FitazFK App Terms & Conditions
By downloading or using the app, these terms will automatically apply to you. The term “our, ourselves, us, we” refer to Fitaz Health Pty Ltd and its associate entities which for this purpose refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves.
You should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Fitaz Health Pty Ltd.
Fitaz Health Pty Ltd is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The FitazFK App app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the FitazFK App app won’t work properly or at all.
You should be aware that there are certain things that will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, have a slow/poor internet connection, or don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, cannot accept responsibility.
With respect to Fitaz Health Pty Ltd’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Fitaz Health Pty Ltd accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on iOS – the requirements for system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Fitaz Health Pty Ltd does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
The App (FitazFK) is free to download from the App Store. Ongoing access to the app and its updated content requires an active subscription, available on a monthly, quarterly or yearly basis. All subscription periods are eligible for a 7 day free trial period.
By subscribing to the App (FitazFK) you agree that:
- Payment will be charged to iTunes Account at the end of your 7-day free trial.
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
- Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
- Once purchased, refunds will not be provided for any unused portion of the subscription period.
- Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.
By downloading or using the App you represent and warrant that you are at least 18 years old (or equivalent age of majority in your respective state or territory) and will be responsible for completing all registration information or if you are under 18 years of age you have parental consent or consent from your legal guardian to consent to these Terms and Conditions.
We reserve the right to revoke your access to our App and to cease our dealings with you at any time and at our sole discretion, including the suspension or termination of your registration or membership, if we believe that you may or will, either directly or indirectly, bring our business, reputation, intellectual property or status into disrepute or if you use or are alleged to use any offensive, vulgar, inappropriate, disrespectful, harmful, threatening, abusive words or actions against us or any other member connected to our App.
We strongly advise that you consult with your medical practitioner before beginning this App, as not all exercises are suitable for different individuals and levels of fitness. This program was built for healthy individuals with a solid baseline of fitness.
You acknowledge that use of this App can be inherently dangerous and that you may be exposed to certain risks, including personal injury, death and/or property damage as well as overexertion, over exercise, equipment failure, dehydration, serious accidents and course and weather conditions.
You will be responsible to determine if you are able to safely participate in this App. You should immediately seek medical attention if there are any unanticipated changes to your physical condition or if you experience or suffer and discomfort or pain at any time.
By using our App you accept all risks (including without limitation medical issues and physical injury) and forever releases and indemnifies to the fullest extent permitted by law Fitaz Health Pty Ltd from and against all claims, loss (including consequential loss) and/or costs (including legal costs), whether or not legal proceedings are instituted, irrespective of the means, manner and/or nature of any settlement or determination arising directly and/or indirectly out of, and/or in connection with, your use of this App.
You must consult a qualified medical professional if you have any questions concerning your medical condition or injury (pre existing or otherwise).
You agree and acknowledge that you are medically and physically fit and unaware of any illness, injury or any other physical disability or impairment which may cause personal injury, death and/or property damage to you.
Health Advice Disclaimer
While we are a health and fitness company, we are not a medical practitioner, or similar health/medical professional and, as such, we do not and cannot give or purport to give you any medical advice or assistance in any form. Nothing in this App or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners.
While we seek professional advice where necessary for our App, we note that many professionals in the health, medical and fitness profession have varying and differing views. As such, you are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access, participate and use the App.
You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the App and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
Limitation of Liability
Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
These Terms and Conditions form the entire agreement between you and us in relation to the App and your use of it.
Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
In accepting these Terms and Conditions, you give Fitaz Health Pty Ltd, and its authorised representatives, the right and permission to use photographs and video footage of you undertaking training and activities and illustrating body transformations that you have provided to us. You grant permission to us and our authorised representatives to use these photographs and video footage for the purpose of promoting, advertisement, marketing, publicity or any other lawful purpose. You waive any right to inspect and approve the finished product that may be used or to which it may be applied now and/or in the future, whether that use is known to you or unknown, and you waive any right to royalties or other compensation arising from or related to the use of the image whether intentional or otherwise.
Photos used within the App (before and after) will not be used in marketing materials unless sent in via email, direct message or shared on social media.
Description of Product
We use our best endeavors to describe and present our products and App accurately. However we make no warranty or representation that the information provided by our suppliers in relation to the product or App description is accurate, reliable and complete.
These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at firstname.lastname@example.org