If you are under the age of 18 you must obtain your parent's or guardian's consent to this agreement before downloading the App. By accessing, viewing, registering for, downloading or otherwise using the App you represent and warrant to UBIQ that you have read and understand this agreement and that you agree to be bound by and comply with the terms of this agreement. If you do not agree to these terms do not download or use the App. UBIQ may refuse access to the app if you do not comply with any part of this agreement.
Please note that the App is operated by UBIQ and not any other third party who invites or facilitates you to access the UBIQ Services (Access Provider), such as your employer. These terms, together with all updates and additional terms we may provide from time to time form the legally binding agreement between you and UBIQ.
In this agreement, the term UBIQ Associates means UBIQ's related bodies corporate, officers, employees, content providers and any healthcare practitioners engaged by UBIQ to provide advice or guidance in connection with any of the UBIQ Services.
THE UBIQ SERVICES ARE GENERAL IN NATURE AND ARE PROVIDED FOR PERSONAL, INFORMATIONAL AND CONVENIENCE PURPOSES ONLY. THE UBIQ SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY PHYSICAL OR MENTAL CONDITION OR ANY DISEASE. UBIQ DOES NOT ENDORSE ANY SPECIFIC PROGRAMMES, ROUTINES, ADVICE, OPINIONS, OR ANY OTHER INFORMATION OR CONTENT THAT MAY BE CONTAINED IN OR ACCESSIBLE THROUGH THE UBIQ SERVICES.
IF YOU SUFFER FROM A MEDICAL CONDITION, SUSPECT THAT YOU MAY SUFFER FROM A MEDICAL CONDITION, HAVE RECENTLY UNDERGONE SURGERY, OR OTHERWISE HAVE ANY CONDITION THAT IS AWAITING INVESTIGATION, DIAGNOSIS OR TREATMENT, PLEASE CONSULT A HEALTHCARE PROFESSIONAL BEFORE YOU CHANGE YOUR DIET, PREPARE ANY RECIPES, PERFORM OR INCREASE ANY OF THE EXERCISES OR ACTIVITIES, OR OTHERWISE USE OR IMPLEMENT ANY OF THE MATERIAL, DESCRIBED OR MADE AVAILABLE (WHETHER BY UBIQ OR ANY THIRD PARTY) IN THIS APP. USE OF THIS APP AND ALL FORMS OF PARTICIPATION, EXERCISE AND ACTIVITY IS VOLUNTARY AND AT YOUR OWN RISK AND MAY NOT BE APPROPRIATE FOR ALL PEOPLE, INCLUDING THOSE WITH AN EXISTING MEDICAL CONDITION, SPECIFIC DIETARY REQUIREMENTS, CHILDREN, PREGNANT WOMEN, OR THOSE OVER 60. YOU SHOULD CONSULT YOUR HEALTHCARE PROFESSIONAL PRIOR TO COMMENCING, INCREASING OR CHANGING ANY EXERCISE PROGRAMME, DIETARY PLAN OR OTHER HEALTH OR WELLNESS REGIME.
ANY TOOLS OR CALCULATORS PROVIDED WITHIN THE APP MUST NOT BE USED TO ASSESS, DIAGNOSE, PREVENT OR TREAT ANY CONDITION, ILLNESS OR DISEASE. THE UBIQ SERVICES MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE OR ADVICE. IF YOU HAVE ANY CONCERNS REGARDING YOUR HEALTH, YOU SHOULD ALWAYS DISCUSS THESE WITH A HEALTHCARE PROFESSIONAL.
NEITHER UBIQ, ANY UBIQ ASSOCIATES NOR YOUR ACCESS PROVIDER WILL BE LIABLE FOR, AND YOU WAIVE ANY CLAIM FOR, ANY PERSONAL INJURY, DAMAGE, AND/OR LIABILITY ARISING OUT OF YOUR USE OF, OR YOUR RELIANCE ON, THE UBIQ SERVICES.
ACCEPTANCE OF TERMS
- The terms of this agreement apply to all of the UBIQ Services, including any updates or supplements to any UBIQ Service. If any open-source software is included in the UBIQ Service, the terms of an open-source licence may override some of the terms of this agreement.
- Certain UBIQ Services may be subject to additional terms and conditions specified by us from time to time. Your use of such UBIQ Services is subject to those additional terms and conditions, which are incorporated into this agreement by this reference.
- We may change these terms at any time by notifying you of a change when you next open the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the relevant UBIQ Services. Such new terms will be effective upon posting to the App.
- Your use of the App is also subject to any rules or policies applied by the app store provider from whose site you downloaded the App. You acknowledge and agree that this agreement is between you and UBIQ, and any app store provider is not a party to this agreement and not responsible for the App.
GRANT AND SCOPE OF LICENCE
- If you do not agree to any of these terms, we will not license the App to you and you must immediately delete the App and ceasing using any of the UBIQ Services.
ACCESS TO THE APP AND ADDITIONAL SERVICES
- To download and use the App and any Additional Services, you must follow the instructions provided by your Access Provider and/or us. You must provide accurate and complete information and keep your account information up-to-date at all times. Failure to do so shall constitute a breach of this agreement.
- You are solely responsible for the activity that occurs on your account and for keeping your account login details (including your password) secure. You must not publish, distribute or post login information for your account. You must not use another person’s user account or registration information for the UBIQ Services.
- You must notify us immediately of any breach of security or unauthorised use of your account.
By accessing and using any UBIQ Services, you acknowledge and agree that:
- use of the UBIQ Services and any information or programmes provided in connection with the UBIQ Services is solely at your own risk;
- your participation in, implementation or performance of any and all plans, regimens, exercises or activities described in the UBIQ Services is wholly at your own risk;
- neither UBIQ nor any of the UBIQ Associates will be liable, whether jointly or severally, for any physical or mental condition, injury or illness that may, whether directly or indirectly, result from or be exacerbated any of the exercises or activities described in the UBIQ Services; and
- while we, an Access Provider or another third party may publish guidelines in connection with the UBIQ Services, such as descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form and in a manner that is safe for you. Risk of injury or illness may increase with improper form.
- By accessing and using any UBIQ Services, you acknowledge and agree that:
You must not (and must not allow or permit any third party to):
- use any of the UBIQ Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any of the UBIQ Services or any operating system;
- infringe or misappropriate our intellectual property rights (including, without limitation, any copyright, trade marks or other intellectual property rights) or those of any third party in connection with your use of, or access to, any of the UBIQ Services;
- remove or tamper with any copyright notice attached to or contained in the App;
- transmit any material that is defamatory, offensive or otherwise objectionable in connection with any UBIQ Service;
- take any action or use any UBIQ Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the UBIQ Services (or other accounts, computer systems or networks connected to the UBIQ Services); or
- collect any information or data from any UBIQ Service or our systems or attempt to decipher any transmissions to or from the servers running any UBIQ Service.
Except as expressly set out in this agreement or as permitted by applicable law, you agree that you must:
- not copy any part of the UBIQ Service, except where such copying is necessary for the purpose of back-up;
- not translate, disassemble, decompile, reverse-engineer or modify any part of the UBIQ Service;
- not permit or facilitate the UBIQ Services, or any part of it, to be combined with, or become incorporated in, any other programs; and
- comply with all technology control or export laws and regulations that apply to the technology used or supported by the UBIQ Service.
- As part of your use of the UBIQ Services, you may receive notifications, text messages, alerts, or emails from UBIQ, your Access Provider (if applicable), or third party content providers. You agree to the receipt of these communications.
We may enable you to post, upload, display, store or share certain content, including images, videos, data, test, comments and other information and material (User Content) via the UBIQ Service. If you generate or supply any User Content via the UBIQ Services you acknowledge and agree that:
- you are solely responsible for such User Content;
- you grant to us a non-exclusive, transferable, sub-licensable, worldwide, loyalty-free licence to use, sublicense, copy, reproduce, modify, transmit, store, prepare derivative works based upon, distribute, publicly display, publicly perform, transmit and broadcast the User Content, in whole or in part;
you represent and warrant to UBIQ that:
- you have all necessary rights, consents, approvals, licences or authorisations for the use of the User Content in connection with the UBIQ Services and to grant to us the licence set out above;
- the User Content will not infringe the intellectual property rights of any person;
- use of the User Content in connection with the UBIQ Services will not constitute an unlawful disclosure, misuse or misappropriation of another party's trade secret or confidential information;
- the User Content will not be false, unlawful, misleading, defamatory, obscene, pornographic, indecent, lewd, suggestive, racist, promote hatred, harassing, threatening, abusive, fraudulent or otherwise objectionable;
- the User Content will not promote illegal or harmful activities or substances;
- the User Content will not constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense or give rise to civil liability; and
- the User Content will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, including UBIQ.
- You must not (and must not allow or permit any third party to):
INTELLECTUAL PROPERTY RIGHTS
- Copyright in works contained in the UBIQ Services, including but not limited to all software, design, text, sound recordings and images, are owned, or licensed, except as otherwise expressly stated, by us. You may download a copy of the App and use the content and material contained in the UBIQ Services for the purpose of displaying and using the App on your device for your own personal, non-commercial use only, and not for the use or benefit of any third party.
- Except to the extent permitted by applicable law or as expressly set out in this agreement, you must not (and must not allow or permit any third party to) use, sublicense, copy, modify, transmit, store, prepare derivative works based upon, distribute, license, sell, assign, transfer, publicly display, transmit, broadcast, create any other material using material from, or otherwise exploit, all or any portion of the UBIQ Services or any content contained therein, without the prior written consent of UBIQ.
- The material, products, technology and processes contained in the UBIQ Services may also be the subject of other intellectual property rights owned by UBIQ or by third parties. No licence is granted in respect of those intellectual property rights other than as expressly set out in this agreement.
- Rights in the UBIQ Service are licensed (not sold or transferred) to you. You acknowledge and agree that you have no rights in, or to, any of the UBIQ Services or any material, products, technology and processes contained in the UBIQ Services other than the right to use each of them in accordance with the terms of this agreement.
- You acknowledge that you have no right to have access to the App in source-code form.
- Featured words and symbols, including the name "ultimate body IQ", “Body IQ”, "UBIQ" and all logos in the UBIQ Services are trademarks of UBIQ and/or its licensors (whether registered or unregistered). You are not permitted to use any trade marks in the UBIQ Services without the prior consent of UBIQ or the relevant trade mark owner. All rights are reserved.
CHANGES TO THE UBIQ SERVICES
- From time to time, UBIQ may make available updates or upgrades to the App via software download or other means. Such download may occur automatically without the need for any act on your part, or it may require you to manually download an update or upgrade through the App Store.
- Certain functions of the UBIQ Services may be modified or discontinued as a result of any update or upgrade, or may not be available until you have downloaded all updates and upgrades we make available. We shall not be liable to you or any third party should we make any changes to the App.
PRIVACY AND DATA
- Each time you use any of the UBIQ Services, you understand that third parties, including your employer, may collect, use or disclose your personal information and that such collection, use or disclosure is subject to such third parties’ privacy policies.
DISCLAIMERS AND LIMITATION OF LIABILITY
- Certain laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example, for consumers, services come with non-excludable warranties under consumer protection legislation that they will be provided with due care and skill and be reasonably fit for their purpose. Nothing in this agreement is intended to exclude or restrict the application of such laws.
To the maximum extent permitted by applicable law:
- the UBIQ Services (including any material, products, technology and processes contained in the UBIQ Services) are provided “as is”, “as available” and without warranty of any kind, express or implied, with respect to use of the UBIQ Services (including any material, products, technology and processes contained in the UBIQ Services);
neither UBIQ nor any of the UBIQ Associates makes any warranty that the UBIQ Services (including any material, products, technology and processes contained in the UBIQ Services):
- are appropriate for your use or that the results of using the UBIQ Services will meet your requirements;
- will be secure or available at any particular time or location; or
- are free of viruses or other harmful components.
- While we have used reasonable care and skill in compiling the content of the App, we make no warranty as to the accuracy of any information and shall not be liable for any errors or omissions.
- You acknowledge that the UBIQ Services have not been developed specifically for you, and that it is therefore your responsibility to ensure that the features and functions of the UBIQ Services meet your requirements.
- Neither UBIQ, nor any of the UBIQ Associates will be liable, jointly or individually, to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential, economic loss, business interruption or the loss of data or information) however caused and which arises, directly or indirectly, out of, or is in any way related to, your use of the UBIQ Services or your inability to use the UBIQ Services (including, without limitation, if your Access Provider revokes your access for any reason).
- We are not responsible for any health problems that may result from exercises, activities, training programs, consultations or other products or services you learn about through the UBIQ Services.
You must indemnify, keep indemnified, and hold harmless UBIQ and each of the UBIQ Associates from all liabilities, losses, damages, claims and expenses, that arise from or relate to your use or misuse of, or access to, the UBIQ Services, or otherwise from any content generated by you, your breach of this agreement, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
- We may suspend, limit or disable your access to the UBIQ Services at any time, with or without cause, without notice to you. If we disable your access, this agreement will terminate. We shall not be responsible to you or any third party should we exercise this right.
- We reserve the right to cease operating the App or any of the UBIQ Services at any time without notice, and to terminate this agreement.
Your rights under this agreement are effective until terminated by us or by you. Your rights under this agreement will terminate automatically without notice from us if:
- our agreement with you or your Access Provider terminates or expires;
- your Access Provider (if applicable) terminates, suspends or otherwise deactivates your access to the App including, without limitation, if you leave the employment of your Access Provider; or
- you fail to comply with any term(s) of this agreement.
- Upon expiration or termination of this agreement, you must not access or use (or attempt to access or use) the UBIQ Services, and you must delete the App from your device.
- All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled “Important Notice,” “Your Acknowledgements,” “ Intellectual Property Rights ,” “Disclaimers and Limitation of Liability,” “Indemnity,” and “Other Important Terms”.
- The UBIQ Services may display, include or make available content, data, information, applications or materials from third parties (Third-party Materials ) or contain links to other independent third-party websites. Third-party Materials and third-party websites are not under our control, and we are not responsible for them, their content or their privacy policies (if any).
COMMUNICATION BETWEEN US
- If you wish to contact us regarding the UBIQ Services, please contact us at Ultimate Body IQ, Terrace 1, 36 Bydown Street, Neutral Bay, NSW 2089, Australia or at via enquiries@ultimatebodyIQ.com.
- If we have to contact you or give you notice in writing, we will do so by e-mail or through a notice posted in the App.
OTHER IMPORTANT TERMS
- This agreement is the entire agreement between you and us with respect to the UBIQ Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the UBIQ Services.
- We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or our obligations under this agreement. You may only transfer your rights or obligations under this agreement to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this agreement or if we do not enforce our rights against you (or if we delay in doing so) it will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and it will not mean that we will automatically waive any later default by you.
- We will not be liable or responsible for any failure or delay to perform any of our obligations under this agreement that is caused by any act or event beyond our reasonable control and our obligations under this agreement will be suspended until such act or event stops.
- No agency, partnership, joint venture, or employment relationship is created as a result of this agreement and neither party has any authority of any kind to bind the other in any respect.
- Each of the terms and conditions of this agreement operates separately. If any court or other authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- This agreement, its subject matter and its formation, are governed by and construed in accordance with the laws of New South Wales, Australia. The parties agree that any dispute arising from or relating to the subject matter of this agreement shall be governed by the exclusive jurisdiction of the courts of New South Wales, Australia.
- The UBIQ Services may be accessed throughout Australia and overseas. UBIQ makes no representations that the content of the UBIQ Services complies with the laws (including intellectual property laws) of any country outside Australia. If you access the UBIQ Services from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access the UBIQ Services.