Effective 31st March 2020.
HIGHLIGHTS OF THE TERMS
Please read the full Terms and conditions of use carefully before using Pulse Fitness Ltd.’s Apps. The Terms and conditions of use is a legal document which governs your rights and responsibilities.
By using the Apps; users agree to the Terms and conditions of use and all non-material revisions thereof. If you do not agree – do not use the Apps.
These Terms and conditions of use (“Terms”), including any documents referred to within these Terms, apply for the use of the mobile and web apps provided by Pulse Fitness Ltd., its subsidiaries and affiliates via the sites (“Sites”) www.pulsemove.com and www.my-trakk.com, all associated sites, distribution channels and via the necessary software applications (“Software”) used in connection with the provision to the Users (“Users”) of the Apps. Non-material amendments to these Terms may be made from time to time, the current Terms can always be found at www.pulsemove.com/terms and www.my-trakk.com/terms.
PULSE FITNESS APPS
Pulse Fitness Ltd. is a limited company incorporated under English Law with Companies House (registration number 04354059), having its registered address at Radnor Park, Congleton, Cheshire, England CW12 4YA (“Pulse Fitness Ltd.”).
Pulse Fitness Ltd. provides the Apps for use when working out. The Apps’ services are provided to and accessed by Users via the internet and other data transmission facilities or carriers by use of an applicable device (“Device”). Carrier rates and fees may apply.
DISCLAIMER OF WARRANTIES AND LIABILITY
The Apps are provided “as is” without any express or implied warranties of any kind. Pulse Fitness Ltd. disclaims all warranties to the fullest extent permitted by law, whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement. Pulse Fitness Ltd. cannot guarantee that use of the Apps will be timely, uninterrupted, that any defects, errors or malfunctions will be corrected, or that the server that makes the Platform available is free of viruses or anything else harmful. To the fullest extent permitted by law, Pulse Fitness Ltd. undertakes no warranties or representations as to the use of the services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise.
Pulse Fitness Ltd. is not liable for any data transmission costs between Pulse Fitness Ltd. and Users. Users bear the responsibility and cost of data transmission facilities, carrier’s normal rates and fees apply.
PERSONAL SAFETY NOTICE
Users understand and agree that all athletic and/or recreational activities using the Apps may have inherent, implicit and/or expressed risks of bodily injury or death and/or property damage.
Users understand and agree that they voluntarily and at their own free will assume all known and unknown risks associated with such athletic or recreational activities, except where such risks are caused in whole or part by actions, inactions or negligence of Pulse Fitness Ltd.
Users understand and agree that Pulse Fitness Ltd. will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the Apps, including but not limited to featured, official or User created challenges, routes, friendly competitions or similar, any single or group training activities or any event that utilises Pulse Fitness Ltd.’s Apps. Irrespective of any information or content related to the Apps, Pulse Fitness Ltd. encourages Users to always put safety first, follow applicable traffic regulations, not to change settings on Devices and/or the Software whilst in motion or in unsafe areas and to use due diligence when exercising.
Users understand and agree that they download and otherwise obtain the Apps at their own risk, and are solely responsible for the use of and any damage to their mobile Device, computer system or other device with which they access the Apps, loss of data or harm of any kind that may occur as a result thereof. Users are responsible for the security of the Device or computer system with which they access the Apps.
Pulse Fitness Ltd. provides no medical advice on physical activity. Pulse Fitness Ltd.’s Apps may include features that promote physical activity. However, Users agree and understand that Pulse Fitness Ltd. does not provide medical advice through the Apps. Users need to consider the risks involved and may need to consult a medical professional prior to engaging in physical activity. Pulse Fitness Ltd. is not responsible or liable for any injuries or damages Users may sustain that result from use of, or inability to use, the Apps, delay or negligence in seeking medical advice from a medical professional. This is except where, as above, such injuries or damage are caused in whole or part by actions, inactions or negligence of Pulse Fitness Ltd.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, Pulse Fitness Ltd., its subsidiaries, affiliates, agents, representatives, employees, partners and licensors (“Released Parties”) shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Apps, including any User Data, even if Pulse Fitness Ltd. has been advised of the possibility of such damages. Such exclusion of liability shall not apply however where any lost data is attributable to:
That said, if Pulse Fitness Ltd. is found to be liable to Users for any damage or loss which is in any way connected with use of the Apps or content, Pulse Fitness Ltd.’s liability shall not exceed the subscription fees paid by Users for use of the Apps or GBP 1.000 whichever is the higher. Users expressly agree and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with use of the Apps.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply in its entirety. However, Users agree the provisions of liability will be limited to the extent permitted by law.
If links are established to a third-party website, Pulse Fitness Ltd. is not liable for the contents of such third-party websites. This includes links to partner’s websites that may use Pulse Fitness Ltd.’s logos as part of a co-branding agreement.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property to content as defined below (except from user generated content) featured or displayed on the Sites or Apps, is the property of Pulse Fitness Ltd., its subsidiaries or business partners and is protected under English and other copyright laws, patent and trademark laws and other legislation. Content (“Content”) includes but is not limited to logos, trademarks, design, structure, text, graphics, photographs, images, videos, audio, sound, illustrations, interfaces, Software data etc. incorporated into, accompanying or generated by the Software. Pulse Fitness Ltd., its subsidiaries and its respective partners reserve all rights to Content not expressly granted under these Terms. The PulseMove and Trakk names, the PulseMove and Trakk logos and other Pulse Fitness logos and product names related to the Apps are the exclusive trademarks of, and are owned by, Pulse Fitness Ltd. and may not be used or displayed in any manner without the prior written permission of Pulse Fitness Ltd.
When Users download Software, including any other Content, from the Sites, associated sites and/or distribution channels, the Software is licensed to that User by Pulse Fitness Ltd. Pulse Fitness Ltd. does not transfer title to the Software to the User. The license to use the Software and Apps is limited, personally, non-exclusive and non-transferable.
Any commercial use of the Sites, Apps and associated data must make full reference to PulseMove or Trakk.
Users may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, loan, lease, grant any security interest in or any right to the Sites, Apps, Software, Content, User Data of other Users or any parts thereof. Users agree not to use any data mining, robots, scraping or similar data gathering methods. A breach hereof may result in civil and criminal sanctions.
USER CONDUCT AND USER GENERATED CONTENT
To use the Apps available, Users must create a PulseMove or Trakk account either in the Facility to which they belong as a member, via the Sites or by usage of another sign up feature made available by Pulse Fitness Ltd. Any sign up is subject to Users providing true, accurate and complete personal information (“User Data”) as prompted by the relevant sign up feature. Users undertake to keep their User Data accurate and current and therefore without undue delay update their User Data when relevant.
Users are responsible for any actions that take place on their PulseMove or Trakk account. Usernames and passwords should be kept secure; Users must not allow anyone else to use them to access the Apps. Pulse Fitness Ltd. is not responsible for any loss that results from unauthorised use of usernames and passwords, with or without the User’s knowledge.
Any content posted by Users (social media content) or otherwise made available through the Apps, except such Content owned by Pulse Fitness Ltd., its subsidiaries and business partners shall be deemed “User Generated Content”, including communications, materials, information, data, profiles, messages, notes, links to websites, text information, photos, music, videos, designs, graphics, sounds and any other content.
Users are granted a limited, non-exclusive right to create a text hyperlink to the Sites, provided such link does not portray PulseMove, Trakk or Pulse Fitness Ltd., their trademarks or any of their marks, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material.
Users agree not to use the Apps to post or transmit any material which is or may be infringing on intellectual rights of others, harassing, threatening, false, misleading, inflammatory, libellous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws in the local jurisdiction.
Users are solely responsible for their interactions with other Users, whether online or in person, including but not limited to comments, challenges, routes, friendly competition etc. Pulse Fitness Ltd. assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Apps, persons Users meet through the Apps, or persons who find Users due to User Generated Content posted on, by or through the Apps. Users agree to take reasonable precautions in all interactions with other Users on the Platform, and conduct any necessary investigation before meeting another person. Pulse Fitness Ltd. is under no obligation to become involved in disputes between Users, but may do so at its own discretion.
Pulse Fitness Ltd. does not monitor or pre-screen User Generated Content prior to posting. Pulse Fitness Ltd. does not undertake any obligation or liability relating to any User Generated Content or activities of Users on the Apps.
Where Pulse Fitness Ltd. acts as the data controller, it reserves all rights to edit, remove, or refuse to post any User Data, User Generated Content or terminate Users’ accounts for any reason.
THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS
Pulse Fitness Ltd. may choose at any time to have its business partners’ and other third parties’ products, services, advertisements and other offers made available via the Apps. Any such offerings made available to Users are made and offered directly by the applicable third party service provider or advertiser, unless otherwise expressly noted. Users acknowledge and accept that if they purchase any such products or services offered they are contracting directly with the applicable business partner, third party service provider or advertiser. Users’ correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such third party service provider or advertiser. Pulse Fitness Ltd. shall not be responsible or liable for the performance or non-performance of any third party service provider or advertiser and any loss or damages of any kind resulting thereof.
Where Pulse Fitness Ltd. acts as the data controller, it may at any time, where these terms have been breached, and without warning or notice, edit or remove in whole or in part any Users account and user generated content and further restrict Users use of all or any part of the Apps. Pulse Fitness Ltd. reserves the right to block Users from certain IP addresses or Device numbers and prevent access to the Apps. Users agree and understand that some user generated content, which is displayed outside their profile or on other platforms (e.g. Facebook, Twitter etc.), may continue to appear on the Apps or on other platforms even after user generated content is removed or user accounts are terminated.
SEVERABILITY AND PERSEVERANCE
Should any provision of the Terms be held invalid, unlawful, void or unenforceable, the remainder of the Terms shall continue to be valid and enforceable. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to all Users.
Pulse Fitness Ltd. only may assign its rights and obligations under these Terms to any party at any time without notice to Users.
Pulse Fitness Ltd. may, where permitted under any contract with your Facility (where relevant) use subcontractors to provide the Apps. Such subcontracting parties shall comply with the applicable provisions of the Terms.
The use of the Apps shall not construe any joint venture, partnership, employment or agency relationship between Users and Pulse Fitness Ltd.
Pulse Fitness Ltd. is entitled to make non-material amendments to these Terms at any time. Pulse Fitness Ltd. will inform Users hereof by mail, on the Sites, via the Apps and/or by other means deemed appropriate and adequate by Pulse Fitness Ltd.
Pulse Fitness Ltd.’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
The Apps’ services are rendered to Users under and in accordance with English Law. Any dispute between Users and Pulse Fitness Ltd. is governed in all respects by English Law, without regard to its choice of law provisions, and not by the 1980 UN Convention on contracts for the international sale of goods (CISG).
Users agree that any notice, agreement or other disclosed communication that Pulse Fitness Ltd. sends to them electronically will satisfy any legal communication requirements, including that such communications be in writing.
CONTACT AND NOTICES