2. Our Services and Using the App
We have created the App to provide you with a place to record your goals and track your results and we provide you with information to help you on your journey. Through the App we offer recipes which have been approved by a dietician and nutritionist. We offer fitness workouts, exercises and videos developed by a personal trainer. You can use the app to store photos, set personal goals and track your results. We also offer a calendar and push notifications to assist with you with your plans.
3. App Disclaimer
The information provided through the App is provided to be used as a guide. We do not guarantee that any specific results can be achieved. Information contained in the App does not constitute the provision of nutrition, medical or personalised fitness advice. We recommend that you seek professional advice from authorised health and fitness practitioners before making any significant change to your lifestyle. Your reliance on the information contained in the App is undertaken by you at your own risk. You should seek medical advice before undertaking unsupervised fitness activities.
This App is available by way of monthly or annual subscription. Subscriptions are purchased through PayPal. You represent and warrant that you have the legal right to use the payment method chosen through PayPal. The subscription amount will be shown to you before you purchase your subscription. By proceeding with your purchase, you authorise the Owner to collect payment of your subscription from PayPal. The Owner reserves the right to not process or to cancel orders in certain circumstances, for example if your payment is declined or if the Owner suspects the order is fraudulent, or in other circumstances deemed appropriate by the Owner. All amounts are payable and charged at the time you process your order through PayPal. Subscriptions renew automatically for your chosen subscription period (e.g. monthly or annually). You can cancel your subscription at any time through PayPal. You will not receive a refund for the fees you have paid for your current subscription period and you will have continued access to the App until the end of the current subscription period.
5. Changes to subscription price
The Owner reserves the right to change its pricing terms for subscriptions at any time and will notify you in advance before the change comes into effect. Changes to the price will not operate retrospectively and will only apply to renewed subscriptions after the new pricing has commenced. If you do not accept new pricing terms you can choose to cancel your subscription before it renews and the new prices take effect.
6. License to You
The App is provided to you through this license. The Owner retains all ownership and proprietary rights in the App and hereby grants you the non-exclusive, non-transferable, limited right to use the App. This license commences upon your acceptance of the terms and conditions and continues until termination by the Owner or you. The Owner has the discretion to terminate your license immediately and without notice if you breach this license. The App has an explicit user management system where the Owner can add, remove or suspend users. All rights not specifically granted under this Agreement are reserved by the Owner and, as applicable, its licensors.
This limited license excludes the right to:
(a) frame or use framing techniques to enclose the App or any portion of the App;
(b) republish, redistribute, transmit, sell, license or download the App or any and/or all App content (except as necessary to view the App);
(c) make any use of the App or any and/or all App content other than for personal use;
(d) modify, reverse engineer or create any derivative works based upon either the App or its content;
(e) collect information through the App for the benefit of yourself or another party;
(f) use any meta tags or any other hidden text utilizing any and/or all App content;
(g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
(h) download any image or content and pass it off as your own, provide it to a third party or republish or distribute it.
Your License to the Owner. By posting, submitting or otherwise publishing any material to the App, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. You grant the Owner a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute any material that you publish on the App.
You hereby waive all moral rights in your content to the maximum extent permitted by law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by law.
7. The Owner’s Obligations
The Owner reserves the right to make changes to the App, its operation and application at any time without prior notice. The Owner may engage a third party to provide technical assistance with the App. The Owner will take reasonable steps to ensure the ongoing effective operation and maintenance of the App and take steps to repair technical issues that arise from within the App within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.
8. Conditions of use
You agree to use the App in accordance with these terms and conditions, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to the Owner. You must keep your login and password information secure. We are not responsible to unauthorised access to our App through your personal devices.
You agree that you will not upload or provide content on the App which is:
(a) defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;
(b) infringes the intellectual or other proprietary interests of third parties;
(c) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the App in any way impinges on another user’s use or enjoyment of the App or otherwise breaches or encourages other users to breach these Terms;
(d) violates any law; or
(e) encourages or incites any other person to engage in any of the above behaviour;
You also agree that you will not :
(f) use technology or other means that is not authorised by the Owner to access the App;
(g) attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the App;
(h) gain or attempt to gain unauthorised access to the App including the network or user accounts; or
(i) attempt to or engage in conduct that damages, disables, overburdens, or impairs the App, our servers or networks.
9. Warranties and Indemnities
The Owner does not warrant that the functional aspects of the App will be error free or that the App, its content or the server are free of viruses or other harmful components. The Owner maintains current anti-virus software, however to the extent provided by law, the Owner does not guarantee against third party interference. The Owner does not warrant that the App or its content will be compatible with third party software or hardware. The Owner is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the Owner’s reasonable control.
You agree to indemnify, the Owner, and its partners, licensors, affiliates, contractors, officers, employees and agents for any claim arising directly or indirectly from your acts and omissions in using the App.
10.Intellectual Property Rights
The Owner retains all ownership rights over all intellectual property (registered or unregistered) available on the App, and the App content including, but not limited to, audio-visual effects, photographs, written content, artwork, and moral rights.
Copyright: The Owner claims copyright over all content on the App, including photographs, unless otherwise indicated.
11.Breaches of these terms and conditions
The Owner reserves the right to take any of the following action if we reasonably suspect that a breach of this agreement has occurred:
(a) issue a formal warning;
(b) suspend or prohibit access to the App;
(c) block you from accessing the App;
(d) take legal action against you, and
(e) suspend or delete your account on the App.
If we suspend or prohibit or block your access to the App, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement.
12. Governing Law
This agreement is governed by the laws of Victoria, Australia and Customers agree to submit to the jurisdiction of the Victorian Courts. If any clause in this document is found to be invalid or unenforceable it should be removed to the extent of such invalidity or unenforceability, and the rest of the clause and document will remain in effect.
13. Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store the you agree to use the App only:
(a) on an Apple-branded product or device that runs iOS; and
(b) as permitted by the Usage Rules set out in the Apple Store Terms of Service.
If you accessed or downloaded the App from another App provider then you acknowledge and agree that:
(a) these Terms are between you and The Riders Pod, and not with the App Store provider,
(b) The Riders Pod is solely responsible for the App,
(c) the App Store is not responsible for addressing any claims you have relating to the App, you should direct any concerns to the Riders Pod by email to email@example.com.
(d) the App Store and its subsidiaries are third-party beneficiaries of these Terms as related to your licence of the App, and upon your acceptance of these Terms, the App Store will have the right to enforce these Terms as related to your licence of the App as a third party beneficiary; and
(e) you must comply with all applicable third-party terms of service when using the App.