1. Introduction

Welcome to NOW OR NEVER FITNESS (the “Company,” “we,” “our,” and “us”). These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at noworneverfitness.com (“Service”), which is owned and operated by NOW OR NEVER FITNESS. Our Privacy Statement also governs your use of our Service and explains how we collect, protect, and disclose the information that results from your use of our web pages. Our agreement with you consists of these Terms and our Privacy Statement (“Agreements”). You certify that you have read and comprehended the Agreements and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreements, you may not use the Service. However, please let us know by sending an email to contact@noworneverfitness.com, so we can try to find a solution. These Terms are applicable to all visitors, users, and others who wish to access or use the Service.

2. Communications

By using our service, you agree to receive newsletters, marketing or promotional materials, and other information from us. You may unsubscribe from receiving any or all of these communications by clicking the unsubscribe link or sending an email to contact@noworneverfitness.com.

3. Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to provide certain information relevant to your Purchase, such as your credit or debit card number, the expiration date of your card, your billing address, and your shipping information. You represent and warrant that: (i) you are legally authorised to use any credit card or other method of payment in connection with any Purchase; and (ii) all information you provide to us is true, correct, and complete. We may utilise the services of third parties in order to facilitate payment and the completion of Purchases. By submitting your information, you grant us permission to share it with these third parties in accordance with our Privacy Statement. We reserve the right to refuse or cancel any order for any reason, including, but not limited to, the following: product or service availability, errors in the product or service description or price, or an error in your order If we suspect fraud or an unauthorised or illegal transaction, we reserve the right to refuse or cancel your order.

4. Contests, Sweepstakes and Promotions

Contests, sweepstakes, and other promotions (collectively, “Promotions”) made available through the Service may be governed by rules distinct from these Terms of Service. If you participate in a Promotion, please review both the applicable rules and our Privacy Statement. If the Promotion’s rules conflict with these Terms of Service, the Promotion’s rules will prevail.

5. Refunds

Once payment is made, any services and product sold is no refundable.

6. Content

This Service contains content that is owned by NOW OR NEVER FITNESS or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or otherwise use the aforementioned Content, in whole or in part, for commercial or personal gain, without our prior written consent.

7. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service.

8. Analytics

Third-party service providers may be used to monitor and analyze how our service is used.

9. No Use By Minors

The service is restricted to individuals who are at least eighteen (18) years old. By accessing or using the Service, you represent and warrant that you are at least eighteen (18) years old and have the authority, right, and capacity to enter into this agreement and comply with all of the terms and conditions of Terms. If you are under the age of eighteen (18), neither access to nor use of the Service is permitted.

10. Intellectual Property

NOW OR NEVER FITNESS and its licensors retain sole ownership of the Service and its original content (excluding user-generated content), features, and functionality. The service is safeguarded by copyright, trademark, and other domestic and international laws. Our trademarks may not be used in connection with any product or service without NOW OR NEVER FITNESS’s prior written consent.

11. Copyright Policy

We are respectful of others’ intellectual property rights. Our policy is to respond to any claim that Content posted on the Service violates the copyright or other intellectual property rights of any person or entity (“Infringement”). If you believe that the copyrighted work has been copied in a manner that constitutes copyright infringement, please submit your claim via email to contact@noworneverfitness.com, with the subject: “Copyright Infringement,” and include a detailed description of the alleged Infringement as described below, under “DMCA Notice and Procedure for Copyright Infringement Claims.” You may be held liable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims regarding the infringement of your copyright by Content found on and/or through the Service.

12. Error Reporting and Feedback

You may contact us directly at contact@noworneverfitness.com or through third party sites and tools with information and feedback regarding Service-related errors, suggestions for improvement, ideas, complaints, and other issues (“Feedback”). You acknowledge and agree that: I you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) the Feedback does not contain confidential or proprietary information from you or any third party; and (iv) the Company is under no obligation of confidentiality with respect to the Feedback. If it is not possible to transfer ownership of the Feedback due to mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use the Feedback in any way and for any purpose (including copying, modifying, creating derivative works, publishing, distributing, and commercializing).

13. Links To Other Web Sites

Our Service may contain links to websites or services of third parties that are not owned or controlled by NOW OR NEVER FITNESS. NOW OR NEVER FITNESS has no control over, and assumes no responsibility for, the content, privacy policies, or practises of any websites or services operated by third parties. These entities/individuals and their websites are not covered by our warranty.

YOU AGREE AND ACKNOWLEDGE THAT COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGEDLY CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES. WE HIGHLY RECOMMEND THAT YOU READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

14. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BY THE COMPANY. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THEIR SERVICES OR THE INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN. THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US ARE USED AT YOUR OWN RISK.

NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. NEITHER COMPANY NOR ANYONE ASSOCIATED WITH IT WARRANTS OR REPRESENTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM WILL BE ERROR-FREE.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE ABOVE DOES NOT AFFECT ANY WARRANTIES THAT MAY NOT BE EXCLUDED OR LIMITED PURSUANT TO APPLICABLE LAW.

15. Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, YOU SHALL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL LITIGATION AND AR EXPENSES). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; THEREFORE, THE PREVIOUS EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

16. Termination

We reserve the right, at our sole discretion, to immediately terminate or suspend your account and bar access to the Service for any reason and without limitation, including but not limited to a breach of the Terms. If you want to cancel your account, you can simply stop using the Service. All provisions of the Terms that, by their nature, should survive termination shall survive termination, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnification, and liability limitations.

17. Governing Law

The Terms are governed by and construed in accordance with Malaysian law, which governs the agreement without regard to its provisions governing conflicts of law. Our failure to enforce any of these Terms’ rights or provisions does not constitute a waiver of those rights. If a court determines that any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our service, superseding and replacing any prior agreements.

18. Changes to Service

We reserve the right, at our sole discretion and without prior notice, to withdraw or modify the Service and any service or content provided via the Service. We are not liable if, for any reason, the Service is unavailable at any time or for any length of time. Occasionally, we may restrict access to portions or the entirety of the Service to users, including registered users.

19. Amendments to Terms

We may modify the Terms at any time by publishing the revised terms on this website. It is your responsibility to periodically review these Terms. Your continued use of the Platform after the posting of revised Terms indicates your acceptance and agreement with the modifications. You are required to check this page frequently for any updates, as they are legally binding. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

20. Waiver and Severability

No waiver by Company of any provision of these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, nor shall Company’s failure to assert a right or provision under these Terms constitute a waiver of such right or provision. If a court or other tribunal of competent jurisdiction determines that any provision of these Terms is invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms remain in full force and effect.

21. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

22. Contact Us

Please send your feedback, comments, requests for technical support by email: contact@noworneverfitness.com.