FitLink Terms & Conditions

FitLink (hereinafter, referred to as the "Company", "we" “our” or "us"), provides a fitness software application along with related products, services, content, and features (hereinafter, referred to as the "Service"). The present text defines the Terms of Services of FitLink (hereinafter, designated as the “Terms"). These Terms apply to both ordinary users and registered users (hereinafter referred to as “Users”). The Terms are in effect when you use the Services and remain in effect until terminated in accordance with the Terms. Users are required to accept the Terms. By accepting the Terms, the Users certifies that he/she has read and understood the contents of the Terms, and accepts the obligations set forth therein.

1.Acknowledgment

a. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and FitLink. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Service.
b. By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you should not access the Service.
c. Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of FitLink. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your personal information when you use the application and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

2. Health Disclaimer

a. The Service offers health and fitness information and is designed for these purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician, general practitioner, or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the FitLink app. The use of information provided through the Service is solely at your own risk.
b. Stop your workout and contact your physician if you experience any of the following symptoms: overheated, dizziness, fainting, fatigue, shortness of breath, or chest pain.
c. Research developments may impact the health and nutritional advice that appears on the Service. No assurance can be given that the information contained on the Service will always include the most recent developments.

3. Eligibility

a. If you are under 18 years of age (or the age of legal majority where you live), you may use our Service only with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such Users, including any breach of these Terms, and for determining the suitability of the Service for such User. We reserve the right to refuse access by Users under certain ages, as set in our sole discretion from time to time.
b. You may only establish an account on our Service on behalf of a legal entity. If you use our Service on behalf of another person or entity, all references to “you” throughout these Terms will include that person or entity, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and in the event you or that person or entity violates these Terms, that person or entity agrees to be responsible to us.

4. User Accounts and Account Security

a. If you register for an account to use our Service, you must provide accurate account information (pseudonyms are permitted for usernames) and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those Users that occur in connection with your account.
b. You are responsible for safeguarding the password used to access the Service and for any activities or actions under your password. c. You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of your account.
d. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

5. Prohibited Conduct and Content

a. You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of our Service, and you are solely responsible for your conduct while using our Service. Further, you will not:
i. Use or attempt to use another user’s account without authorization from that User and FitLink.
ii. Modify our Service, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Service.
iii. Use our Service other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Service or that could damage, disable, overburden, or impair the functioning of our Service in any manner.
iv. Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service.

6.Intellectual Property

a. The Service and all content contained therein, including the text, graphics, images, photographs, videos, illustrations, themes, animations, sounds and audio-visual effects, are owned by FitLink or our licensors and are protected under both Australian and foreign laws. All rights in and to the Service is reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Service for your own personal, non-commercial use (unless otherwise pre-approved by FitLink). Any use of the Service other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
b. The Service is protected by copyright, trademark, and other Australian and foreign country laws.
c. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

7. Copyright Infringement

a. It is the Company's policy to end the registration of any User who repeatedly infringes the copyright of others and to promptly remove or disable access to allegedly infringing content if the Company receives proper notification of the infringement or infringing conduct from the copyright owner. If you believe that any content on the Site (e.g., videos, content, images, text, etc.) infringes your copyright, you may request the removal of such content from our Service by contacting our designated copyright agent (identified below) and providing the following information:
i. Identification of the copyrighted content that you believe has been infringed. Please describe the content and, if possible, include a copy or the location (e.g., URL) of an authorised version.
ii. Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the content;
iii. Your name, address, telephone number and (if available) email address.
iv. A statement by you that you have a good faith belief that use of the content you are disclosing is not authorized by the copyright owner, its agent, or the law.
v. A statement that the information you have provided is accurate and swear that, "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
vi. A signature or electronic equivalent of the copyright owner or its authorized representative.

b.You can contact our copyright agent via email (support@gflgroup.com.au). Upon receipt of a notification, FitLink will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

8. Third Party Content

a. Our Service may contain links to third-party web sites or services that are not owned or controlled by FitLink.
b. FitLink has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services
c. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

9. Disclaimer; Assumption of Risk

a. Your use of our Service is at your own risk. Except as otherwise provided in writing by use, our Service, and any content therein are provided without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for particular purpose, title, and non-infringement. In addition, FitLink does not represent or warrant that our Service is accurate, complete, reliable, current, or error-free. While FitLink attempts to make your use of our Service safe, we cannot and do not represent or warrant that our Service or servers are free of viruses or other harmful components.
b. You understand that the Service is intended to be used in connection with athletic and fitness activities (including cycling, running and other sports). You expressly acknowledge that engaging in athletic or fitness activities as part of the Service carries certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of FitLink or by that action, inaction or negligence of others.

10. Limitation of Liability

To the fullest extent permitted by applicable law, FitLink and other FitLink Parties will not be liable to you under any theory of liability – whether based in contract, tort, negligence, strict liability, warranty, or otherwise – for any indirect, consequential, incidental, or special damages or lost profits, even if FitLink or other FitLink Parties have been advised of the possibility of such damage.

11. Data Collection

a. In order for Us to provide our Service, you agree that we may process, transfer and store information about you in Australia and other countries.
b. We invite you to review our Privacy Policy *Insert link* for more information about the data we collect and how we use it.
c. If you wish to opt-out, you must cancel your Registered User account, stop using the Services.

12. Technical support

a. During your use of the Services, the Company will endeavour to provide its Users with commercially reasonable technical support regarding the use of the Services and the Site. This support is available via support@gflgroup.com.au.
b. The Company won’t be liable for any delay, failure or interruption of the Services for any reason.
c. Users are required to notify the Company immediately of any service interruption. The Company is also not liable for any errors, omissions, interruptions, delays or defects in the Services caused by the negligence or willful act of a User or their equipment, Internet service provider or mobile operator.

13. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the application may also be subject to other local, state, national, or international laws.

14. Modifying and Terminating Our Service

We reserve the right to modify our Service or to suspend or stop providing all or portions of our Service at any time. You also have the right to stop using our Service at any time. We are not responsible for any loss or harm related to your inability to access or use our Service.

15. Modifying These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

16. Contact

If you have any questions about these Terms and Conditions, you can contact us by email: support@gflgroup.com.au