PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
These terms of website use (together with the documents referred to in them) govern your use of our website https://positivelyafricana.com/ (our site). Use of our site includes accessing, browsing, or purchasing from our site.
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.
Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our site:
Our Privacy Notice
This sets out the terms on which we process any personal data and provides information about the use of cookies on our site. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate.
Changes to our site
We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if, for any reason, our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or the entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties in the State of Massachusetts and other jurisdictions where we have registered our intellectual property. All rights are reserved.
The material and content contained within our site are made available to you for your personal non-commercial use only. Any other use of the material and content of our site is strictly prohibited.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works or otherwise use in whole or in part any material, content, or products obtained from our site, without our prior written consent.
If you use material and content from our site in breach of these terms of use, your right to use our site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
The content on our site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our site is accurate, complete, or up-to-date.
Refund and Cancellation Policy
At Positively Africana, customer satisfaction is our top priority. However, we understand that there may be situations where a refund is requested, we offer a 30-day return policy from the delivery date. To be eligible for a refund, you must have purchased a product from our site, https://positivelyafricana.com/
To qualify for a return, items must be the original item purchased from our shop, unused, and in its original packaging. Once we receive the returned item, we will inspect it, and if it passes inspection, we will process a refund. The refund will be credited to the original payment method within 14 business days or receipt of the returned item.
The shipping costs of items for defective returns will be shouldered by Positively Africana. Shipping costs for items that do not meet the criteria will be shouldered by the customer. We recommend using a trackable shipping service or purchasing shipping insurance since we cannot promise to receive your returned item.
If there are defective or incorrect items, please don’t hesitate to contact our customer service immediately so we can fix the issue.
Late Policy Personal Training
Arriving late to your session results in loss of session time.
Cancellation Policy:
- 24-hour notice is required to cancel or reschedule a session.
- A no-show will be considered a paid session.
- To cancel a session, please contact the trainer directly.
- All personal training sessions must be used within three months of the package purchase date.
- If the Trainer is unable to attend a session due to unforeseen circumstances, the paid amount will be refunded or can be used for another class.
- If the Trainer ends employment at Positively Africana before the Client’s training package is completed, the Client can complete their remaining sessions with another Positively Africana Trainer.
- Refunds for training packages will not be issued.
Liability Waiver and Tolerance Policy
I desire to engage voluntarily in an exercise program offered by Positively Africana. I understand that the activities may be strenuous. I understand that I am responsible for monitoring my own condition throughout my workouts.
In signing the consent form, I affirm that I have read and understood it. I know that there may be risks associated with fitness classes and I accept those risks. To the extent I deem advisable, I will consult a physician before participating in any of the activities.
I hereby waive and release from all liability Positively Africana for any injury or harm which may occur to me during my participation in Positively Africana events.
Positively Africana is made up of women of all ages and from every walk of life working together to build a strong community. Anyone who is female or self-identifies as a woman is welcome. We also welcome individuals whose gender identity falls outside the male-female binary.
Together we work to ensure that all our participants – regardless of fitness level, age, cultural background, ethnicity, faith, gender identity, income, or sexual orientation – have the opportunity to reach their full potential with dignity.
Limitation of our liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms that may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of, or reliance on, any content displayed on our site.
Please note that we provide our site for domestic and private use only. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any content on it or any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site or to make contact with other users of our site, you must comply with the content standards set out in these terms of use.
You warrant that any such contribution complies with those standards, that you own all necessary rights in any content you upload, and that it does not infringe any third-party rights. You will be liable to us and indemnify us for any breach of that warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms of use. The views expressed by other users on our site do not represent our views or values.
Prohibited Uses
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national, or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- For the purpose of harming or attempting to harm minors in any way.
You also agree:
- Not to reproduce, duplicate, copy, or resell any part of our site in contravention of the provisions of these terms of use.
- Not to access without authority, interfere with, damage, or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party in connection with our site or your access to our site.
Rights you license
When you upload or post content to our site, you grant us, and any third parties who assist with the provision of our site (including trusted service providers and delivery partners), a non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that content worldwide in any format.
Viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs, and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer, or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page or other pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these terms of use.
Third-party links and resources on our site
In an attempt to provide increased value to our customers, we may provide links to third-party websites. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse or have any control over their content or practices. We are not liable for any loss or damage that may arise from your use of such websites.
Entire agreement
These terms of use, together with our Privacy Notice (including our cookie policy), constitute the entire agreement between you and us in relation to your use of our website.
International users
Our site is controlled, operated, and administered by Positively Africana from our office in Studio 116, 460 West St, Amherst, Massacheusettes in conjuntion with our web developers. If you are accessing our site from outside the USA, you are responsible for compliance with all local laws.
You agree that you will not use Positively Africana content accessed through https://positivelyafricana.com/ in any country or manner that violates any applicable laws, restrictions, or regulations.
Trademarks
Registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of such rights, and as such, we cannot grant any license to exercise such rights.
Contact us
If you have any questions or concerns regarding these terms of use, please email us at hello@positivelyafricana.com.
Thank you for visiting our site.