1. Introduction and Terms and Conditions of use
1 .1. The mobile application “Activ8: Fit Challenge” (“App”) is owned by "Nyo (Active) Mudzingwa" (“Trainer” or “Trainers”, “we” or “our” or “us”), a certified fitness Trainer from Toronto, Ontario, Canada and having its principal place of business at 28 Stadium Rd, Toronto, ON M5V 3P4
1.2. App is a product that allows personal trainers, wellness coaches and nutritionists (collectively, the “Trainers”) to provide training and coaching and interacting with their clients (the “Clients”). App assists the Trainers in administering their business activities, i.e., to manage Clients, create workout plans, meal plans, recipes, and exercises, track the progress of the Clients, and upload and store documents, videos, and other files supporting Trainers’ business activities. App also allows the Clients to interact with the Trainers through the App and track their progress in the field of fitness, diet, and healthy lifestyle.
2.1. Any person who is above 18 (eighteen) years of age and competent to contract under applicable laws is eligible to use / download the App. Your use and download of the App shall be treated as your representation that you are competent to contract.
3. Account and Registration
3.3. If you use App, you are responsible for maintaining the confidentiality of your password and other details in relation to your User Account and any activity that occur in or through the User Account. By using App, you agree to immediately notify us about allegedly unauthorized use of your User Account or any other security breach related to your User Account. We will not be liable to any person for any loss or damage which may arise because of any failure by you to protect your password or User Account.
3.6. You also agree and confirm that you will:
4. Fees and Payment Terms
4.1. Your use of App is subject to the applicable service fees (the “Fees”). The Fees and payment terms related thereto are communicated by us to you personally, upon your request, by email or phone. The Fees shall be charged in United State dollars (USD) currency. The Fees are charged automatically on a monthly basis, until you stop your subscription. By purchasing a subscription to use App, you agree to pay the Fees upon these Terms. The Fees are subject to a change without a prior notice. Any of changes to the Fees will be made available to you and, if necessary, we will request you to provide your consent to the changes of the Fees.
4.2. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Unless otherwise stated in the schedule of the Fees, you are responsible for paying all applicable taxes.
4.3. You shall be entitled to use a valid credit/debit and/or any other payment cards (“Virtual Payment Modes”) which shall be processed by our third-party payment processor (“Payment Processor”) for payments including the Fees and the payments made by the Clients. The Payment Processor is solely responsible for handling your payments. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processor refused the payment for any other reason. The Payment Processor may collect from you some personal data, which will allow them to make the payments requested by you (e.g., your name, and credit card details). The Payment Processor handles all the steps in the payment process on its website, including data collection and data processing. We do not store your credit card details in our systems.
4.4. You agree and accept that all nuances and modalities relating to Virtual Payment Modes shall be separately governed by the Payment Processor. We would not be responsible, in any manner whatsoever, for any liability that may arise in relation to any aspect of/ relating to the Virtual Payment Modes (including any fraudulent transaction). The payments made on the App are non-refundable.
4.5. We will not be liable for the loss of any nature whatsoever caused to you arising, directly or indirectly, out of decline of authorization for any transaction, resulting from you exceeding your pre-set permissible payment limit under Virtual Payment modes, as applicable.
5.1. We will take all reasonable efforts to ensure that our services on App are operational and uninterrupted. In case of certain technical difficulties, routine site maintenance/upgrades and any other event outside our control may, from time to time, result in temporary service interruptions. We also reserve the right at any time and from any time to modify, suspend or discontinue, temporarily or permanently, the App or any part thereof with or without notice. You agree that we shall not be liable to you or any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the use / access to App.
6. User Content
6.1. We may allow you to create, post, share, upload and submit the Content on or through the App (“User Content”). You will be entitled to own the rights in such User Content. The User shall be solely responsible for the User Content and assume all risks associated with it, without any limitation.
6.3. You are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third-party partners. We will not be responsible or liable for any use of your User Content by us in accordance with these Terms. We do not guarantee any confidentiality with respect to any User Content that you may submit. By submitting or posting the User Content, you represent and warrant that you have full and unrestricted rights, power and authority necessary to grant the rights, granted in relation to any User Content that you submit. You also represent and warrant that the posting of your User Content or usage of such User Content in accordance with the terms hereof does not violate any right of any party, including copyrights, privacy rights, publicity rights, trademarks, contract rights, or any other intellectual property rights.
6.5. You are not permitted to disclose publicly the personal data of persons without the their prior authorization or consent to share that personal data (e.g., you cannot publish name, photos, videos, and contact details of a person who has not allowed you to do so) through Your Content.
7. Other Representations, Warranties and Covenants
7.1. You understand and undertake that you shall be solely responsible for the Registration Data and the User Content and undertake neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
7.3. You shall not, directly or indirectly attempt to gain unauthorized access App, other Users’ account(s), computer systems and/or networks connected to the App through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
8. Force Majeure
9. User’s liability
9.1. The User represents and warrants that all the information provided by the User are true, correct and complete and if found to be untrue, incorrect or incomplete, the Trainer has the right to take any action it deems fit in relation to the particular circumstances without any limitations.
9.2. The User represents and warrants that the User is fully aware of all the applicable laws particularly governing the use of App and that the User is not violating or attempting to violate any applicable laws.
9.3. The User acknowledges and agrees that the Trainer is not liable for any damages caused including bodily injury caused due to use of Services through this App.
10. Restriction on use of Content
11. Limitation of Liability
11.1. Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of App or any content made available through App. You agree not to hold us and any of our Trainers / staff members liable in respect of any losses arising out of any event or events beyond our reasonable control.
11.2. We will not be liable to you for any indirect or consequential losses, which may be incurred by you, such as:
13. Geographical Extent
13.1. The App can be accessed in and from all jurisdictions across the world. We make no representation that materials or Content available through our App are appropriate or available for all these jurisdictions.
13.2. If You use the App from a country or location apart from the United State of America, you are solely responsible for compliance with necessary laws and regulations for use of the App, in your jurisdiction.
14. Intellectual Property Rights
14.1. The Content available through the App may be viewed and used only for your personal, non-commercial use. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the App, and we reserve all rights not expressly granted hereunder. We do not permit copyright infringing activities and infringement of intellectual property rights on or through the App. We request that you promptly notify us in writing upon your discovery of any unauthorized use or infringement of the App. You agree not to make use of the Content in a manner that would infringe the copyright and trademark therein.
14.2. You also acknowledge and agree that any feedback, comment or suggestion you may provide is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation or compensation to you.
15. Jurisdiction and Applicable Law
16. Complaints and Grievance Redressal
Name: [∙] (Grievance Officer)
Nothing on this App constitutes, or is meant to constitute, advice of any kind. While we strive to ensure that the information contained in this App is accurate and reliable, we make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and we assume no liability or responsibility for any omission or error in the content of this App. The information and materials contained on this App are subject to change without notice, are provided for general information only and should not be used as a basis for making business or financial decisions.
Despite best efforts of the Trainer to provide accurate information on the App, it is not possible to ensure that all the information provided here is up to date. The App hosts information and Content provided by third parties and we are in no manner responsible for the accuracy, legitimacy and truthfulness of the information so hosted. You agree to not hold us liable for the incorrectness of any such provided information. Any advice or information received through this App should not be relied upon without consulting primary, accurate and up-to-date sources of information or specific professional advice. The Contents available on this App are protected by copyright law. You may not otherwise change, reproduce, modify, distribute, publicly display the materials available on this App in any way, unless authorized by us or the respective copyright owner(s).
Limitations of Liability
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the Contents of, or use of, or otherwise in connection with, this App:
These limitations of liability apply even if we have been expressly advised of the potential loss.
The Contents in the App may be offensive, harmful, objectionable, indecent, unlawful, inaccurate or inappropriate to some people. The Content does not reflect our opinions or policies and we do not endorse any Content on the App. We may, but are not required to, monitor Content, restrict or remove Content, and suspend or delete a User Account that we determine at our sole discretion is inappropriate or for any other reason. Under no circumstances do we assume any responsibility or liability whatsoever for any Content, including but not limited to any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content made available through the Services, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such Content. Any use or reliance on any Content by you through the Services is at your own risk and liability.