General Terms Of Use

 

You must create an Account in order to use the Service.

In order to use the Service you warrant that you are at least 16 years old or have your parent’s or guardian’s permission to buy/use the Service.

You must use the Peach Project website and Service only in accordance with our Acceptable Use Policy.

You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, followers, username, or any Account rights. With the exception of people or businesses that are expressly authorized to create Accounts on behalf of their employers or clients, Peach Project prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Peach Project upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You agree that you will not solicit, collect or use the login credentials of other Peach Project.

You are responsible for keeping your password secret and secure.

Any links shared on Peach Project are your responsibility and we take no responsibility for any third party links shared on the Peach Project website. If we find that any third party links you have posted do not comply with our Terms and Conditions, you will be removed from the Service effectively and immediately.

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service. If found doing so we would delete your account and report you to the relevant authorities.

You may not use the Service for any illegal or unauthorized purpose.

You are solely responsible for your conduct and Content that you submit, post or display on or via the Service.

You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Peach Project. 

 

You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Peach Project users.

These terms are governed by Malaysian law and the Malaysia courts shall have exclusive jurisdiction to hear any claim arising out of or in connection with these terms or the use of our products and services.

 

 

Acceptable Use Policy

 

This acceptable use policy sets out the terms between you and us under which you may access the Service. This acceptable use policy applies to all users of, and visitors to, the Service.

 

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which form part of our Terms and Conditions.

 

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.

For the purpose of harming or attempting to harm minors in any way.

To send, knowingly receive, upload, download, use or re-use any material which 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.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our General 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.

Not to harass or abuse our staff through emails, in-app messages, and social media. Any form of abuse will result in your account being blocked and removed from our service.

We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

 

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

 

Contributions must:

Be accurate (where they state facts).

Be genuinely held (where they state opinions).

Comply with applicable law in Malaysia and in any country from which they are posted.

 

Contributions must not:

Contain any material which is defamatory of any person.

Contain any material which is obscene, offensive, hateful or inflammatory.

Promote sexually explicit material.

Promote violence.

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any copyright, database right or trademark of any other person.

Be likely to deceive any person.

Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

Promote any illegal activity.

Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

Be likely to harass, upset, embarrass, alarm or annoy any other person.

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Give the impression that they emanate from us, if this is not the case.

Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of our Terms and Conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

 

 

 

Results Disclaimer

 

While we give you the tools to incorporate fitness in your lifestyle, there is no guarantee that you will receive the same results as the ones being displayed through our social channels (Transformations). You accept the risk that any fitness change, weight loss, or muscle building results differ from one individual to another.

Any testimonials or transformation pictures we share on social media have been approved by our actual clients but are not intended to guarantee any other individual will achieve the exact same results. 

 

 

Health Disclaimer

 

Peach Project services & products has been designed to help you incorporate fitness in your lifestyle and reach your goals. By purchasing or subscribing to our service, you will have access to cardio workouts, weight-training, stretching sessions and other workouts, all designed by our in-house coaches. However, any fitness or nutrition information/content provided in our Website Portals, App or through any of our official social media channels should not be taken as medical advice.

 

We do not hold any medical qualifications and cannot diagnose any medical conditions our subscribers and members may have. All our content is for information purposes only and should not substitute medical advice.

 

Before starting using our service, we recommend you to consult your doctor to confirm your ability to start our nutrition and/or workout plans, especially if you are at risk (due to family history) of any conditions like heart disease, bad cholesterol, obesity, high blood pressure, chest pain, and/or bone/joint problems.

If you are pregnant, you confirm you received approval from your doctor to start our workout programs. If you are using recipes from our nutrition guide featured in our site portal or app, you confirm your doctor approved our recipes to be suitable for your dietary needs.

 

If you feel dizzy, faint, or experience shortness of breath during one of our in-app exercises, you should immediately stop and consult your doctor.

 

You recognise the risk of entering in any physical activity and agree to be solely liable for any physical injury that may occur while entering any workout from our Peach Project Website Portal or App. 

 

Nutritional Information:

Within the provided meal plans, the nutritional data is verified by our qualified in-house nutritionist and the nutritional value information is sourced from the U.S. DEPARTMENT OF AGRICULTURE

 

Agricultural Research Service

https://fdc.nal.usda.gov/index.html

Testimonials Disclaimer

Peach Project may request Client provide a testimonial to be published on Peach Project’s website, or on various sales materials for Peach Project’s membership, services, products or another Program created by Peach Project. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Peach Project and Client if Client refuses testimonial. 

If Client accepts and provides Peach Project with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Peach Project’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming the same, and confirming Peach Project’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Peach Project an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Peach Project as part of a Testimonial. 

Client gives Peach Project an unlimited, irrevocable license to repost, share, publish, and otherwise use the text, name, and/or likeness of Client which client voluntarily posts to social media or sends in via email, including but not limited to ALL Peach Project’s Social Media Platforms, Instagram comments, Instagram DMs to Peach Project, Yasmin Shahira’s Social Media Platforms, and Twitter comments. Client understands and agrees any such comments or messages sent or posted by Client may be captured and reposted by Peach Project in any capacity it sees fit, including but not limited to sharing in email marketing, reposting to the public on social media, and otherwise sharing the comment with the public in an effort to publicize and market for Peach Project.

 

 

Membership Subscription Information (Peach Project Membership)

 

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of a subscription to the Monthly Membership Subscription Entitled Peach Project Membership (hereinafter “Client”) acknowledge the terms as outlined herein, and agree and willingly purchase entry into The Peach Project Membership to be provided with services rendered by FZGEAR Holdings Sdn. Bhd. (hereinafter “Peach Project ”), and you agree you are voluntarily entering into a legally binding Agreement, including the automatic renewal terms, with Peach Project, inclusive of the following terms and conditions mutually agreed upon: 

 

For good and valuable consideration of Eight-eight Ringgit Malaysia (MYR88) Client has agreed to purchase a monthly subscription to The Peach Project Membership. In exchange, Peach Project agrees to provide the services outlined in the Peach Project Membership.

 

We (Peach Project) offer a subscription-based service. It is a monthly membership. Our membership subscriptions can be purchased from our website:

www.teampeachproject.com/membership

 

We are partnered with a third-party company, My PT Hub as our App Provider, to host and operate our App for the monthly subscription membership.

 

Apple and Google Application stores

The download and usage of the Peach Project (My PT Hub) application is free of charge. In order to access all the guides, workouts, nutrition plans and other features the Peach Project application offers, we offer the following auto-renewing subscriptions:

RM88 per month (Standard Price) or

RM58 per month (Only Applicable For Offer Price)

 

We reserve the right to add, remove or change plans, prices and currencies, at any time.

 

Payment Transactions are processed securely through the payment gateway used by the Application Store provider and our choice of payment gateway.

 

For any billing/payment related issue, you must liaise directly with Peach Project by reaching out via email to support@teampeachproject.com.

 

 

Website Subscription Purchase

Any website subscription purchase is managed and billed by us

All transactions are processed securely through our third party payment gateway, Stripe. All payment transactions are PCI compliant, this means we do not and will not store your payment card details.

You are responsible for notifying us of any change in your payment method. In case payment failure occurs for any reason, we reserve the right to cancel your subscription until we collect the full amount of your subscription.

 

Promotions

We may offer promotional campaigns like special prices, student discounts, or additional free trials, from time to time. Those will be part of separate terms and conditions and it will be your responsibility to read and agree to those terms.

 

Cancellation Policy

You can cancel your subscription at any time, regardless of your subscription status being “in Trial” or “Active”. Your subscription will automatically renew and you will be charged, unless you cancel 24 hours before the start of your next billing period.

Once your subscription has been canceled, you will still have access to The Peach Project Membership, until the end of your billing period.

 

If Client wishes to cancel or unsubscribe his or her membership, Client must do so more than 24 hours before the charge is scheduled to withdraw. Any requests for cancellation made less than 24 hours before the automatic renewal is scheduled to charge the Client's card, or made subsequent to the charge, will take effect the following month.

 

Email support@teampeachproject.com with your one-time request to “freeze” membership more than two (2) business days prior to Client’s scheduled billing date. If approved, Client will not be charged for the following two (2) consecutive months only. Client may request one (1) additional pause of two (2) months by emailing the above email address again, for a total of four (4) months, before membership will automatically begin again.

 

If Client cannot make payments following this four (4) month pause, Client must cancel or unsubscribe the membership to avoid being charged. 

 

If Client fails to request an additional two (2) month pause with two (2) business days’ notice and is charged after the initial 2 month pause, this amount may not be refunded or canceled. Client must request the freeze prior to the billing date in order to receive consideration for a membership pause. 

 

If Client purchased access to The Peach Project during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount of RM88 following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month. 

Refund Policy

Peach Project is not able to offer refunds once Client has purchased access to The Peach Project Membership and or any Digital Programs, Services and Products for any reason, including inability to obtain access to the site. If Client is dissatisfied with his or her membership or otherwise unable to view it in its entirety, he or she may reach out to customer service at support@teampeachproject.com or may elect to Cancel via the CANCELATION POLICY outlined above and will not be charged for subsequent months. 

 

Client further agrees and understands that changing his/her mind about the The Peach Project Membership, failing to follow through or understand the details of the The Peach Project Membership, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle his/her to a refund.

 

Refunds are not eligible for the following reasons:

Unused subscription

Inability to use the app for personal or medical conditions

Any other similar reason or event.

 

 

Auto-Renewal Agreement

Client understands and agrees that continued access to The Peach Project Membership requires recurring monthly payments of RM88, that will be made by Client on the day of the month or year on which they signed up. (For example, if Client joins The Peach Project Membership on the 5th of the month via monthly membership, they will continue to be charged on the 5th of every month thereafter.) 

 

If Client elects to be charged monthly: by purchasing access to The Peach Project Membership, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each month, in the amount of RM88 via the same card or manner in which the initial payment was made, for the following month of membership to The Peach Project Membership. This process will repeat each month unless and until the Client properly cancels or unsubscribes his or her membership. 

Rights and Ownership

 

Peach Project does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Peach Project a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to our Privacy Policy.

 

You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms and Conditions; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction.

 

The Service contains Content owned or licensed by Peach Project. You will not remove, alter or conceal any proprietary rights or accompanying the Peach Project Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Peach Project content.

 

The Peach Project name and logo are trademarks of Peach Project (FZGEAR Holdings Sdn. Bhd) and may not be copied, imitated or used, in whole or in part, without the prior written permission of Peach Project. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Peach Project, and may not be copied, imitated or used, in whole or in part, without prior written permission from Peach Project.

You agree that Peach Project is not responsible for, and does not endorse nor monitor, any third party Content posted within the Service. Peach Project does not have any obligation to pre-screen, monitor, edit, or remove any third party Content. If your Content violates these Terms and Conditions, you may bear legal responsibility for that Content.