The FitSense App is provided to you by ClubWise Software ltd on request of your club. Your access to FitSense will be for the duration that you have a valid membership at your club. However, access can be withdrawn by your club at their discretion, and in the event your membership at your club is terminated or cancelled your access to FitSense will cease. ClubWise Software ltd also retain the right to terminate your account if it is deemed that you have breached the terms in anyway.
You agree to comply with these Terms by accessing, using or uploading or downloading any information or materials to or from FitSense, or by indicating your assent to these terms by ‘signing in’ or any similar mechanism, you are agreeing to these terms. If you do not agree to these terms, do not access or use FitSense.
By virtue of some of the Services in FitSense connecting to the Google Maps API, you hereby agree to be bound by the Google Maps/Google Earth Additional Terms of Service
) in connection with your use of such Services.
The FitSense Service is not intended to diagnose, treat, cure, or prevent any disease. If you or your club have identified that you have a medical or heart condition that requires you to consult your doctor before commencing an exercise programme you should do so before using the FitSense Service. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the FitSense Service. If you engage in any exercise program you receive or learn about through the FitSense Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
You expressly agree that athletic activities offered on the FitSense app carry certain inherent and significant risks of property damage or bodily injury and that you voluntarily assume all known and unknown risks associated with these activities. You expressly agree to release ClubWise software Ltd from any and all liability in connection with your athletic activities and/or use of the FitSense mobile application, content, services or products. And promise not to sue for any claims, actions, injuries, damages, or losses associated with such use.
You understand that you, and not ClubWise Software Ltd, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Services. ClubWise Software Ltd does not proactively and routinely screen or monitor the Content posted on FitSense by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ClubWise Software Ltd be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You are responsible for Your Content. You further agree not to post content that:
• Is fraudulent, false, misleading, or deceptive
• Is defamatory, obscene, pornographic, vulgar, or offensive
• Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
• Is violent or threatening or promote violence or actions that are threatening to any person or entity
• Promotes illegal or harmful activities or substances.
Any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. Your Content will not be subject to any obligation of confidence on the part of ClubWise Software Ltd and ClubWise Software Ltd will not be liable for any use or disclosure of any Content you provide.
INTERACTIONS WITH MEMBERS
The FitSense feed feature, functions as a venue to connect members in a virtual information place. As a neutral facilitator, ClubWise Software Ltd is not directly involved in the actual interactions between members of the Services. As a result, ClubWise Software Ltd has no control over the truth, accuracy, quality, legality, or safety of postings made by members of the Services. ClubWise Software Ltd shall have no responsibility to confirm the identity of members.
We expect you to use FitSense in a responsible manner. The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content.
You represent and warrant that Your Content, the use and provision of Your Content on the FitSense Service, and your use of the FitSense Service will not infringe, misappropriate, or violate ClubWise Software Ltd or a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy.
You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., Heart Rate Monitors). While ClubWise may recommend the equipment or materials of certain third-party suppliers, ClubWise shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.
ClubWise Software Ltd may make improvements and/or changes in the Services, at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features to improve, enhance, and further develop the Services. ClubWise Software Ltd reserves the right at any time to modify or discontinue, temporarily or permanently, the services or any portion thereof with or without notice.