Drive Me Fit

Mobile Workout Terms of use

INTRODUCTION

  • These terms of use apply to all use of Drive Me Fit Mobile Workout.
  • Drive Me Fit privacy policy sets out how we use data relating to you and it forms a part of these terms of use. Our privacy policy can be found on our website.
  • This constitutes a legal agreement between us and you. Please read it carefully.
  • These terms of use describe the terms on which you are permitted to use Drive Me Fit Mobile Workout.
  • These terms of use may change from time to time.

1. INFORMATION ABOUT HOW TO CONTACT US

1.1 How to contact us. You can contact us by writing to us by email to customer.care@drivemefit.co.uk

2. BY USING OUR MOBILE WORKOUT YOU ACCEPT THESE TERMS

2.1 By using our Mobile Workout, you confirm that you accept these terms of use and that you agree to comply with them.

2.2 If you do not agree to these terms, you must not use our Mobile Workout.

2.3 We recommend that you print a copy of these terms for future reference.

3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

3.1 Our privacy policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Mobile Workout, you consent to such processing and you warrant that all data provided by you is accurate.

4. CHANGES TO THESE TERMS

4.1 We amend these terms from time to time. Every time you wish to use our Mobile Workout, please check these terms to ensure you understand the terms that apply at that time.

5. CHANGES TO OUR MOBILE WORKOUT

5.1 We may update and change our Mobile Workout from time to time to reflect changes to our products, our users’ needs and our business priorities.

6. SUSPENSION OR TERMINATION

6.1 We may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at our discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at customer.care@drivemefit.co.uk

7. MATERIAL ON OUR MOBILE WORKOUT

7.1 We are the owner or the licensee of all intellectual property rights in our Mobile Workout, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

7.2 You must not use any part of the content on our Mobile Workout for commercial purposes without obtaining a licence to do so from us or our licensors.

7.3 If you print off, copy or download any part of our Mobile Workout in breach of these terms of use, your right to use our Mobile Workout will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. INFORMATION ON MOBILE WORKOUT

8.1 The content on our Mobile Workout is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Mobile Workout.

8.2 Although we make reasonable efforts to update the information on our Mobile Workout, we make no representations, warranties or guarantees, whether express or implied, that the content on our Mobile Workout is accurate, complete or up to date.

9. WEBSITES WE LINK TO

9.1 Where our Mobile Workout contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

9.2 We have no control over the contents of those sites or resources.

10. VIRUSES

10.1 We do not guarantee that our Mobile Workout will be secure or free from bugs or viruses.

10.2 You are responsible for configuring your information technology, computer programmes and platform to access our Mobile  Workout. You should use your own virus protection software.

10.3 You must not misuse our Mobile Workout by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Mobile Workout, the server on which our Mobile Workout is stored or any server, computer or database connected to our Mobile Workout. You must not attack our Mobile Workout via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Mobile Workout will cease immediately.

11. LINKING TO OUR MOBILE WORKOUT

11.1 You may link to our Mobile Workout, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.3 You must not establish a link to our Mobile Workout in any website that is not owned by you.

11.4 We reserve the right to withdraw linking permission without notice.

12. YOUR HEALTH

12.1 Terms and conditions with regard to your health

Use of the Mobile Workout is at your own risk.

In any case a condition for the use of the Mobile Workout is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start the Mobile Workout. This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures:

cardiovascular disease,

lung or respiratory disease (including asthma),

spinal and/or joint problems,

neuromuscular disease,

surgical procedures,

any other health issues

In case of Mobile Workout related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.

In addition our female athletes should note that pregnant women and breast-feeding mothers should not do the trainings and coachings offered by us.

The following general rules apply: Listen to what your body is telling you. Before using the Mobile Workout for the first time or while using it, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with Mobile Workout.

12.2 No substitute for medical advice

The services and information offered by Drive Me Fit and the Mobile Workout do not constitute medical advice or a doctor’s advice. Nor are they a substitute for a medical examination or treatment by a doctor.

12.3 Training-/Dietary Methods

Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our trainings and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge.

13. SUBSCRIPTION TERMS

13.1 If you initiated your Mobile Workout subscription through Apple, you have two options.

1 Week Pass

Full Access to the app content for a period of 1 week.

Payment will be charged to iTunes Account at confirmation of purchase.

Subscription DOES NOT automatically renew.

Monthly Pass

Full Access to the app content for a period of 1 month.

Payment will be charged to iTunes Account at confirmation of purchase. 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. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. You can visit Apple’s support pages online for information about managing your auto-renewing subscription.

13.2 If you initiated your Mobile Workout subscription through Drivemefit.co.uk:

Mobile Workout (billed weekely)

Full Access to the app content and to the Mobile Workout on drivemefit.co.uk for a period of 1 week.

Mobile Workout (billed monthly)

Full Access to the app content and to the Mobile Workout on drivemefit.co.uk for a period of 1 month.

Both subscription automatically renew 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.

13.3 In order to avoid any misunderstanding, please note that the term of a subscription is determined by calendar and is independent from your use or extent of your use of the respective Mobile Workout.

14. LIABILITY

14.1 General

Insofar as you are provided with guides or instructions in connection with the Mobile Workout it is imperative that you follow them. Otherwise you risk being injured and your general health.

Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.

You need to observe and respect our health safety notices in clause 12.

15. DISCLAIMER OF GUARANTEES

15.1 We do not make any representations or guarantees that the use of the Mobile Workout will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Mobile Workout.

16. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES

16.1 If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

16.2 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

17. OUR TRADE MARKS ARE REGISTERED

17.1 Drive Me Fit is a trade mark of Massimo Risso. You are not permitted to use it without our prior written approval.

 

Drive Me Fit
Updated, 31 March 2018