TERMS AND CONDITIONs
These are the General Terms and Conditions, as used by Mariano Farrugia, registered at the Ministry of
Finance in Valletta, with number MT19745309 and/or Milram Limited, a limited liability company
registered in accordance with the Laws of Malta, with its main office situated at 20, Triq il-konvoj ta Santa
Maria, Mqabba Bypass, Mqabba, Malta (hereafter: “Mariano.Club”).
By making use of the website, mobile apps and any other products and services of Mariano.Club (hereafter:
“the Products”) you declare to explicitly agree with all General Terms and Conditions
of Mariano.Club (hereafter: “Terms and Conditions”). The Terms and Conditions apply
to Mariano.Club`s end-users (hereafter: “Consumers”) and the Mariano.Club business users
of Mariano.Club Professional products and services (hereafter: “Professional Clients”) and their clients
(hereafter: “Client Members”). Consumers, Professional Clients and Client Members will be referred to in
general as “Users”. Users and Mariano.Club will be referred to as “Parties”.
MARIANO.CLUB ONLINE APP OPERATES UNDER THE THIRD PARTY SOFTWARE
2.1 The use of the Products is only allowed if the General Terms and Conditions and the Privacy Statement
are agreed upon, with a few exceptions in a number of cases mentioned hereafter. Therefore, by using one or
more Products, the Party declares to agree with the Terms and Conditions.
2.2 Virtuagym reserves the right to forbid the use of and/or access to her products without (prior) notice or
reason, in example by blocking or removing profiles or by blocking IP-addresses of computers, in
case Mariano.Club finds this appropriate due to whatever reason.
2.3 Consumer Profiles are restricted to natural persons for personal use only.
2.4 Profiles contrary to previous rules can be removed, without prior notice.
3.Objectionable Content Policy
Content may not be submitted to the Products and Mariano.Club moderates all content and ultimately
decides whether or not to post a submission to the extent such content includes, is in conjunction with, or
alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually
explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or
profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark,
privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that
promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms;
and (v) gambling, including without limitation, any online casino, sportsbooks, bingo or poker.
By using the Products of Mariano.Club, you represent and warrant that (a) you are 16 years of age or older
and you agree to be bound by this Agreement; (b) if you are under 16 years of age, you have obtained
verifiable consent from a parent or legal guardian; and (c) your use of the Products does not violate any
applicable law or regulation. Your access to the Products may be terminated without warning
if Mariano.Club believes, in its sole discretion, that you are under the age of 16 years and have not obtained
verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your
consent to your child’s use of the Products, you agree to be bound by this Agreement in respect to your
child’s use of the Products.
5.1 Although the information on this website and contained within the other Products – with the exception of
the user generated content – is made with great care, a complete accuracy, reliability or suitability
whatsoever cannot be guaranteed. Therefore, in case you rely on the information on this website or contained
within the other Products, whether or not originating from Mariano.Club or one of its employees, this
is completely at your own risk. Users agree that the use of products or services, apps or any content provided
is at his or her own risk and assumes the risk of injury and damage that may be suffered, whether while
engaging in physical exercise or not.
5.2 The information is explicitly not meant for replacing medical care, medical advice or support by
professionals within other disciplines. Mariano.Club should in example never be used for (self)diagnosis. In
any case it is strongly recommended that users immediately consult their doctor with any medical questions,
complaints and/or symptoms.
5.3 By accepting these Terms and Conditions the Party explicitly recognises that Mariano.Club cannot be
held liable for any defects and/or wrong information contained within the information offered, and the
possible damage that may occur in result thereof.
6.Physical exercise and Nutrition
6.1 Performing physical exercise or following a meal plan can pose a health risk, ranging from injuries to
death. Users that wish to start with any form of physical exercise or a diet plan with the Products, must
always consult their doctor and/or dietitian prior to starting said exercise or plan. Users who experience any
form of pain or become dizzy or short of breath should immediately stop the physical exercise or their meal
plan and contact a doctor for advice. User agrees for his or her self and for anyone entitled to act on their
behalf, to HOLD HARMLESS, WAIVE AND RELEASE Mariano.club, including but not limited to its
officers, agents, employees, organisers, representatives and successors from any responsibility, liability,
demands or claims of any kind arising out of the participation in the above-mentioned activities and their
7.Rights of intellectual property
7.1 By accepting these Terms and Conditions the Party explicitly recognises that all designs, information,
images and other content within the Products – with exception of user generated content – are property
of Mariano.Club, and are protected by relevant laws of intellectual property, including but not restricted to
copyrights, trademark rights, database rights, neighbouring rights, patents and design rights.
7.2 Mariano.Club grants users a limited, personal, non-exclusive, non sub licensable, non-transferable and
revocable right to use the Products for personal purposes and under the terms and conditions, as stated in
these General Terms and Conditions.
7.3 It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and
other content for direct or indirect commercial purposes, unless explicitly agreed in written form
7.4 The Party declares not to perform any acts which infringe or can infringe the (intellectual property- or
database) rights of Mariano.Club or third parties.
8.Licensing for shared information
8.1 The Party grants Mariano.Club in exchange for the services granted by Mariano.Club a continued,
worldwide, unlimited, irrevocably, non-exclusive license without any extra remuneration by Mariano.Club,
including the right to sub-license, to all information, including but not limited for texts, images, photos,
video and sound files, designs and user information, which is uploaded to, shared with or saved within the
Products or shared with Mariano.Club in any other way by the Party (hereafter: “the Shared Information”), to
use, copy, distribute, transfer, perform, modify, or use otherwise, for commercial or other purposes through
all existing media.
8.2 By accepting the General Terms of Conditions, the opposite party guarantees that the Shared Information
does not infringe any intellectual property right, privacy or other rights of third parties, does not contravene
the law or is otherwise offensive, does not constitute threat or defamation, is free from viruses or other code
which is harmful or can be harmful to computers, other electronics or the data or programs contained
thereon, and has no commercial purpose.
8.3 The Party remains fully responsible and liable for any direct or indirect damage caused
for Mariano.Club and third parties due the Shared Information by the Party.
8.4. User information and registration
The Party declares that the information provided, in example for registration, is correct and complete and
that it will update these where possible within the Products, in case of changes. Any passwords should be
kept carefully and may not be shared with third parties.
8.5 The Party may not grant third parties access to Products via his own registered account. In case the Party
share his account access information with third parties, he will be fully responsible and liable for direct and
indirect damage resulting thereof.
8.6 The Party agrees that Mariano.Club saves, processes and stores all the data provided by the Party,
including through use of the Products.
9.1 Mariano.Club may send varying communications to users via the Products, including update notifications
or reminders, e-mails. Users can indicate at the settings until what extend they wish to receive said
communications. For any enquiries / questions / difficulties users may encounter, all communication should
be via emails on email@example.com .
9.2 The Party agrees that Mariano.Club may approach the Party for important changes or updates of the
Products, in case deemed necessary by Mariano.Club. Such communication shall in principle never contain
any commercial messages from third parties.
9.3 The Party declares not to send spam, or any other communications which is undesired by the receiver,
being commercial or otherwise, including but not limited to threatening, aggressive, obscene, ignominious,
offending, privacy infringing or commercial communications. Any acts contrary to these condition can – as
with the other conditions – result in immediate denial of access and use of the Products and termination of
the user license.
9.4 Mariano.Club is at any time free to delete any user communications or other shared Information without
any prior or further notice if these are regarded to be below standard or otherwise inappropriate
9.5 For all communication and contact via the Products the following user guidelines apply: a) Keep it
always fun and positive! b) Treat each other with respect c) Respect each others opinion, even if you do not
agree with it d) Do not place “off-topic” messages within discussions e) Do not bother people with irrelevant
matters f) Do not advertise for any products or services
10.Information from third parties
10.1 The Products may contain information from third parties or refer thereto, including but not restricted to
information created by users, advertisements, banners and website links (hereafter: “Information from Third
10.2 Information from Third Parties generally is and cannot be previously checked by Mariano.Club, which
means that we can not guarantee the quality and validity thereof. Mariano.Club is not responsible or liable
for Information from Third Parties, nor for the possible direct or indirect damage which may result from it.
11.1 After a report Mariano.Club will investigate the presence of unlawful information in one or more of the
Products within a reasonable time and will take action against it if possible. Any unlawful communication
should be reported directly via e-mail to firstname.lastname@example.org.
11.2 This report should in any case contain the following information: a) the URL where the alleged
unlawful information can be found. b) your explicit statement that the material is unlawful and why. c) in
case it is a case of infringement of rights of intellectual property, you need to substantiate that you are the
rightful owner of said rights, and to which extent the information infringes said rights. d) in case you
represent someone else, an authorization which allows you to act on behalf of the rightful claimant, signed
by the rightful claimant. e) Your name, email address, address and phone number, so that Mariano.Club can
12.1 The listed prices of the Products are in Euro’s and inclusive VAT, unless explicitly stated otherwise.
12.2 All listed prices are conditional and can be adjusted without prior notice.
12.3 Termination of periodical subscriptions cannot take effect before the end of the period that has been
agreed upon. All subscriptions are Non-Transferable & Non-Refundable and Services purchased will be
provided within 7 working days from when full payment is done.
12.4 Please note that the online packages offered on the website are complete online packages which are not
valid for use in our gyms in Malta, Europe. Should users like to make use of also our gym services including
monthly weigh-ins, it is possible against an extra one time fee of €100 at our premises. For any further
information email us on email@example.com.
13.Modifications to the Products
13.1 Mariano.Club explicit reserves the right at any time to modify, stop or change a part of, or the whole of
one or more of the Products, for a determined period or always, without prior notification or after to the
Party, whether it concerns paid or unpaid Products.
13.2 This may also result in inaccessibility or loss of a part or the whole of the Shared Information, including
the Shared Information of the Party. Mariano.Club cannot be held liable for any direct or indirect damage
13.3 In case of such a modification of the Products, for whatever reason, the Party will have on his request
the (already) paid amounts to Mariano.Club or her partners refunded pro ratio.
14.Modification of the General Terms and Conditions
14.1 Mariano.Club reserves the right to change her General Terms and Conditions at any time. After such a
modification the changed General Terms and Conditions will be offered for inspection immediately on the
14.2 By using the website and the other products of Mariano.Club after changes to the General Terms and
Conditions the Party declares to agree to the new General Terms and Conditions.
15.Conformity and exclusion of liability
15.1 The Products and the content thereof are delivered by Mariano.Club as such, including potential
15.2 Nor Mariano.Club, nor her partners or suppliers give any guarantee, explicit of implicit, regarding the
functionality of the Products or any content thereof.
15.3 Mariano.Club cannot and does not guarantee that the Products are available at any moment at any
location, and that said availability occurs safely, or that any errors will be solved or that the Products are free
from viruses or other potentially damaging software or parts.
15.4 The Party acknowledges that the Products may contain potential (hidden) defects and accepts the risks
for any direct or indirect damage which may occur thereof. The Party cannot terminate an agreement based
16.1 By using the Products the Party provides an electronic signature so that these General Terms and
17.Application and competence
17.1 These General Terms and Conditions replace all prior agreements or commitments, unless these are
explicit agreed upon by an authorized director of Mariano.Club.
17.2 One or more parts of these General Terms and Conditions may not apply in the applicable legal system.
In such a case the remaining parts of this agreement remain valid between parties.
17.3 Maltese Law applies to this agreement. When User makes use of provided service and products agree to
abide to civil, commercial, intellectual property, communications and liable laws which apply in the
Republic of Malta, regardless of your location of origin. Any disputes which may result from this agreement
will be exclusively decided upon by the competent court in Valletta, Malta, Europe.
DISCLAIMER: THE TESTIMONIALS OF TRANSFORMATIONS SHOWN ARE BASED ON ACTIVE PARTICIPATION IN PACKAGES OFFERED BY MARIANO.CLUB. RESULTS MAY VARY BASED ON INDIVIDUAL USER, SHOULD NOT BE CONSIDERED TYPICAL AND ARE NOT GUARANTEED. EVERY TESTIMONIAL ON THIS WEBSITE IS FROM A REAL MARIANO.CLUB CUSTOMER WHO USED THE SERVICES AND PACKAGES PROVIDED. NO ONE WAS PAID FOR A TESTIMONIAL OR ENDORSEMENT. BEFORE AND AFTER PHOTOS WERE NOT RETOUCHED OR ALTERED.