Terms of service

Overview

Welcome to Byzoom Fitness USA! The terms “we,” “us,” and “our” refer to Byzoom Fitness USA. Byzoom Fitness USA operates this store and website, including all related information, content, features, tools, products, and services, designed to provide you (the “customer”) with a carefully curated shopping experience (collectively, the “Service”). Byzoom Fitness USA is supported by Shopify technology, which enables us to provide this Service to you.

These Terms and Conditions, together with any policies referenced herein (collectively, the “Terms of Service” or the “Terms”), outline your rights and responsibilities when using the Service.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including disclaimers and limitations of liability.

By visiting, interacting with, or using our Service, you agree to be bound by these Terms of Service as well as our Privacy Policy [link]. If you do not agree with these Terms of Service or the Privacy Policy, you must not use or access our Service.

 

Section 1 – Access and Accounts

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you consent to allow any of your minor dependents to use our Service on devices owned, purchased, or managed by you.

To access or use the Service, including browsing our online store or purchasing any of our products or services, you may be required to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, complete, and current, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign, or otherwise authorize your account to any other person.

 

Section 2 – Our Products

We have made every effort to accurately display our products and services in our online store. However, please note that the actual colors or appearance of products may differ from what you see on your screen due to the type, settings, and configurations of the device you use to access the store.

We do not guarantee that any product or service purchased will meet your expectations or exactly match the description or presentation on our online store.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may, at our discretion, limit the quantities of products offered to any person, geographic region, or jurisdiction.

 

Section 3 – Orders

When you place an order, you are making an offer to purchase. Byzoom Fitness USA reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is not finalized until accepted by Byzoom Fitness USA. We must receive and process your payment before your order is accepted.

Please review your order carefully before submission, as Byzoom Fitness USA may be unable to cancel your order once accepted. If we do not accept, modify, or cancel your order, we will attempt to notify you using the email address, billing address, and/or phone number provided at checkout.

Your purchase transactions are subject only to our Refund Policy [link].

You represent and warrant that you are purchasing products for personal or household use only, and not for commercial resale or export purposes.

 

Section 4 – Pricing and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time you place your order and will be set out in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, duties, or import fees.

Prices shown in our online store may differ from those in physical retail locations or third-party-operated stores. From time to time, we may offer promotional discounts that affect pricing. Such promotions are governed by separate terms and conditions, which shall prevail in the event of any conflict with these Terms.

You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions at our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use such credit card for purchases; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred at the posted prices, including shipping, handling, and applicable taxes, if any.

 

Section 5 – Shipping and Delivery

We are not responsible for shipping or delivery delays. All delivery times are estimates only and cannot be guaranteed. We are not liable for delays caused by carriers, customs processes, or events beyond our control. Title and risk of loss transfer to you when products are delivered to the carrier.

 

Section 6 – Intellectual Property

The Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and related design, selection, and arrangement, is owned by Byzoom Fitness USA, its affiliates, or licensors, and is protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Service for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material related to the Service without our prior written consent.

Except as expressly provided in these Terms, nothing herein grants or shall be construed as granting any license or right to any patent, trademark, copyright, or other intellectual property of Byzoom Fitness USA, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. Byzoom Fitness USA reserves all rights not expressly granted in these Terms.

The names, logos, product and service names, designs, and slogans of Byzoom Fitness USA are trademarks of Byzoom Fitness USA, its affiliates, or licensors. You may not use such marks without prior written permission from Byzoom Fitness USA. The names, logos, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Service are trademarks of their respective owners.

 

Section 7 – Optional Tools

As part of the Service, we may provide you with access to third-party tools, over which we neither monitor nor exercise control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools provided through the Service is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Service (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

 

Section 8 – Third-Party Links

The Service may include materials or hyperlinks to websites operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating such third-party materials or websites, and we do not warrant or assume any responsibility for their content or accuracy.

If you choose to leave the Service to access such materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to, or purchase or use of, products, services, resources, or content available through third-party websites. Please carefully review third-party policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

Section 9 – Relationship with Shopify

[Merchant Notice: This section must accurately describe Shopify’s relationship with your store and should not be removed or modified.]

Byzoom Fitness USA is supported by Shopify technology, which enables us to provide the Service. However, any sales or purchases you make through our store are conducted directly with Byzoom Fitness USA.

By using the Service, you acknowledge and agree that Shopify is not a party to any such sales between you and Byzoom Fitness USA and has no liability whatsoever in connection with such transactions, including for any injuries, damages, or losses related to products or services purchased.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Byzoom Fitness USA.

 

Section 10 – Privacy Policy

All personal information we collect through the Service is governed by our Privacy Policy , and certain personal information may also be governed by Shopify’s Privacy Policy (available here). By using the Service, you acknowledge that you have read these privacy policies.

Because the Service is hosted by Shopify, Shopify will collect and process personal information about your access to and use of the Service in order to provide and improve the Service. Information you submit to the Service may be transmitted to and shared with Shopify and third parties located outside your country of residence for the purpose of providing the Service.

Please review our Privacy Policy [link] to learn more about how we, Shopify, and our partners use your personal information.

 

Section 11 – Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other materials (collectively, “Feedback”), you grant us a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose (including commercial purposes). For example, we may exercise the rights granted under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to perform and enforce our obligations and rights under these Terms of Service.

You also represent and warrant that: (i) you own or otherwise control all of the rights necessary to submit all Feedback; (ii) you have disclosed any compensation or reward received in connection with submitting the Feedback; and (iii) your Feedback will comply with these Terms.

We are under no obligation to: (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback. We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, unlawful, abusive, or obscene material, or any computer virus or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

 

Section 12 – Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our website or in the Services that contains typographical errors, inaccuracies, or omissions, which may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order).

 

Section 13 – Prohibited Uses
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for any of the following purposes:
(a) any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person;
(e) to submit false or misleading information;
(f) to transmit, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
(g) to transmit or facilitate the transmission of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation;
(h) to impersonate or attempt to impersonate any other person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which we determine may harm Byzoom Fitness USA, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) send spam, engage in phishing, pharming, pretexting, spidering, crawling, or scraping; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the internet.

We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated any provision of these Terms.

 

Section 14 – Termination
We may terminate this Agreement or your access to the Services (or any part thereof) at any time, without notice, in our sole discretion. You will remain liable for all amounts due up to and including the date of termination.

The following provisions will survive any termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

 

Section 15 - Disclaimer
The information provided on or through the Service is for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its content.
Except as expressly stated by Byzoom Fitness USA, the Service and all products available through the Service are provided for your use on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

 

Section 16 – Limitation of Liability
To the maximum extent permitted by law, under no circumstances shall Byzoom Fitness USA, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or any other legal theory, arising from your use of any part of the service or any products purchased through the service, or in connection with any other claims related to your use of the service or any products. This includes, without limitation, any errors or omissions in any content or any loss or damage of any kind resulting from the use of the service or the posting, transmission, or otherwise providing of any content (or products) through the service, even if we have been advised of the possibility of such damages.

 

Section 17 – Indemnification
You agree to indemnify, defend, and hold harmless Byzoom Fitness USA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claims or demands, including reasonable attorney’s fees, arising from or related to: (1) your violation of these Terms of Service or any documents referenced herein; (2) your violation of any law or infringement of third-party rights; or (3) your access to or use of the service.
We will notify you of any indemnifiable claim. Except where it would materially affect you, our failure to provide timely notice does not relieve you of your indemnification obligations. We may control the defense and settlement of such claims (including selection of counsel) at your expense, but without your consent (which you may not unreasonably withhold), we will not settle any claim that imposes non-monetary obligations on you. You must cooperate in the defense of these claims, including providing relevant documents.

 

Section 18 – Severability
If any provision of these Terms of Service is found to be illegal, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any remaining provisions.

 

Section 19 – Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operational rules posted on this website or related to the service, constitute the entire agreement and understanding between you and us, and supersede any prior or contemporaneous oral or written agreements, communications, and proposals between you and us (including any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafter.

 

Section 20 – Assignment
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may assign, transfer, or delegate these Terms, and our rights and obligations hereunder, without your consent or prior notice.

 

Section 21 – Governing Law
These Terms of Service, as well as any individual agreements by which we provide the services, shall be governed by and construed in accordance with the laws of the jurisdiction where Byzoom Fitness USA is headquartered, including its federal, state, or local courts. You and Byzoom Fitness USA agree to the jurisdiction and venue of such courts.

Section 22 – Headings
The headings used in this Agreement are provided for convenience only and shall not limit or otherwise affect these Terms.

Section 23 – Changes to Terms of Service
You may review the latest version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to regularly check our website for any changes to the Terms. We will notify you of any material changes as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to our website or services after any changes have been posted constitutes your acceptance of those changes.

Section 24 – Contact Information
Questions regarding these Terms of Service should be sent to us via the following email address: byzoom_usa@byzoomfitness.com

Our contact information is as follows:
Byzoom Fitness USA
Email: byzoom_usa@byzoomfitness.com
Address: 5101 Santa Monica Blvd Ste 8, 259, Los Angeles, CA 90029