exercise programme to follow.
21.3 You acknowledge and agree that Blitz ‘N’ Burn and the instructions provided (via written, audio and/or visual) are for general guidance purposes only and should not replace or super-exceed the advice given to you by your own medical expert (e.g. your GP/Doctor). Should you choose to ignore medical advice, you do so at your own risk and Blitz ‘N’ Burn (its employees and freelance instructors) shall hold no liability for damage and/or injury caused.
21.4 If you are planning to become much more physically active than you are now, you agree that points 21.4.1 to 21.4.7 are correct. If you disagree with any point, it is insisted that you seek medical consent before partaking in any physical activity and you agree to do so. If you are between the ages of 15 and 69, disagreeing with any of the PAR-Q points means that you must check with your doctor before you start. Blitz ‘N’ Burn is not recommended for people under 18 years of age without the supervision of a parent or guardian, who hold sole responsibility and liability and agree to conform to the same mandatory guidance in ensuring physical readiness to partake. If you are over 69 years of age, check with your doctor regardless. Common sense is your best guide when you answer in relation to yourself these points. Please read the following points carefully and answer each one honestly:
21.4.1 Your doctor has never said that you have a heart condition and has never said that you should only do physical activity recommended by a doctor.
21.4.2 You have never felt pain in your chest when you have partaken in physical activity.
21.4.3 In the past month, you have not had chest pain at any time.
21.4.4 You have not lost your balance because of dizziness and you have never lost consciousness.
21.4.5 You do not have a bone or joint problem that could be made worse by a change in your physical activity.
21.4.6 Your doctor is not currently prescribing drugs (for example, water pills) for your blood pressure or heart condition.
21.4.7 You know of no reason why you should not do physical activity.
21.5 As a precaution, regardless of your agreement to points 21.4.1 to 21.4.7, but especially if you disagree, you agree to talk to your doctor by phone or in-person BEFORE you start becoming much more physically active. You agree to tell your doctor about this PAR-Q and the points you disagreed with. You may be able to do any activity you want – as long as you start slowly and build up gradually. Or, you may need to restrict your activities to those which are safe for you. You agree to talk with your doctor about the kinds of activities you wish to participate in and follow his/her advice.
By taking part in our competitions you accept and agree to these terms and conditions. If you do not agree with any of the terms and conditions stated, then you should not take part in any Blitz’N’Burn competition. It is your responsibility to ensure that you review the current terms and conditions before entering any competition. We, Blitz N Burn, recommend that you save a copy of the terms and conditions for future reference during a competition.
22.1 What can you win?
22.1.1There will be a prize draw when the competition closes to pick the stated amount of winners.
22.1.2 All the prizes that can be won, will be stated on that competition. Furthermore you can contact us at [email protected] if you’re unsure.
22.1.3 The prize and prize draw are subject to winner confirmation (i.e. Blitz N Burn can contact the winner and confirm eligibility). Blitz N Burn holds the right to change, alter or withdraw any of the prizes and/or the prize draw at any time due to change in any applicable law or any events outside the control of Blitz N Burn. Blitz N Burn shall not be responsible for any delay, cancellation, or rescheduling of any of the prizes or the prize draw.
22.2 Who can enter?
22.2.1 Entry is open to everyone except it is not open to Employees of Blitz N Burn and their immediate family or anyone directly connected to the administration of this Prize Draw, who are not eligible to enter the competition.
22.2.2 Entrants must provide their email address for communication with Blitz N Burn. One entry per person.
22.2.3 Blitz N Burn reserves the right (as its sole discretion) to decide if the eligibility criteria are met – if the eligibility criteria are not met, the entry will be invalid and not counted.
22.3 How to enter?
22.3.1 Entries will be open to all people who have discovered the competition, & whoever the competition has been aimed at.
22.4 Closing times
22.4.1 Entries to a competition will end as stated on the competition, if it is changed you will be made aware.
22.5 How are the winners selected?
22.5.1 The winner(s) will be chosen by random draw. The decision of Blitz N Burn on any aspect of the Prize Draw is final and binding on all entrants. The winner of each prize will be notified via the verified Blitz N Burn Instagram page or email ([email protected]). Winner(s) will also be announced on the verified Blitz N 22.5.2 Burn Instagram page. If the winner of any Prize does not respond to the notification that they have won within 48 hours of being notified, then that winner’s 22.5.3 Prize will be forfeited and Blitz N Burn will be entitled to select another winner in accordance with the process described above.
22.6.1 By taking part in any competition, all entrants agree to participate in publicity at Blitz N Burn’s request if they are a winner of the competition. Entrants agree that Blitz N Burn (or any third party nominated by Blitz N Burn) may, in its sole discretion use their name, image, any relevant video footage of them and comments relating to the Prize and/or Prize Draw and their experience for future promotional, marketing and publicity purposes in any media worldwide, without notice and without any fee being paid.
22.7.1 Blitz N Burn reserves the right to withdraw the Prize and/or Prize Draw (or any part of it) if a winner breaches any of the terms in these terms and conditions or if they are found to have acted in a dishonest or fraudulent manner.
22.7.2 Blitz N Burn accepts no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
If you wish to contact Blitz’N’Burn in relation to a competition, please contact Blitz’N’Burn Customer Support at [email protected]
WHO WE ARE
We are a design & development company based near London, England.
– Our site address is https://www.blitznburn.com/
– Our company name is Powah Ltd
– Our registered address is Powah Ltd, 27 Industrial Way Grand Cayman KY1, 1208, Cayman Islands
– Our Data Protection Officer is Kevin Foster and he can be contacted at [email protected]
WHAT WE MAY COLLECT
We may collect and process the following data about you:
– A record of any correspondence between us
– Details of your visits to our site and the resources you use
– Information about your computer or device (e.g. your IP address, browser, operating system, etc.) for system administration, fixing bugs, addressing performance issues, security and fraud prevention purposes
Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
– You have given consent to the processing of your personal data for one or more specific purposes;
– Processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
– Processing is necessary for compliance with a legal obligation to which we are subject;
– Processing is necessary to protect the vital interests of you or of another natural person;
– Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
– Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
HOW WE USE WHAT WE COLLECT
We use information about you to:
– Improve app performance
– Present site and app content effectively to you.
– Provide information, products and services that you request, or (with your consent) which we think may interest you.
– Carry out our contracts with you.
– Allow you to use our interactive services if you want to.
– Tell you our charges.
– Tell you about other goods and services that might interest you.
If you don’t want us to use your personal data for any of the reasons set out above, you can let us know at any time by emailing [email protected] and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible products and services to you.
In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the products and services we can provide you if you don’t provide your personal data in these cases.
WHERE WE STORE YOUR DATA
We may transfer your collected data to countries outside the European Economic Area (EEA).
We will take steps to ensure adequate protections are in place to ensure the security of your information.
We only keep your personal data for as long as we need to in order to use it as described above, and/or for as long as we have your permission to keep it. In any event, we will conduct an annual review to ascertain whether we need to keep your personal data. Your personal data will be deleted if we no longer need it.
DISCLOSING YOUR INFORMATION
We are allowed to disclose your information in the following cases:
– We can disclose it if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights.
– We can exchange information with others to protect against fraud risks.
Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.
You can exercise your rights by contacting us at any time by emailing [email protected]
Under the GDPR, you have the right to:
– Request access to, deletion of or correction of, your personal data held by us at no cost to you;
– Request a copy of your personal data in a portable format (and optionally you can ask us to transfer it directly to another data controller);
– Be informed of what data processing is taking place;
– To object to processing of your personal data; and
– Complain to a supervisory authority.
You also have rights with respect to automated decision-making and profiling, but we do not perform any such actions.
LINKS TO OTHER SITES
Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our site. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
We may occasionally need to update this policy. We will update this page with the changes and revision dates. In some cases we will need to email you directly to notify you of changes.
QUERIES OR COMPLAINTS
If you have any queries, comments or complaints about this privacy notice or any of the procedures set out in it, please contact:
Company Data Protection Officer: Kevin Foster
Email Address: [email protected]