I. AM Fitness App Terms of Use for Customer | New Zealand Best Fitness Apps


I.AM Terms of Use

 Welcome to I.AM. The I.AM service:

a.               let’s people find fitness, health and sport service providers close by and more easily by mobile phone application; and

b.               allows users to have the option to find and connect with other likeminded I.AM users, who can communicate directly about different services available as part of the I.AM Service or join together for fitness sessions (the “I.AM Buddy System”).

collectively, the “I.AM Service”

The I.AM Service is provided by I.AM Group Limited (“we, our, us”). These terms of use  (“Terms”) set out our commitments to people who register to use the I.AM Service (“you, your, user”). They also set out what we require of you when you use the I.AM Service. Our requirements are driven by a need to keep you and others safe and secure when using the I.AM Service.

 

You will be asked to agree to these Terms when registering to use the I.AM Service. This will happen when you create an I.AM login to access online services. Please read and understand these Terms. If you choose to register, these Terms will form an agreement between you and us for the use of the I.AM Service.

 

If you wish to apply for and use a verified identity or a verified address, you will also need to agree to separate terms as part of the application processes. These separate terms will be displayed to you during those application processes.

 

These Terms address or refer to the following matters. You may skip to each by clicking on its link below:

1.             the I.AM Service;

2.             our commitments to you;

3.             your commitments to us;

4.             disputes;

5.             miscellaneous provisions.

 

 

1.             The I.AM Service

The I.AM Service constitutes a technology platform that enables:

 

a.              Users of the I.AM Service to arrange and schedule personal training, health and sport services with third party providers of such services (“Third Party Providers”); and

b.              Users of the I.AM Service to use and explore the I.AM Buddy System to find and connect with other likeminded I.AM users, who can communicate directly about different services available as part of the I.AM Service or join together for fitness sessions (“I.AM Buddies”)

 

By obtaining a login to use the I.AM login Service, you warrant that either (a) you can form a legally binding contract; or (b) you are under the age of 18 and you have asked for your parent or guardians consent to enter into these Terms and your parent or guardian (as applicable) has consented to becoming a party to these Terms for the purpose of accepting your obligations, liability and responsibilities under these Terms. Whether you can use your login with any particular service provider depends on whether that service provider has integrated with the I.AM Service and permitted you to access its services. You may only use the I.AM login Service with your own login and you must not share your login with others.

 

During your use of the I.AM Service, you acknowledge and agree that:

 

a.              You must only use the I.AM Service in accordance with these Terms;

b.              You must only use the I.AM Service for your personal, non-commercial use;

c.              You are solely responsible for supervising, managing and controlling your access to the I.AM Service;

d.              You shall be responsible for all information provided in relation to your use of the I.AM Service;

e.              All Intellectual Property Rights in the I.AM Service, and any documentation or otherwise relating to the I.AM Service is and will remain the absolute property of I.AM and you will not during or after the termination of these Terms in any way question or dispute such ownership by I.AM. ‘Intellectual Property Rights’ means all intellectual and industrial property rights and interests (including common law rights and interests) including, without limitation, all brands, logos, formulae, techniques, specifications, designs, drawings, copyright, patents and trademarks whether registered or not, technical information, licences or similar user rights in respect of any such rights or interests anywhere in the world.

f.               You are responsible for obtaining the data network access necessary to use the I.AM Service. I.AM does not guarantee that the I.AM Service, or any portion thereof, will function on any particular hardware or devices. In addition, you acknowledge that the I.AM Service may not be error-free and subject to malfunctions and delays inherent in the use of internet and electronic communications.

g.              I.AM, has the right to suspend or cancel your use of the I.AM Service in the event of a material breach of the Terms by You, or if in I.AM’s reasonable opinion, your use of the I.AM Service is or is likely to adversely affect the Reputation of I.AM and / or the I.AM Service;

h.              You shall indemnify us and hold us and our subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable costs, made by any Third Party Providers or other third parties due to or arising out of your use of the I.AM Service, breach of these Terms, or the infringement by You (or any other user of your I.AM log-in) of any intellectual property or other right of any person or entity.

 

Third Party Providers

 

i.               The I.AM Service is a platform for listing and discovery of Third Party Providers. We are not party to any agreement between you and Third Party Providers and we have no responsibility or liability to you or Third Party Providers related to any engagement for fitness, health and sport services provided to you by Third Party Providers through the use of the I.AM Service (including, but not limited to, personal injury);

j.               It is the sole responsibility of the Third Party Provider for making available appropriate facility passes (such as gym passes, as the case may be) for you to the Third Party Provider’s facilities as part of the Third Party Provider’s services;

k.               Your use of Third Party Providers arranged or scheduled using the I.AM Service is at your own risk and judgment. We do not provide any warranties (express or implied) in relation to the qualifications, suitability, safety or ability of Third Party Providers. It is your responsibility to determine if a Third Party Provider will meet your needs and expectations. We will not participate in disputes between you and a Third Party Provider;

 

I.AM Buddies / I.AM Buddy System

 

l.               If you choose to use the I.AM Buddy System, your account profile information will be shared with and available to all other I.AM Buddies using and searching the I.AM Buddy System;

m.            You are solely responsible for your interactions with other I.AM Buddies. I.AM is not responsible for the conduct of any I.AM Buddies. However, I.AM reserves the right to remove restrict or disable an I.AM Buddies account as a result of any breach of these Terms;

n.              I.AM currently does not conduct criminal background checks or screenings on I.AM Buddies, nor does I,AM inquire into the backgrounds of all I.AM Buddies or attempt to verify the statements of I.AM Buddies. I.AM makes no representations or warranties as to the conduct of I.AM Buddies or their compatibility with you or other I.AM Buddies. I.AM reserves the right to conduct any criminal background check or other screenings, at any time and using available public records.

o.              I.AM is not liable for any loss or damages whatsoever, whether direct, indirect, general, consequential and / or incidental arising out of your conduct or any other I.AM Buddies in connection with the use of the I.AM Buddy System, including, without limitation, bodily injury, emotional distress and or any other damages resulting from communications or meetings with other I.AM Buddies or persons you meet through the I.AM Service. In addition, you agree to review and follow I.AM’s Safety Guidelines, located within these Terms, prior to using the I.AM Buddy System.  

p.              I.AM reserves the right to investigate and take appropriate action against any I.AM Buddies who, in I.AM’s sole discretion, posts prohibited ‘user content’ as part of their  You can report any abuse by an I.AM user by contacting I.AM directly using the details provided in these Terms.  

 

2.             Our commitments to you  

 

We will use all reasonable care and skill to:

a.                      provide the I.AM Service;

b.                      keep your information secure from unauthorised access;

c.                      ensure that our I.AM Service is reasonably fit for the purposes described by I.AM; and

d.                      ensure that any information provided by I.AM is up-to-date and correct.

Provided we act with reasonable care and skill, we will not be liable to you for any direct, indirect or consequential loss or damage or injury of any kind to you or your property, however it arises. For the avoidance of doubt, I.AM will not be liable in relation to the personal training / fitness services provided to you by Third Party Provider’s obtained by you through your use of the I.AM Service.

 

We will help you

We will help you in your use of the I.AM Service. We provide a I.AM Help Desk and online tools to do so. Sometimes a participating service provider will operate a help desk providing I.AM login support for its own customers.

I.AM Help Desk personnel may access your I.AM login information in order to help you. They may also ask you for your username and the answers to your security questions to help you. If I.AM Service personnel are not provided with such information, they may not be able to help you.  Please note, however, that I.AM Help Desk personnel will never ask you for your password or PIN and you should not give that information to them. I.AM Help Desk personnel will never ask you about your I.AM verified account information such as your name, date of birth and verified address.

 

 

3.             Your obligations and commitments to us

 

The purpose of your commitments to us, set out below, is to protect the integrity and security of the I.AM Service, users of the I.AM Service and other people. Please appreciate that, if you do not honour your commitments or obligations under these Terms, without limitation to any other rights of I.AM, I.AM shall have the right to suspend or cancel your access to the I.AM Service.

 

Payment

You understand that your use of the I.AM Service may result in payments by you for the services you receive from a Third Party Provider, including (but not limited to) facility fees in relation to your use of the Third Party Provider’s facilities (“Fees”). Such Fees will vary between each Third Party Provider and will be as agreed to between you and the relevant Third Party Provider. You agree to pay such Fees on the basis agreed to between you and the Third Party Provider. You agree that the Fees from each Third Party Provider may vary from time to time, at the discretion of the Third Party Provider andor as agreed to between you and the Third Party Provider. I.AM has no responsibility to you and /or the Third Party Provider in relation to the Fees, however you acknowledge and accept that I.AM has the right to suspend or cancel your access to the I.AM Service in the event that you do not pay the Fees.

I.AM may offer you a free 30 day trial period to use the I.AM Service as a new customer (the “30 Day Free Trial Offer”). To take advantage of the 30 Day Free Trial Offer, you need to subscribe and register to use the I.AM Service with I.AM and by doing so you acknowledge and agree that these Terms and I.AM’s privacy policy apply in relation to your 30 Day Free Trial Offer. If you decide that you do not wish to become a paying user of the I.AM service after the 30 Day Free Trial Offer you must terminate your subscription to use the I.AM Service before the expiry date of the 30 day Free Trial Offer by contacting I.AM at info@iamrightnow.com otherwise your subscription to use the I.AM Service will automatically renew after the expiry of the 30 Day Trial Offer and you will be required to pay I.AM for such use, in accordance with these Terms.

 

Restrictions

 You may not:

a.              Remove any copyright, trademark or other proprietary notices from any portion of the I.AM Service;

b.              Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us;

c.              Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the I.AM Service or unduly burdening or hindering the operation and / or functionally of any aspect of the I.AM Service;

d.              Attempt to gain unauthorised access to or impair any aspect of the I.AM Service or its related systems or network;

e.              Provide User Content (as defined below) that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by I.AM in its sole discretion, whether or not such material may be protected by law;

f.               Use any information obtained from the I.AM Service to contact, advertise to, solicit, or sell to any other I.AM Service user without his or her prior explicit consent;

g.              Use the I.AM Service for any other reason than as intended by these Terms.

 

I.AM may investigate and take any available action in response to illegal and / or unauthorised use of the I.AM Service.

                                                                                                                    

Information provided by you

From time to time, you will be required and / or choose to provide certain information through the I.AM Service (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to I.AM, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free licence, to use, copy, modify, create derivative works of, distribute, publicly display and publicly perform such User Content in all formats and distribution channels. You also represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) all of your User Content is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false.

 

You are solely responsible for your User Content. In this respect, prohibited User Content includes, (but is not limited to) the following:

  • Anything that harasses or advocates harassment of another person;
  • Anything that exploits people in a sexual or violent manner;
  • Anything that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • Anything that promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Anything that promotes an illegal or unauthorized copy of another person’s intellectual property;
  • Anything that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
  • Anything that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • Anything that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • Anything that solicits passwords or personal identifying information for commercial or unlawful purposes from other users of the I.AM Service.

 

Third party advertisements

 The I.AM Services may include advertisements by third parties. You agree and acknowledge that I.AM is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence with these third parties shall be solely at your own risk and I.AM shall not be responsible or liable for any loss or damage associated with interactions between you and any third party.

 

 

Use of logins

Your login is a valuable and confidential item that authenticates your online. You must, therefore, take good care of your login or PIN you may have created, as well as the security questions you choose when creating a login, and keep them secure.

 

You agree that you will:

a.                      not knowingly or recklessly use or attempt to use any I.AM Service, login, hardware device or one-time I.AM code for a purpose for which it was not intended, including any unlawful purpose; and

b.                      notify the I.AM Help Desk immediately if you know or have reason to believe that there has been or is about to be fraudulent or other unlawful use of any of your I.AM login, hardware device or code.

 

Protecting logins, security questions and PIN

You must immediately change your password, security questions, or PIN and notify the I.AM Help Desk if:

a.                      you believe that the security of your password, security questions which you answered, or PIN you created have been compromised; or

      b.                      you become aware of any unauthorised use of your username or password.

 

Recommended practices

You should:

                a.                      not use an email address that is shared with other people (as it is to this email address that your username, temporary password or other information will be sent when you request support for your login, for example when you forget your username or password);

       b.                      choose a password or PIN that is a secret known only to you which cannot be easily guessed by anyone else;

c.                      not disclose your password to anyone, including I.AM Service personnel (please note that I.AM Service personnel will never ask you for your password or PIN);

d.                      keep your password and PIN safe from being discovered by others if you write your password or PIN down or store them electronically (unencrypted files on a computer or notes on your monitor are not safe options);

e.                      take care when answering your security questions to ensure you can remember the answers at a later date;

f.                        not tell anyone your answers to the security questions, other than I.AM Service personnel when they require those answers to help you;

g.                      not allow anyone to see your password, any of your answers to the security questions, or PIN or have the opportunity to see them or record them;

       h.                      not jailbreak or root your mobile phone as this can enable disclosure of otherwise secure information;

i.                        not use an app other than Google Authenticator to generate I.AM codes as they have not been tested for compatibility or security; and

       j.                        keep your I.AM contact details up to date.

 

Safety Guideline for I.AM Buddy System Users

Your safety is very important to I.AM. I.AM recommends that you read the following Safety Guidelines before using the I.AM Service, in particular the I.AM Buddy System:

  •  Be careful about sharing personal information, such as your full name, phone number, email and address. We suggest that you leave such information out of your account profile;
  • Be aware of any users who: (i) send messages containing links to third-party websites or otherwise; (ii) asks you for money;(iii) asks for your address or any other personal information.
  • Please immediately contact I.AM to report any suspicious users who: (i) send harassing or offensive messages; (ii) looks like they are under the age of 18; (iii) appear to have a fraudulent profile; or any other suspicious behavior.
  • Take all necessary precautions before meeting any other users of the I.AM Service, in particular, I.AM Buddies and Third Party Providers.
  • If you decide to meet other I.AM Buddies or Third Party Providers, meet for the first time in a popular, public place.

 

Effect of your using your login  

In accepting these Terms, you will be taken to understand and agree that we are entitled to rely on:

a.                      the authenticity of your username and password and where applicable any I.AM code;

b.                      your consent to share your identity or your verified email address to access the participating service provider's online service via the I.AM Service; and

c.                      the authenticity of your username to give the I.AM Help Desk instructions on your behalf.

 

Where the correct username and password have been entered, we and the I.AM Service may act on any instructions given without further enquiry.

 

Protective action 

For the protection of users, other people or the I.AM Service, we may suspend or disable your login with or without notice to you if we consider that:

a.                      suspending or disabling your login is necessary to maintain the integrity or security of our app or website, or I.AM, I.AM Users, or other service provider's service or any person; or

b.                      the login is being misused or has otherwise been compromised; or

c.                      you breach these Terms.

 

Where appropriate, we will notify you of any suspension or disabling of your login as soon as practicable after doing so.

 

Unlawful access or use

 If you knowingly access or use or attempt to access or use the I.AM Service for an unlawful purpose (including but not limited to fraud or attempted fraud or hacking or attempted hacking), you agree that you will be liable to pay any party the amount of the loss caused directly or indirectly to that party by your unlawful actions (any such third party loss being deemed to be our loss). For the avoidance of doubt, this clause is not intended to confer benefits enforceable by third parties under the Contracts (Privity) Act 1982. You may also be liable to prosecution for criminal offences.

4.             Disputes 

If you have a dispute with us in connection with these Terms or any I.AM Service you must first contact the I.AM Help Desk. Both you and the I.AM Help Desk will use all reasonable efforts in good faith to resolve the dispute. If you and the I.AM Help Desk are unable to resolve the dispute to your satisfaction, you may ask the I.AM Help Desk to escalate the dispute to I.AM management.

We will then promptly contact you and will endeavour to resolve the dispute with you.

 

5.             Miscellaneous provisions

 

Termination

You may terminate these Terms at any time provided that you no longer access or use the I.AM Service. You may disable your account profile at any time, by contacting I.AM directly, on the contact details provided in these Terms. However, any term by its nature intended to survive termination will survive termination of these Terms.

At any time I.AM may terminate these Terms and your right to use the I.AM Services by giving you notice, as a result of a material breach by you of these Terms, including (but not limited to):

a.                     Any breach of your obligations / responsibilities set out under clauses 1 and 3 of these Terms;

b.                     In the event that you do not show up to a scheduled appointment with Third Party Providers on 3 or more occasions (whether consecutively or not);

c.                     Carrying out any illegal, offensive or unsafe activity through the I.AM.

 

Invalidity or unenforceability

If any of these Terms or their application to any person or circumstances is, to any extent, held to be invalid or unenforceable:

a.                      the remainder of these Terms or the application of such terms of use to any other person or circumstances shall not be affected;

b.                      each term shall be valid and enforceable to the extent permitted by law; and

c.                      the invalid or unenforceable term will be deemed to be amended to reflect, as nearly as possible, the original intention (as determined from I.AM‘s website).

 

Entire Agreement

These Terms, together with I.AM’s privacy policy supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to the I.AM Service and the other matters dealt with in these Terms.

 

Governing law and jurisdiction

These Terms will be governed by and construed in accordance with the laws of New Zealand and You submit to the non-exclusive jurisdiction of the New Zealand Courts.

 

Delays

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control.

 

Amendments to these Terms and / or privacy policy

We can revise these Terms at any time provided that we have posted a notice summarising the changes at a reasonable time before the changes take effect. There is a link in the footer of this website (i.e. at the bottom of the screen) called "Log of changes". You can click on that link at any time to review a summary of the changes we have made to these Terms and or privacy policy. Your continued use of the I.AM Service after the effective date of any changes we make to these Terms, through the act of entering your login, indicates your acceptance of those changes. If you do not accept the changes, then you should cease your use the I.AM Service.  For the avoidance of doubt, any amendment to these Terms will not apply to the I.AM Service that is in progress as at the time of the amendment.

 

Privacy

We maintain a privacy policy that sets out certain obligations in respect of personal information. You should read I.AM’s privacy policy as you will be deemed to have accepted that policy when you accept these Terms.

 

Last updated:                                      April 2016

 

Log of changes