Terms of service

Last updated on November 26, 2022

Terms and conditions of use and sale:

The website located at https://www.mindtobefit.com (the "Website") and the content available via the Website or our emails (the "Content") are distributed by O.N.J. SPRL ("we", "us", "our", “company” or "the Company"). The Website, together with the Content, tools, transactions and other services available by using the Website, are collectively referred to as the "Service".

By accessing our Website and/or using our products or services in any way, you are agreeing to comply with and be bound by these Terms (the "Terms"), which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE OR COMPLETING A PURCHASE.


Please review also our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference.


We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.


Unless otherwise expressly provided herein, we will alert you about any changes by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.


Any use of the Website and/or our products or services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of products or services.

You agree that Company is permitted to access and use any other information provided by you to provide products or services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the products or services we provided to you.


IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE WEBSITE. BY USING THE WEBSITE AND AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT.


These Terms remain in force and effect as long as you are a user of the Website and/or a registered user. You should periodically review these Terms.

Disclaimers:

Medical Disclaimer:

Any application of the recommendations set forth in this website or in personal consultation by phone, email, in-person, or otherwise, is at the reader’s discretion and sole risk. The information offered is intended for people in good health. Anyone with medical problems of any nature should see a doctor before starting a diet or exercise program. In the case you have no known health problems, you should always consult your doctor(s) before making major changes in your lifestyle, or beginning any new exercise or nutrition program.


RISK: All diets and all exercise programs involve risks to the physical and mental health of participants. Prompt medical consultation is recommended if any symptoms develop during a diet program or exercise training.


The content on this website and our products are for informational purposes only and are not intended to diagnose any medical condition, replace the advice of a healthcare professional or provide any medical device, diagnosis or treatment.

Personal Disclaimer:

The products sell on this website are not medical or from a doctor or a nutritionist. The products are not a substitute to any medical treatment and only doctors can advise the customers. All advices given on this website are based on my personal self-learned knowledge and years of practical application, dealing with the needs of my own health and physique as well as the needs of others. Any recommendations I may make to you regarding diet, including, supplements and herbal or nutritional treatments must be discussed between you and your doctor(s).


The service is intended only as a tool which may be useful in achieving your overall health and fitness goals. You acknowledge that your diet involves risks which may involve risk of bodily injury or death, and that you assume those risks. Before accessing or using the service, you agree to release and discharge the company from any and all action, known or unknown, arising out of your use of the service.


To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice via the service. All content provided through the service, whether provided by us or third parties (even if they are claiming to be a doctor) is not intended to be and should not be used in place of the advice of your physician or other professionals


YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE AND EFFECTIVE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK.

What to expect:

We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual.

Every person is different and your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.


THE USE OF THE SERVICE SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOUR PHYSIQUE THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE AND USE OF THE SERVICE.


Exercises and proper diet are necessary to achieve and maintain weight loss and body shape. Typical weight loss is 1 to 2 pounds per week but it is common that obese and overweight individual can loss up to 1% of their total bodyweight per week in the beginning. Faster weight loss in the 2 first weeks are common too. Our program MindToBeFitis a fat loss and body transformation program and a healthy lifestyle program with a long-term approach to body shape and maintenance. We do not recommend a rapid weight loss scheme.


THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.

Access and Use of the Service:

You agree not to use or attempt to use the Site in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Site including, but not limited to: hacking and other digital or physical attacks on the Site; publishing vulgar, obscene, or defamatory material; or any other unlawful act.


The Site is intended for adults only. In order to use the Site, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us. The Site is not intended for children and no person under the age of 18 may use the Site. If you use the Site, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.


You agree that you will not do any of the following:

  • Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
  • Circumvent, disable or interfere with the security of the Website or features that prevent, limit or restrict use or copying of the Website or any Materials.
  • Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
  • Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs or other destructive or harmful items.
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.
  • Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third-party providers) infrastructure.
  • "Frame" or "mirror" the Website or any part.
  • Use the Website or any Materials for any unlawful purpose.
  • Spam or flood.
  • Resell or make commercial use of the Website or Materials; or make any derivative use of the Website or Materials.

Our Limited License to You

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by written permission of the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and that you are eighteen years of age or older.


In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty‐free, perpetual, irrevocable, non‐exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.


The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.


You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Member account, information you provide, password and security:

To use certain features of the Site, you will need a username and password, which you will receive through the Site's registration process.

We reserve the right to cancel or suspend your membership if you use another’s account or if you are sharing your username or password.

Sharing of username or password is strictly prohibited.

You represent and warrant that all of the information you provide to us is truthful and accurate, and that you are not impersonating another person. You alone are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.

We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You agree that we are not liable, and you will hold O.N.J. SPRL harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Our privacy policy and your personal information:

We respect your privacy and the use and protection of your non‐public, personal information. Your submission of personal information through the Site and online store is governed by our Privacy Policy. Our Privacy Policy may be viewed at Policy. We reserve the right to modify its Privacy Policy in its reasonable discretion from time‐to‐time. Our Privacy Policy is incorporated into this Agreement by reference.

Purchasing Items Featured on our Website:

You agree that any products or services that you purchase from us and/or our Site will be used for your personal, non‐commercial use. You agree that you will not re‐sell, re‐distribute, or export any product that you order from the Site.


If you are ordering a product or service, payment must be received by us before your enrollment or order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at contact@mindtobefit.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions. We reserve the right to accept or deny shipment to anyone for any reason. In the event we deny your order, your payment will be refunded to the card provided at the time of checkout.


Your order is conditioned upon you reaffirming your agreement to this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will start the Site's registration process.

We do not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Site. If we discover that you are placing orders with the intent to resell items offered on the Site, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, we will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by us.

We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case‐by‐case basis at our sole and exclusive discretion. Company takes reasonable precautions to try to ensure that any prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products featured on the Website, please note that the Company does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive.

Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged.

Indemnification:

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the company, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys' fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to your use, misuse, or attempt to use the Site, products, or services, information you submit or transmit through the Site, your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or your violation of any law or the rights of a third‐party.


YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

Limitations of liabilities:

You agree that company’s legal liability, including the liability of its affiliates, officers, directors, shareholders, employees or agents, for any claim made by you arising out of your use of the website or purchase of products or services offered thereon shall be limited to the amount you paid to company. Under no circumstances will special, incidental, consequential or punitive damages be awarded, even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion may not apply to you. However, in states where this limitation of liability may be illegal or otherwise enforceable you agree to the highest limitation of liability as would be permitted under state law as long as it does not exceed what is agreed to in this document. You understand that following this or any fitness advice may lead to injury or death and you agree to assume the risk of injury or death in using this site or purchased products.

Links to third party sites:

The Website may link to other websites that are independent of Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third-party website(s).

Applicable law and competent jurisdiction:

The interpretation and application of these terms of use and general sale, as well as the use of the website to which they relate, are subject to Belgian law. In case of dispute, you agree to first contact us at contact@mindtobefit.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Site, any product, or service, these Terms, the Privacy Policy, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be subject to the exclusive jurisdiction of the Belgian courts, judicial district of Liège. In any case, our liability cannot be sought in case of force majeure as defined by the courts, in the event of a breach or negligence of the customer or the unforeseeable and insurmountable fact of a third party to the contract.

Testimonials and interactive features:

We welcome comments regarding our products and services. Testimonials represent the unique experience of the individual providing the testimonial, and do not necessarily reflect the experience that you may have using our products and services. Your results will vary as we are all different. If you submit a testimonial, product review, or other statement to us, or publish a testimonial, product review, or other statement in other media, including social media, you grant us the irrevocable and worldwide right and license to use it and any other information provided by you in connection with it in any and all forms of media without any compensation to you. We have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Modification or suspension of the website:

You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so. Specifically, we strongly recommend you download all purchased content so that it is available to you in the event this website is no longer live.

Refund policy:

The Company follows a no refund policy on digital products purchased, unless our product is proven to be not as described or faulty. In such cases, Client must contact our customer support at contact@mindtobefit.com within 14 days upon purchase and provide detailed information proving Company’s product fault (with visual proof attached). Once a refund is issued, Client no longer has the access to Company’s products and website (include social media, group or pages). All refunds will be calculated according to the actual purchase price paid at the time of purchase. By purchasing Services, Client agrees to this refund policy and relinquishes any rights to subject it to any questions, judgment or legal actions. Refunds are not available for customers 15 days after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at our sole discretion. If we determine that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund.


We are not liable for any refund amount due to technical problems on your computer, including but not limited to: printer malfunction, inability to install Adobe Acrobat Reader, and/or problems due to Internet connectivity.

“Money Back Guarantee” special guarantee:

Because we are convinced of the effectiveness of our MindToBeFit program, we offer a special guarantee to our customers:

“WE GUARANTEE YOUR MONEY BACK, IF AFTER 30 DAYS OF USING OUR MINDTOBEFIT PROGRAM, YOU HAVE NOT LOST A SINGLE POUND”

Customer has the right to exercise the “Money Back Guarantee” for each first Order of each of the Products concerned subject to the following conditions:

  • the CUSTOMER has used the Products concerned during the entire Program.
  • the CUSTOMER has followed the instructions of use of the Program.
  • the CUSTOMER has used the Products concerned as part of a healthy lifestyle.
  • the CUSTOMER proves that, after one month of use of MindToBeFit program, he didn’t lose even one pound!
  • The guarantee is not valid if the customer has already lost weight during the first 30 days of use of the program and regains it after the 30 days of use.


If the CUSTOMER has complied with the above conditions, the CUSTOMER must exercise the "Money Back Guarantee" within ten (10) days after the period of 30 days of use of our program. After this period, the “Money Back Guarantee” special guarantee can no longer be exercised.


To exercise the “Money Back Guarantee” special guarantee, the CUSTOMER must, within the time limit specified in the preceding paragraph:

  • notify the request to contact@mindtobefit.com.
  • indicate in the request his/her surname, first name, location and e-mail address used at the time of purchase, in order to be able to carry out the necessary research to prove his/her right to the “Money Back Guarantee” special guarantee and the ineffectiveness of the Products concerned in the first Order.
  • accompany the request with the receipt that the Customer received by e-mail after his/her purchase.


If the request for the special guarantee is accepted by the company, refunds will be calculated according to the actual purchase price paid at the time of purchase.

Electronic communications:

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You hereby waive any right you may have to automatically receive a hard copy of any such document from us.

No waiver:

No failure or delay on the part of us in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by us.

Severability:

Except as otherwise provided herein, in the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire agreement:

These Terms, the Agreement, and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

Contacting us:

We encourage our customers to contact us with questions or comments about our products and services.


The website https://www.mindtobefit.com is the property of O.N.J. SPRL.

Contact details and head office: rue de waroux, 39 4450 Juprelle, Belgium

E-mail: contact@mindtobefit.com

Business number: 0875988687

The website is hosted at Systeme.io

Copyright © 2022 MindToBeFit - All right reserved