Terms and Conditions
These Terms and Conditions ("Agreement") governs the use of the services ("Service") that are made available by LeanFITT™. These Terms and Conditions represent the whole agreement and understanding between LeanFITT™ and the individual or entity who subscribes to our service ("Subscriber" or "you").
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. LeanFITT™ may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that LeanFITT™ believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
LeanFITT™ may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): Terms and Conditions. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
LeanFITT™ offers Subscribers learning services and collaborative tool services for the duration of the service term purchased from LeanFITT™.
Services are provided on the basis of facility and equipment availability. LeanFITT™ reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Details regarding your account can be found in your account control panel (Login)
All web page error requests (such as 403 errors or 404 errors or 500 errors) will direct traffic to a default LeanFITT™ error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:
- Links to additional products and services offered by LeanFITT™.
- Advertisements for products and services offered by third-parties.
- An internet search engine interface.
The LeanFITT™ learning services will consist of a list of topics along with quizzes for learning purposes. The service allows customers to gain knowledge in these topics and take quizzes on them to assess their level of understanding of the topic.
LeanFITT™ contents are exclusive to the organization and plagiarism of the learning content is strictly prohibited and incase plagiarism is detected, the particular user would be denied membership and will be blacklisted thereafter.
Depending on which plan or service you choose, you may request to change the billing term of your desired service through your account control panel. In such cases, the expiry date of your service will be adjusted according to the billing term that you have requested. Any optional features will be billed according to the term that you have requested.
All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in your account control panel. LeanFITT™ is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All services will renew at the regular renewal rate.
In the absence of a cancellation request from you, your service will be renewed for a successive term, at the regular renewal rate, on the first week of the expiry month.
4. Collaborative Lean and Quality Improvement Tools
LeanFITT™ provides Subscribers with a non-exclusive, non-transferable, limited license to use the Collaborative Tools. The tools are developed and owned by LeanFITT™, and any reproduction, modification, creation of derivative works from or redistribution of these tools are expressly prohibited. These collaborative tools, its structure, sequence, organization and source code are considered trade secrets of LeanFITT™ and are protected by trade secret laws.
You further acknowledge and agree that all User Content is non-transferable and non-transportable. LeanFITT™ will not assist any Subscribers with any reproduction, recovery, or distribution of any User Content. Upon service cancellation or termination for any reason, access to the tools, including all User Content, third party content, and user information uploaded, posted, emailed, or otherwise transmitted via the tool, will be removed by LeanFITT™.
LeanFITT™ makes no representations or warranties, either expressed or implied, with respect to the images offered through the collaborative tools.
6. Definition of Unlimited Usage
What "Unlimited" means: LeanFITT™ does not set an arbitrary limit on the amount of resources an account can use.
What "Unlimited" DOES NOT mean: The accounts are not intended to support the collaborative tools to cater to the needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub.
Reselling any of the Service's resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Reselling of account resources is only permitted if you are using a Reseller Plan or a Dedicated Server.
8. Service Fees / Payments / Invoice
LeanFITT™ uses an automated payment processing system and only accepts credit card or PayPal payments at this time. All Subscribers are required to maintain valid payment information on file for the processing of any service fees. At its sole discretion, LeanFITT™ may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
LeanFITT™ may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Invoices for all LeanFITT™ services can be found by logging into your account control panel.
Billing inquiries and disputes should be brought to LeanFITT™'s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.
If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, LeanFITT™ reserves the right to put your name into "Registrar Hold" status and deny any transfer requests for that name until the chargeback or dispute issue has been resolved.
Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).
Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.
9. Definition of "No Transaction Fees"
LeanFITT™ does not charge you any fees relating to the processing of transactions under your account ("Transaction Fees"). However, your selected payment processor, such as PayPal or Stripe, may still charge you Transaction Fees for each payment you receive. You will be solely responsible for any such Transaction Fees.
10. Termination / Plan Change / Refund Policy
LeanFITT™ may terminate your Service under the following circumstances (non-exclusive list):
- Non-payment of fees
- You are in breach of any term or condition of this Agreement
- Your use of the Service disrupts LeanFITT™ business operations or affects any other party
All Subscriber data is removed from LeanFITT™ servers for such terminations.
You may request account termination or service plan changes at any time by contacting our Customer Service team either through phone or case ticket. Our contact information can be found on the Support page of our website: Contact Us
When submitting your cancellation request, you must provide the correct username and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
The admin for an organization that has subscribed to the collaborative tool, is responsible for payment of monthly fees for usage of the tool. Any user in an organization can become an admin. There can be two or more admins. Also, a user can be a member of two or more organizations. Refunds will not be given for services that are billed monthly or for one-time service fees. You are eligible for a refund on services that are not billed monthly under the following circumstances:
- Your first 30 day subscription would be free of cost. You will only have to set up your authentication details and payment details.
- If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund of your payment.
Only one refund may be issued for each invoice. LeanFITT™ reserves the right to grant or deny any refund requests.
11. Subscriber Responsibility
When you apply to use LeanFITT™ services, you will be asked to select a Subscriber ID and Password for an ecosystem and consequently for a subscriber in the ecosystem. The ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the ID and Password you select from any unauthorised use. IN NO EVENT WILL LeanFITT™ BE LIABLE FOR THE UNAUTHORISED USE OR MISUSE OF YOUR ID OR PASSWORD.
Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.
12. Prohibited Conduct
Any Subscriber engaging in breach of the Prohibited Content Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with Canadian and US laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content, and behaviour prohibited by the Service:
- Content that contains or contains links to : nudity, pornography, adult content, materials with sex or foul language.
- Content that condones, promotes, contains, or links to cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
- Content or otherwise that exploits children under 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
- Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any LeanFITT™ service, solution or technology.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).
You agree that, unless other instructions are posted on LeanFITT™'s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for LeanFITT™ posted on the LeanFITT™ website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Email newsletters will only be sent directly by LeanFITT™. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by LeanFITT™'s designated customer review software provider for customer experience and service feedback.
15. Reservation of Rights
LeanFITT™ reserves the right and sole discretion to:
- Review any account for excessive space or bandwidth utilisation and to suspend service to those accounts that have exceeded allowed levels.
- Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
- Terminate any account for illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that LeanFITT™ determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
- Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
16. Limitation of Liability
The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. LeanFITT™ makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. LeanFITT™ is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by LeanFITT™.
In no event will LeanFITT™ be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service provided to you.
LeanFITT™, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service you are provided.
In no event shall LeanFITT™ be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your service, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You agree to indemnify and hold LeanFITT™, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse LeanFITT™ with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
18. Force Majeure
LeanFITT™ will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
19. Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
20. Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the province of British Columbia and the federal laws of USA.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
21. Age of Majority
LeanFITT™ does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
23. Entire Agreement
This Agreement, as may be updated from time to time and posted at Terms and Conditions, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.