Terms and Conditions and Privacy Policy


Terms of use and Health Commitment statement

This agreement is a legal agreement between you (you, your) and Connected Fitness Labs Ltd (company number: 0394378) of 58 Fleets Lane, Poole, Dorset BH15 3BT (we, us). 

NOTE: You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, you should get advice from a relevant medical professional and follow that advice before using CustomFit.

1.        What this agreement covers

1.1.     This agreement sets out the legal terms that govern how you use  CustomFit.  'CustomFit' consists of:

(a)  the CustomFit mobile application (the App), which may be downloaded from an app store provider or operator (App store); and

if you have a Fitness First gym membership in the UK , you may also access your Custom Fit account through the Fitness First website (Web Account).Please read this agreement carefully before downloading the App or accessing your Web Account.

2.       Other terms which apply

2.1.    The following also apply to your use of CustomFit.

(a)  Our privacy policy (the privacy policy), which sets out the terms on which we process any personal information that we collect from you, or that you give us.  By using CustomFit, you agree to us processing the information and you confirm that all information you have provided is accurate.

(b)  For the App only, (1) the 'Additional App terms' set out in the Appendix to this agreement; and (2) any terms and conditions imposed by the App store from which you have downloaded the App (the App store rules).

(c)   For your Web Account only, our website terms and conditions (the website terms and conditions). These set out the terms on which you are allowed to use our website generally.  If any conditions of this agreement are different to the website terms and conditions, the terms of this agreement will apply.

3.       Changes to our terms

3.1.    We may change the terms of this agreement at any time by posting our revised terms online.  We will tell you about these changes when you next access the App or log-in to your Web Account.  You may have to read and accept the updated agreement before you can continue to use CustomFit.[AW1] 

4.       Using CustomFit

4.1.   In order to use CustomFit, you must be at least 18 years old.  If you are not at least 18 years old, you are not allowed to use CustomFit.

4.2.  As long as you agree to keep to the terms of this agreement, we grant you a                  non-transferrable, non-exclusive licence to:

(a)  use the App under the terms of this agreement, the privacy policy and the App store rules; and

(b)  if you have a Fitness First gym membership, use a Web Account under the terms of this agreement, the privacy policy and the website terms and conditions.

4.3.  Unless we say differently in this agreement or as allowed by any local law, you agree to the following.

(a)  You will not copy any part of CustomFit except to the extent that it is necessary for the purpose of normal use, back-up or operational security.

(b)  You will not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any part of the App.

(c)   You will not make alterations to, or modifications of, all or any part of the App, or allow the App or any part of it to be combined with, or become included in, any other programs.

(d)  You will not (or not try to) disassemble, decompile, reverse engineer or create any work based on all or any part of the App unless, these actions cannot be forbidden under applicable law because they are essential so that the App can work with another software program, and as long as the information you gather during these activities is:

                                i.            used only for the purpose of allowing the App to work with another software program;

                              ii.            not unnecessarily revealed to anyone else unless you have our written permission; and

                            iii.            not used to create any software that is substantially similar to the App.

(e)  You will keep all copies of the App secure and keep accurate and up-to-date records of the number and locations of all copies of the App.

(f)    You will include our copyright notice on all full and partial copies you make of the App on any medium.

(g)  You will not provide or otherwise make available all or part of the App (including object and source code), in any form to any person without getting our written permission first.

(h)  You must keep to all technology control or export laws and regulations that apply to the technology used or supported by the App.

4.4.  From time to time we may issue updates to the App through the App store. Depending on the update, you may not be able to use the App (or certain functions of the App) until you have downloaded or streamed the latest version of it and accepted any new terms.

4.5.  To allow you to use CustomFit, we will give you a unique username and password so that you can access your account.  You must treat your username and password as confidential and not reveal them to anyone else.  If you know or suspect that anyone other than you knows your username or password, you must tell us as soon as possible at feedback@customfit.co.

We have the right to cancel the username and password for your account at any time if in our reasonable opinion you have failed to keep to any part of this agreement.

If you experience any problems accessing CustomFit, please contact

feedback@customfit.co.

5.       Acceptable use

5.1.    You must not:

(a)  use CustomFit in any illegal way, for any unlawful purpose, or in any way which does not keep to this agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into CustomFit or any operating system;

(b)  affect our intellectual property rights or those of anyone else in relation to using CustomFit (if that use is not licensed by this agreement);

(c)   send any material that is defamatory, offensive or otherwise objectionable in relation to using CustomFit;

(d)  use CustomFit in a way that could damage,  overburden, impair or compromise our systems or security or interfere with other users;

(e)  misuse CustomFit, by knowingly introducing viruses, trojans, works or other material which is malicious or technologically harmful, or by attempting to gain unauthorised access to CustomFit, the server on which any of CustomFit is stored on or any server, computer or database connected to CustomFit; or

(f)    collect any information from CustomFit or our systems or try to decipher any transmissions to or from the servers running CustomFit.

6.       Intellectual property rights

6.1.   You acknowledge that:

·         we or our licensors will own all intellectual property rights in CustomFit anywhere in the world;

·         rights in CustomFit are licensed (not transferred) to you; and

·         you have no rights in, or to, CustomFit other than the right to use it in line with the terms of this agreement.

6.2.  You acknowledge that you have no right to have access to the App in source-code form (in other words, the actual computer language the programmer used to write the App).

7.        Your information

7.1.    We may collect information which is generated when you use CustomFit for the purpose of providing the CustomFit service.  The way we collect and use your information will be governed by our privacy policy. 

7.2    If you stop using CustomFit, we may keep any information that we collect from you using CustomFit for up to 24 months from the date that you no longer use CustomFit.

8.       Limiting our legal responsibility

8.1.   While CustomFit may suggest workout plans for you based on the information that you provide, you acknowledge that it is provided on an 'as is' basis and has not been developed to meet your individual needs.  As a result, it is your responsibility to make sure that the facilities and functions of CustomFit meet your needs.  You acknowledge that it is your responsibility alone to take appropriate care when using the App to avoid injury (for example, by avoiding making an injury worse by exercising).

8.2.  You acknowledge and agree that when you use CustomFit on a tablet or mobile device, it is your responsibility to take appropriate care to prevent loss or damage to your tablet or mobile device. 

8.3.  We only supply CustomFit for domestic and private use. You agree not to use CustomFit for any commercial, business or resale purposes, and we have no legal responsibility to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.4.  Our maximum aggregate liability under or in connection with this agreement (including your use of CustomFit) whether in contract, tort (including negligence) or otherwise, is £20. This does not apply to the types of loss set out in clause 9.5.

8.5.  Nothing in this agreement will limit or exclude our legal responsibility for:

(a)  death or personal injury resulting from our negligence;

(b)  fraud or fraudulent misrepresentation; and

(c)   any other legal responsibility that cannot be excluded or limited by applicable law.

9.       Ending the agreement

9.1.   We may end this agreement immediately by giving you 30 days’ notice if:

(a)  you significantly or repeatedly break this agreement, including clauses 4.2 (Using CustomFit) or 5 (Acceptable use).

9.2.  If the agreement ends for any reason:

(a)  all rights granted to you under this agreement will end;

(b)  you must immediately stop all activities authorised by this agreement, including your use of CustomFit; and

(c)   you must immediately delete or remove the App from all of your devices, and immediately destroy all copies of the App you have. If we ask, you must also confirm in writing that you have done this.  You agree that when the agreement ends, we can remotely access your devices and remove the App from all of them and stop providing you with access to CustomFit.

10.   Communicating with you

10.1.     If you want to contact us in writing, or if any part of this agreement says you must give us notice in writing, you can send this to us by email to

feedback@customfit.co

 or by prepaid post to Connected Fitness Labs Ltd, 58, Fleets Lane, Poole BH15 3BT.

10.2.    If we have to contact you or give you notice in writing, we will do so by email.

11.     Events outside our control

11.1.      We will not be responsible for any failure to perform, or delay in performing, any of our obligations under this agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.

11.2.     If an event outside our control takes place and this affects our ability to perform our obligations under this agreement, we will suspend those obligations until the event has passed.

12.    Other important terms

12.1.     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.

12.2.    You may only transfer your rights or obligations under this agreement to another person if we agree in writing.

12.3.    If we fail to insist that you carry out any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to keep to those obligations. If we do decide not to enforce our rights, we will only do so in writing, and that will not mean that we will automatically do so again.

12.4.    Each of the conditions of this agreement operates separately. If any court or competent authority decides that any of them are not lawful or cannot be enforced, it will not affect the rest of the agreement.

12.5.    Save to the extent required by the mandatory laws of your jurisdiction:

(a)  this agreement is governed by English law; and

(b)  you agree that the English courts shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this agreement or its subject matter of formation.

Appendix

Additional App terms

The following terms and conditions will apply to how you use the App as well as those set out in the agreement. 

(1)        In-App Purchases

The App offers users the ability to purchase and download various workout plans from the Appstore (Paid Content). The price payable for the Paid Content will be the price detailed on the App. By downloading the Paid Content you agree:

(a) you have read and agree to comply with the terms of this Agreement in relation to the Paid Content (which at all times constitute part of the App);

(b) you have read the details and description of the Paid Content and have determined for yourself that it is appropriate for your purposes. We make no promise, guarantee or commitment that the Paid Content is appropriate for your intended purposes and we are not nor have been made aware of any such intended purposes;

(c) that, subject to any App store rules which may otherwise apply, once you have started the download of the Paid Content we shall be deemed to have delivered the Paid Content to you and you can no longer cancel your order (and you therefore waive your right to cancel your order of the Paid Content); and

(d) that your download of any Paid Content is subject to the App store rules.

(2)  Agreement with the App store provider

The following terms and conditions will apply to how you use the App as well as those set out in the agreement. 

For the purpose of this appendix, App store provider means the provider of the app store through which you have downloaded the App (for example, Apple is the App store provider if you have downloaded the App from the Apple App Store, Google is the App store provider if you have downloaded the App from Google Play, and so on).

1.       You agree that this agreement is made between you and us, and not with the App store provider.  You also agree that the App store provider is not responsible for the App and its content.

2.      You agree that the App store provider has no responsibility to provide any maintenance or support in terms of the App.  if you have any problems using the App, please contact us at

feedback@customfit.co

3.      If the App does not keep to any product warranty provided for by this agreement, the App store provider may give you a refund of the price that you paid to buy the App (if any).  The App store provider will, as far as is allowed by law, have no responsibility to you whatsoever for the App.

4.      You agree that the App store provider will not be responsible for dealing with any claims that you might have relating to the App, including:

·         product liability claims;

·         any claim that the App fails to meet any relevant legal or regulatory requirement; and

·         claims arising under consumer protection or similar laws. 

5.      If someone else claims that the App affects their intellectual property rights, we (and not the App store provider) will be responsible for dealing with the claim.

6.      You must confirm that:

a    you are not in a country that is covered by a US Government embargo, or that has  been designated by the US Government as a terrorist supporting country; and

b   you are not listed on any US Government list of ‘prohibited or restricted parties’.

7.      If the App store provider is Apple, you agree Apple and its subsidiaries will have the right to enforce the agreement against you as a third-party beneficiary. (In other words, as Apple own the App store, they will also benefit in the same way from these terms and conditions as we do and can enforce them against you.)

CustomFit Privacy Policy and Cookie Policy

1.                   Scope

Connected Fitness Labs Ltd  (we, us) takes your privacy seriously and we will use your personal information in accordance with applicable data protection legislation.

This Policy sets out how we use any personal information that we collect in the course of you using CustomFit. CustomFit consists of our CustomFit mobile application (the App) and if you have a Fitness First gym membership in the UK, accessing your CustomFit account through our website (Web Account).  The App and the Web Account are operated by Connected Fitness Labs Ltd of 58 Fleets Lane, Poole, Dorset, United Kingdom, BH15 3BT, which is the controller of your data for data protection purposes.

This Policy is supplemental to any general privacy policy found on our website.

2.                  Your Consent

By using CustomFit, you agree that we may process data about your health as set out in this Policy.

3.                  INFORMATION COLLECTED AND HOW IT IS USED

When you use the App, we may ask for your email address, date of birth and other personal information. If you are also have a Fitness First gym membership we will link this information to your member account so that you can also receive additional benefits of membership. If you use your Facebook account information to sign in to the App, you agree that we may collect your authentication information, such as your username and email address in order to use for the purposes set out in this Policy.

We will also ask you questions about your health and your fitness goals.

We will use this information (including health information) to:

o   set up and administer your account and communicate with you (including sending you work out reminders or results via email or SMS and app push notifications ];

o   facilitate the creation and customisation of your personal workout plan and track your progress and results against your goals;

o   carry out research and analysis and monitor customer use of CustomFit on an anonymous or personalised basis to identify trends and to understand better our customers’ behaviour

o    to develop and improve CustomFit and other products and services we offer you.

o   contact you to invite you to participate in surveys about our products and services or third party products and services;

o   for segmentation of our client base, marketing of Fitness First products and services and third party products and services (where we have appropriate permissions to do so) and to understand and keep you informed about what is the best fitness programme for you according to your use of CustomFit.  

o   provide you with online personalised services and targeted advertising including through the use of cookies when you visit our or Fitness First websites.

4.                  Disclosures

We may disclose your information when we believe it is appropriate to comply with the law, enforce or apply our terms of use or other policies or to protect the rights, property and safety of Connected Fitness Labs Ltd and Fitness First, Fitness First members or others or where we otherwise have your consent. We may also share information with companies assisting in fraud protection or criminal investigations.

We also provide aggregated statistics about the use of CustomFit to other group companies and third parties but these statistics will not include any information which identifies you;

We may employ the services of third parties to help us in certain areas, such as the provision of various software tools, website hosting and maintenance and the delivery and distribution of marketing and advertising services. In some cases the third party may receive your personal information. However, at all times, we will control and be responsible for the use of your personal information. Some of these third parties may use aggregated statistics about the use of their software tools for their own purposes which may include sharing such statistics with third parties. However such statistics cannot be used to identify you.

Your personal information may be transferred to the recipients identified above in countries outside of the European Economic Area (even those that have limited or no data protection laws) provided that we remain responsible for making sure your personal information is given adequate protection and held securely. By providing your personal information to CustomFit, you consent to such transfers taking place.

In addition, we may collect certain information about you automatically such as the website you came from or are going to, the type of device that you use, your device's unique ID, IP addresses, your operating system, the type of browser you use and information about the way you use CustomFit. This is statistical information about your browsing actions and patterns and is not used to identify you. It may also be used to report aggregate information to our group companies and advertisers.

Where we have the appropriate permissions, CustomFit may also interact with other apps and functionality on your device (e.g. automatically add gym appointments to your calendar) and will allow you to pull in data from other software applications to display on your CustomFit dashboard.

In the event that the business is sold or integrated with another business, your details will be disclosed to our advisers and any prospective purchaser’s adviser and will be passed to the new owners of the business.

5.                  Use of Cookies

Information on you may be collected through the use of cookies when you use the Web Account or the Fitness First website. A cookie is a small piece of information sent by a web server to a web browser, which enables the service to collect information from the browser. We use cookies to identify you when you visit our website or your Web Account and to keep track of your browsing patterns and build up a demographic profile. Our cookies don't include personal information about you (your name, address or payment details, for example).

For more information on the cookies we use, please see our Cookie Usage Policy.

6.                  Marketing

Where we have appropriate permissions, Connected Fitness Labs Ltd, the Fitness First group and subsidiaries may from time to time send you by email and post information about our and other third party products and services which we think may be of interest to you.  However, your health data will not be shared with our group companies for marketing purposes.

If at any point you would like to opt-out of receiving communications from us, or would like to change the channels (such as email or post) that we use to contact you, please click on the unsubscribe link at the bottom of any emails you receive .  Alternatively you can also write to us at Connected Fitness Labs Ltd, 58 Fleets Lane, Poole, Dorset, BH15 3BT.

7.                  HOW DO WE PROTECT YOUR INFORMATION?

We have strict security procedures covering the storage of your information in order to prevent accidental loss and unauthorised access, use, alteration or disclosure of such information. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes.

8.                  SUBJECT ACCESS REQUESTS

You have the right to see what personal data we hold about you. To obtain a copy of the personal information we hold about you, please write to us Connected Fitness Labs Ltd, 58 Fleets Lane, Poole, Dorset, BH15 3BT. We may require you to provide verification of your identity and to pay an administration fee to provide a copy of the information we hold. Please note that in certain circumstances we may withhold access to your information where we have the right to do so under current data protection legislation.

9.                  Changes to OUR privacy policy

If this Policy changes in any way, we will place an updated version within the App and Web Account. Regularly reviewing this Policy ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.

January 2016

 

FITNESS FIRST HEALTH COMMITMENT STATEMENT

Your health is your responsibility. The management and staff of this organisation are dedicated to helping you take every opportunity to enjoy the facilities that we offer. With this in mind, we have carefully considered what we can reasonably expect of each other.

Our commitment to you

1. We will respect your personal decisions, and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.

2. We will make every reasonable effort to make sure that our equipment and facilities are in a safe condition for you to use and enjoy.

3. We will take all reasonable steps to make sure that our staff are qualified to the fitness industry standards as set out by the Register of Exercise Professionals.

4. If you tell us that you have a disability which puts you at a substantial disadvantage in accessing our equipment and facilities, we will consider what adjustments, if any, are reasonable for us to make.

Your commitment to us

1. You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our equipment and facilities you should get advice from a relevant medical professional and follow that advice.

2. You should make yourself aware of any rules and instructions, including warning notices. Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.

3. You should let us know immediately if you feel ill when using our equipment or facilities. Our staff members are not qualified doctors, but there will be a person available who has had first aid training.

4. If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.