Terms of Service
The ZingaraFit website is designed to automate the process of locating and booking qualified instructors. The ZingaraFit website (collectively “ZingaraFit”) is operated by ZingaraFit, a Hong Kong limited liability company (collectively, “us”, “we”, or “the Company”) This is a legal agreement between you and ZingaraFit Limited. These terms of service govern your access to and use of the ZingaraFit website (collectively the “Site”).
By using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service (“Terms”), whether or not you become a registered “User” (which means you have created an account or booked a training session) of the service.
If you do not agree or are unable to agree to be bound by these Terms of Service, do not use ZingaraFit or the services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
By using the ZingaraFit website, you signify your consent with our Terms of Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service effective date. Your continued use of the site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access ZingaraFit. It is your responsibility to regularly review these Terms of Service.
Nature of Service
ZingaraFit is an online platform designed to help Users find and book training services through online listings offered by instructors. ZingaraFit is an online venue for Users to learn about one another, and if they wish, arrange training sessions with one another. We are not involved in the actual face-to-face contact between Users. Users arrange for the services solely between themselves, and ZingaraFit is not a party to any of those arrangements. ZingaraFit is not a referral, matching, or placement service, and does not provide, refer, place, or seek to obtain employment or engagements for any of its Users. You understand and agree that ZingaraFit is not a party to any agreements entered between the Users, nor is ZingaraFit a broker or agent.
ZingaraFit does not screen or verify any content submitted by a User or anyone other than by ZingaraFit (“user content”) including but not limited to User profiles and reviews. As a result, the Site has no control over the accuracy, reliability, completeness, timeliness of profiles, reviews, background check information, affiliations or other User content submitted on the Site, and makes no representations about any such User content on the Site. ZingaraFit does not have control, supervise or provide equipment to the instructors, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by instructors.
To help ensure instructor quality, ZingaraFit offers a payment policy to safeguard the payments between users and instructors.
ZingaraFit further makes no representations about the Users. Instructors should make their own assessments of the persons they decide to interact with, engage or provide services to. ZingaraFit has no control over the conduct of Users on the site and disclaims all liability in this regard.
Because we are not involved in user-to-user dealings or control the behavior of Users, Users must resolve any issues, disputes, or concerns directly with each other. You agree to release ZingaraFit from any claims or liability that may arise from any disputes between you and other Users.
In connection with your use of this Site, you will not;
- Use the Site to find an instructor and then complete the transaction offline in order to circumvent your obligation to pay for the service.
- Use the Site to recruit or solicit Users for employment, or contact Users to conduct business on behalf of a third party fitness training service or network of instructors.
- Use the Site for competitive purposes, such as to ascertain the features or technical infrastructure of the site.
The foregoing is a list of examples of prohibited conduct. To protect Users from such activity, we reserve the right to take appropriate actions, including but not limited to, restricting the number of messages which a User may send to other Users through the Site, terminating accounts, or blocking users with certain IP addresses from accessing the Site.
User Content and Communication
As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles (“Profiles”), reviews of Instructors (“Reviews”), and messages to other Users. You are solely responsible for any User Content you post on the Site or transmit to other Users. You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
- Contains or discloses another person’s personal information without his or her written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- Implies that the User Content is in any way endorsed or sponsored by ZingaraFit;
- Is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, discrimination, bigotry, hatred or physical harm of any kind;
- Is intended to harass, annoy, threaten or intimidate any other User on the Site;
- Is false, abusive, misleading, defamatory, inaccurate, obscene, profane, sexually oriented, or otherwise objectionable;
- Involves the transmission of junk mail, chain letters or unsolicited mass mailing or spamming, phishing, trolling, or other similar activities;
- That otherwise violates (A) the rights of third parties, including rights of privacy or publicity, or (B) violates applicable laws and regulations.
We may monitor User Content submitted on the Site, including Profiles, Reviews, or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms, (ii) might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of ZingaraFit.
By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant to ZingaraFit an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Users will have the opportunity to provide Reviews about Instructors they have used. Reviews should not include any personal information about an Instructor that is not disclosed in the Instructor’s public Profile. (for example, the Review should not include the Instructor’s phone number) Reviews should be limited to your personal firsthand experience (not what you heard from someone else) and should be factually accurate. As with other User Content, we reserve the right to remove any Review that we feel violates these guidelines.
As part of the Site, ZingaraFit occasionally shares Instructor’s Profile photo with Site Users and the public. (For example, an Instructor may be chosen to be featured as a ‘Featured Instructor’) You agree that ZingaraFit may, at its sole discretion, publish these photos on the Site and across social media including Facebook, Instagram, Pinterest, and similar sites.
Bookings and Financial Terms
ZingaraFit charges a service fee of 15% to the Instructor to cover the cost of marketing, payment processing and site administration. For Instructor payouts, please note PayPal charges an additional 2.9% plus $0.30USD per transaction. ZingaraFit does not charge fees for the creation of Instructor’s listings. As a User, you may book Instructor-Provided-Services through the Site. In connection with the User requested booking, the User will be asked to provide customary billing information such as name, billing address and credit card information either to ZingaraFit or its third party payment processor.
Termination and Account Cancellation
ZingaraFit may for any reason, with or without notice, (i) terminate or suspend your account and your access to the Site and/or (ii) remove your profile and/or content posted by or about you, from the Site. Unless otherwise decided by ZingaraFit, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s account, ZingaraFit may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by ZingaraFit, you may not re-register without ZingaraFit’s consent.
If you have any questions or need further information regarding the Site or Services, or need to notify ZingaraFit as to any matters concerning the Site or Services please contact us at firstname.lastname@example.org.