Terms and conditions
END-USER LICENCE AGREEMENT
1 Welcome
Fitzapp is a an audio and video based fitness app primarily focusing on providing variety routines and encouraging fitness for people, which is owned and operated by Fitzapp (ABN: 80 323 131 303) (we, us, our).
2 Agreement
This End-User Licence Agreement (Agreement) is a legal agreement between you and us regarding your use of the Fitzapp mobile device application (App). Please read these Agreement terms carefully before installing and using the App.
3 Acceptance
By installing or using the App, you agree to be bound by these Agreement terms. If you do not agree with these Agreement terms, you must not install or use the App.
4 Licence
Subject to these Agreement terms, we grant you a revocable, non-transferable, non-exclusive and limited licence to install and use the App on your personal mobile device, in a machine executable object code form, for your personal use only (Licence).
5 Changes to the App and Agreement Terms
5.1 We may modify, change or update the App at any time, with or without notice. In the event of any such modification, change or update, we do not represent that any features or functionalities of the App will remain.
5.2 We may review and update these Agreement terms at any time, with or without notice. Your use of the App will be governed by the most recent Agreement terms made available via the App. By continuing to use the App, you agree to be bound by the most recent Agreement terms. It is your responsibility to check the App regularly for the most recent version of the Agreement terms.
6 Eligibility
6.1 In order to be eligible to use the App you must:
(a) be over the age of 18;
(b) not have a serious health condition; and
(c) Register with us as an account holder, by completing the relevant registration forms.
7 Account and Login Details
7.1 As a registered account holder you will receive a login and password (Login Details), which you can use to access the App. We will send you your Login Details in a confirmation email.
7.2 In order to receive your Login Details you must provide information about yourself, including your name and an email address (Account Information). You agree to provide true, accurate, current and complete Account Information, and to maintain and promptly update your Account Information in order to ensure that it remains true, accurate, current and complete.
7.3 Alternatively you can choose to use your Facebook credentials to login.
7.4 You must not have more than one active account at any time, whether this is by use of a different name, email address, an alias or any other combination.
8 Permitted Use and Restrictions
8.1 You must:
(a) use the App in accordance with these Agreement terms, our reasonable directions, our content requirements and all applicable laws;
(b) take reasonable steps to protect your Login Details from unauthorised use; and
(c) ensure that no data, information or other content posted, entered or uploaded onto the App is inappropriate or may cause offence, distress, menace or harassment (including profanities or indecent, obscene, racist, sexist, defamatory or other discriminatory content).
8.2 You must not:
(a) use the App for any commercial purpose;
(b) assign, sub-licence, grant a security interest over or otherwise transfer any of your rights in respect of the App;
(c) provide your Login Details to any other person, nor allow any other person to use your Login Details;
(d) copy, reproduce, store, transmit, publish, modify, translate into any language, disassemble, reverse engineer, reverse assemble or otherwise create derivate works from any part of the App or its contents, except and only to the extent that such activity is expressly permitted by these Agreement terms or applicable laws;
(e) access or use the App in a manner which would expose us to the risk of any claims or other legal or administrative actions;
(f) use the App to distribute any form of malicious, destructive or harmful code (including viruses, Trojan horses and worms) or any instructions activating such codes;
(g) use the App in a manner which interferes, or threatens to interfere, with the efficiency or security of the App (or the servers or networks connected to the App) or the provision of the App by us to another person; or
(h) use the App in a manner which infringes any other person’s intellectual property rights, privacy rights or confidential information.
8.3 We may investigate your use of the App in order to determine if a violation of these Agreement terms has occurred or to comply with applicable laws.
9 Fees
9.1 You must pay all applicable fees relating to your use of the App, its content, and the Licence.
9.2 You agree that the prices, fees and charges displayed within the App are current at the time of display and may vary at any time with or without notice.
9.3 All payments made to us for use and access to the App are final and non-refundable.
9.4 You are responsible for any data usage fees and other third party charges you incur in connection with your access to, download and use of the App (including the fees that may be charged by your mobile network operator and/or other service providers).
10 Intellectual Property Rights
10.1 All rights (including intellectual property rights such as copyright and trade marks), whether subsisting now or in the future, in the App and its contents are owned by or licensed to us.
10.2 We reserve all rights which are not expressly granted to you under this Agreement.
11 Warranties and Disclaimer
11.1 The App is provided to you on an “as is” and “as available” basis. You agree that your use of the App is at your sole risk. Without limiting clause 14 below, we do not warrant that:
(a) the App or its contents will meet your specific needs or requirements;
(b) the App or its contents will be uninterrupted, timely, secure or error-free;
(c) the App or its contents will be of merchantable quality or fit for any purpose;
(d) the results (including any test or assessment results) which may be obtained from the use of the App will be accurate or reliable;
(e) the quality of any products, services, information or other material you obtain or purchase through the App will meet your expectations; or
(f) errors in the App or its contents will be corrected.
11.2 The App is not intended to be a substitute for medical or professional advice and the content delivered through the App is in summary form, is general in nature and is provided for informational purposes only. Always seek the advice of a qualified healthcare professional before using the App, assessing the suitability of the App for your personal circumstances or if you consider you may be at risk of harming yourself or others. You should always seek the advice of a qualified healthcare professional with any questions you have regarding your health or a medical condition.
11.3 We do not recommend or endorse any specific test, products, or procedures that may be mentioned on the App. Any opinions expressed on the App are the opinions of the authors. We do not assume any liability for the contents of any material provided on the App. Reliance on any information provided by us, or users of the App is solely at your own risk. We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue at any time any aspect or feature of this App.
12 Third Party Content
12.1 We take reasonable care in compiling the App and its contents, however the contents may not always reflect the most recent developments in medical knowledge or science. We encourage you to consult other sources in order to confirm the information you receive from the App.
12.2 Links to other websites are provided for your convenience only. We do not endorse nor accept responsibility for the accuracy or completeness of the information you receive from any other websites.
13 Privacy and Information Provided by You
13.1 The App may contain information or material which is posted, entered or uploaded by you or other users (User Content). You agree that, in respect of all User Content, we are a distributor only and we are not responsible for the accuracy or completeness of that information.
13.2 If you post, enter or upload User Content:
(a) you grant us an irrevocable, non-exclusive and royalty-free worldwide licence to use, host and distribute the User Content;
(b) you agree that your User Content will not infringe any patent, trade mark, trade secret, copyright or other such intellectual property of any party.
(c) you agree that your User Content may be seen and used by other users of the App;
(d) we may send you correspondence related to your User Content; and
(e) you must only submit User Content which belongs to you or which you are permitted to submit by the owner of the content.
13.3 We may at any time, with or without notice, filter, remove or refuse to publish User Content in our sole discretion.
14 Liability
14.1 Subject to clause 14.2 below, for all matters connected to the App and to the maximum extent permitted by law, we exclude all warranties, rights, remedies and liability to you or a third party for breach of contract, negligence or breach of any other law.
14.2 For any liability which cannot be excluded lawfully, but can be limited, our liability is limited to our choice of resupplying the App to you or paying the cost of re-supplying the App to you.
14.3 You are responsible for any information or User Content you post, enter or upload onto the App, or which is posted, entered or uploaded by another person using your Login Details.
15 Indemnity
15.1 You agree to indemnify us, our personnel and subcontractors for any loss (including legal costs and expenses on a full indemnity basis) or liability arising out of, or in connection with, your use or inability to use the App or with respect to the contents of the App or any part of the App, including errors or omissions contained in the App.
16 Denial of Access
16.1 We may at any time deny all or part of your access to the App where, in our opinion, you fail to comply with these Agreement terms, or otherwise suspend your access to the App without being obliged to give you a reason.
17 Termination
17.1 Without limiting our rights under these Agreement terms or at law, we may immediately:
(a) terminate this Agreement for any reason (including as a result of your breach or alleged breach of these Agreement terms); or
(b) discontinue the App, including ceasing to provide administrative and technical support for the App, for any reason (including as a result of your breach or alleged breach of these Agreement terms),
in our sole discretion and without prior notice.
17.2 In such event described in clause 18.1 above, you must delete all copies of the App, and related documentation, which are in your possession or under your control.
17.3 You may terminate this Agreement at any time by deleting all copies of the App, and related documentation, which are in your possession or under your control.
18 End-User Terms Required by Apple
18.1 You acknowledge and agree that:
(a) this Agreement is concluded between you and us, and not Apple Inc. (Apple);
(b) we, and not Apple, are solely responsible for the App and its contents;
(c) the licence granted to you under clause 4 above is subject to Apple’s Usage Rules set out in the App Store Terms and Conditions which you may view at http://www.apple.com/legal/internet-services/itunes/au/terms.html;
(d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(e) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the App;
(f) to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App;
(g) Apple is not responsible for any claims that you have arising out of your use of the App;
(h) Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claims that the App, or your use and possession of the App, infringes that third party’s intellectual property rights; and
(i) Apple and its subsidiaries are third party beneficiaries of this Agreement and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.
18.2 You represent and warrant that:
(a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(b) you are not listed on any U.S. Government list of prohibited or restricted parties.
19 General
19.1 These Agreement terms are governed by and must be construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and all courts which have jurisdiction to hear appeals from those courts.
19.2 If any clause or part thereof of these Agreement terms is found to be void, unenforceable or invalid, then it must be severed from these Agreement terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Agreement terms.
19.3 The termination of this Agreement will not affect the continuing rights and obligations of the parties under any provision of this Agreement which, by its nature, is to survive termination and/or that is required to give effect to such termination or its consequences.
19.4 These Agreement terms represent the entire agreement between the parties concerning the subject matter of these Agreement terms and they supersede any prior proposal, representation, or understanding between the parties.
20 User Data
20.1 We collect the following user data viz; username, password, profile picture, email address, height, weight and date of birth. If you access using your Facebook credentials, then we may automatically collect certain information that could include Personal Information, such as your name, profile picture, email address and your contacts or Facebook friends. We will use all information collected in accordance with the Third Party’s policies and your preferences.
20.2 We also collect log information (Big Data) for analytics, BI and reporting. All of these data are collected from the logs in our Application, Site (server) and Services. This includes workouts, age, sex, time of workout, app usage, mobile details, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This will help us track user’s movement in the aggregate, and gather broad demographic information, other useful information. We use Localytics for the mobile app and Google Analytics for the site statistics.
20.3 You can choose to delete your account at any time by sending us a request to wipe out your profile, activity log, and other data. We will honour your request in reasonable time after verification of the request. Although we will try to wipe every trace of your fitness journey, some data might remain in our archives, data warehouse and database.
20.4 You are well aware by now that we are NOT Subscription based app and you can choose to buy any workouts using our Services which are stored locally in your mobile device. You can delete old unused purchased workouts to free up some space in your mobile device, and download it later if required at no extra cost.
