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Terms:

Welcome to Fitafy, operated by Fitfam Findr Pty Ltd (“Fitafy”).

These are Fitafy’s Terms of Service (“Terms”). It’s important for you to read these Terms before using the Fitafy mobile application (“App”), or our website (www.fitafy.com), or any services offered on them (collectively, the “Services”), because they explain your rights and our rights. These Terms are a contract between you and Fitafy, and you are legally bound by these Terms once you access, view, or use our Services. If you don’t agree to these Terms, you may not access or use the Services.

General:

These Terms supersede any prior agreements or arrangements with you. Fitafy may (in its sole discretion)immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason (but without having to disclose such reason).

Supplemental terms may apply to certain goods or services, such as policies for a particular event, activity or promotion, and those terms will be disclosed to you if you participate. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms prevail over these Terms if there’s a conflict with respect to the applicable Services.

Fitafy may amend the Terms related to the Services from time to time. Amendments will be effective upon Fitafy’s posting of the updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after we post them means your consent to be bound by the new Terms.

Our collection and use of personal information in connection with the Services is as provided in Fitafy’s Privacy Policy, and that Privacy Policy is incorporated into and made a part of these Terms.

Eligibility:

No minors are permitted. You must be at least 18 years old to create an account on Fitfam Findr and use the Services. Second, you must be legally permitted to use the Services, meaning you’re not barred from using the Services under any applicable laws.

User Accounts:

You are responsible for maintaining the confidentiality of your Fitafy login credentials, and you may not use another person’s account without their permission (and we may at any time require proof of you having received this permission). That means you are solely responsible for all activities that occur under your Fitafy account. If you think someone has gained access to your account, you should immediately contact customer support through the App.

You may terminate your account at any time, for any reason. Just go to the “Settings” menu in the App and follow the instructions.

Fitafy may terminate your account at any time without notice including if it believes that you have breached these Terms. Upon termination (whether by you or by Fitafy), you won’t be entitled to any refunds.

Changes to the Services:

We may add, modify, or remove some functions and features from time to time. If these changes don’t materially affect your rights or obligations, we may not give you any advance notice.

All Content:

When you use our Services, you will see content provided by you, other members, and Fitafy. There are certain types of Content which are not permitted on the Services. We prohibit any language or material that is:

  • Infringing upon any third-party’s rights, like showing another person without that person’s consent, or impersonation;
  • Encouraging or conducting any illegal activity or purpose prohibited by these Terms;
  • Junk mail or spam;
  • Defamatory or libelous;
  • Used for the purpose of advertising, conducting, or soliciting commercial activities;
  • Offensive, obscene, inhumane, or pornographic;
  • Embarrassing, abusive, harassing, threatening, discriminatory, hateful, sexist, or racist;
  • Malware or code designed to interfere with the Services’ functions or misappropriate any data from Fitafy.

Content:

Content that you submit, will be viewed by other users and may be viewed by any person viewing or using the Services. Without liability to you, we may (but are not obliged to) monitor or review your Content, and remove or delete any Content that in our sole judgment violates these Terms, is in bad taste or might harm Fitfam Findr’s reputation.

All information you submit must be accurate, truthful and kept up to date. Content provided by you is entirely your responsibility, which means that you are liable for it and will indemnify, defend, release, and hold Fitafy harmless from any claims made in connection with your Content. You may not:

  • Display any personal contact or banking information, whether yours or that of any other person.
  • Publish any Content which represents (or which may have the effect of representing) to other Users that you are a different person.
  • Represent that any of your Content (including statements) is endorsed by Fitafy.
  • Use, access, or publish the programming interface of the App, or compromise the security of the Services, Fitafy’s users, or information.
  • Exploit or use any part of the Services without Fitafy’s express authorisation, including but not limited to, “framing” or “mirroring”.
  • Use or develop any third-party applications that interact with the App.
  • Employ meta tags or any other devices containing a reference to Fitafy, for the purpose of directing any person to any other website for any purpose.
  • Modify, sublicense, sell, decompile and or in any way alter or disassemble any portion of the App or the Services, or cause others to do the same.
  • Disguise the origin of any information transmitted through the App.
  • Use any device, method, or process to access, index, or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents.
  • Edit, copy, modify, adapt, reproduce, translate, or create derivative works from any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the App or the Services.  

Violations of any of these Terms is at your own risk. We may investigate and take legal action in response to any illegal or unauthorised use of the Services. We may pass on information you provide (including through Content you publish) to law enforcement authorities to the extent we determine necessary. We may also terminate your account without a refund of any purchases if you have violated these Terms or used the Services in any way that Fitafy deems inappropriate or unlawful, including behaviour that occurs off the Services but between users who met through Fitafy.

By providing or uploading your Content, you represent and warrant to us that you have all rights and licenses to do so, and automatically grant us a non-exclusive, royalty-free, perpetual, worldwide license to use your Content in any way. This means you grant us permission to host, store, use, copy, display, reproduce, adapt, edit, publish, market, modify, and distribute information you have provided us, made available through the Services. Our use of your Content is subject to applicable laws, and will only be used for the purpose of operating, developing, providing, marketing and improving the Services or researching and developing new services.

We may assign or sublicense the above license without any further approval by you. Even if you feel you have not violated any terms or rules, we may remove, edit, limit, or block any of your Content at any time, and we have no obligation to display or review your Content.

Member Content. Other users of the Services will also provide content that you may see.

That content is stored and displayed by us, but it is created and owned by the user who posted it. We’ll do our reasonable best to remove any content that violates these Terms, but we can’t guarantee that all content will comply with these Terms at all times (and you therefore acknowledge that you access Fitafy entirely at your own risk). Members do not have any rights to other members’ content. Members may only use other members’ personal information to the extent that use aligns with Fitafy’s purpose. If you see content on the Services that violates these Terms, please immediately contact customer support through the settings section of the App Fitafy Content. All other content appearing on Fitafy belongs to us. Any other graphics, user interfaces, logos, artwork, text, sounds, trademarks, and intellectual property appearing on the App or the Services are owned, controlled, or licensed by us and are protected by various copyright, trademark, and intellectual property laws, and such right, title, or interest remains with us at all times. Our content is provided to you ‘as is’ for your information and personal use only and may not be used for any other purpose (other than your use of the Services) whatsoever without FitFam’s prior written consent. In consideration for your use of the Services, you allow Fitafy, our affiliates, and our third-party partners to place advertising on the Services.

Safety:

You agree to use caution and exercise careful judgment in all interactions with other users, particularly if you decide to communicate off the App or meet in person.

When you submit content to Fitafy, it instantly becomes visible to other users all over the world. We suggest you to use extreme caution in disclosing personal details about yourself to third parties you meet through the Services. Fitafy takes the safety of its users extremely seriously but is unable to control your interactions with users (particularly if you meet another user in person). You therefore agree that to the maximum extent permitted by law, Fitafy will not be liable for any harm, loss or damage of any nature whatsoever that you suffer through your interactions with any use either on or off the App.

If you choose to reveal any personal information about yourself to others, by email or otherwise, you acknowledge and agree that it is entirely at your own risk. Don’t provide your financial information or send money to other users. Fitafy it is not responsible for the conduct of any user on or off of the Services.

You agree that we may access and disclose your account and content if required to do so by law or if we have a good faith belief that disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to any legal claims, or protect the rights, safety, or property of others.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT FITAFY DOESN’T CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHERWISE LOOK INTO THE BACKGROUND OF ITS USERS. FITAFY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. FITAFY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS ATANY TIME USING AVAILABLE PUBLIC RECORDS.

Purchases:

In-App Purchases.  Fitafy may offer products and services for purchase (“in-app purchases”) through iTunes, Google Play or other authorised application platforms (“Store”). If you make an in-app purchase, you will need to enter account details in the Store (“Store Account”), and your Store Account will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase (see Premium Subscription below) and the general terms for in-app purchases that apply to your Store Account. Payment(s) will be charged to your iTunes or Google Play account at confirmation of purchase.  Some Software Stores may charge you sales tax, depending on where you live.

In-app purchases include, but are not limited to, one time purchases or monthly services for Fitafy Premium Subscriptions.  

Premium Subscriptions. Fitafy Premium Subscription fees are monthly subscriptions (e.g. one-month, three-month, six-month and/or twelve months, etc.) for upgraded account features. Premium Subscriptions are charged in one lump sum (e.g. if you purchase a three-month subscription you will be charged for all three months at once on day 1 of your subscription).  If you purchase an auto-recurring periodic subscription through an in-app purchase, your Store Account will be billed continuously for the subscription until you cancel.  Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period.  Your account will be charged for renewal within 24-hours prior to the end of the current period, and will renew for the same amount of time the previous subscription was charged.  If you chose a three-month subscription, at the end of the three-months you will be charged for an additional three-months until your subscription is cancelled.  After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Subscriptions may be managed or cancelled by the user and auto-renewal may be turned off anytime by going to the user’s Account Settings after purchase.   If you don’t want your subscription to renew automatically, or if you want to change or terminate your subscription, you’ll need to log in to your Store account and follow the instructions to cancel your subscription. Deleting your Fitafy account or deleting the App from your device doesn’t cancel your subscription. It is your sole responsibility to manage your subscription settings. Fitafy will retain all funds charged to your Store Account until you cancel your subscription through your Store Account. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

To request a refund: 

If you subscribed using your Apple ID, refunds are handled by Apple, not Fitafy. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account please contact customer support through the settings section of the App with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are cancelling these Terms, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number.

DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY:

DISCLAIMERS.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FITAFY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FITAFY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FITAFY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ACTIONS OF OTHER USERS. FITAFY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES OR GOODS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. 

LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FITFAM FINDR, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM (DIRECTLY OR INDIRECTLY) YOUR USE OF THE SERVICES, EVEN IF FITAFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FITAFY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES (OF ANY KIND) OR OTHER ECONOMIC LOSSES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE ARISING OUT OF OR CONNECTED TO: (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF FITAFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FITAFY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND

FITAFY’S REASONABLE CONTROL. IN NO EVENT SHALL FITAFY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO FITAFY FOR USE OF THE SERVICES WHILE YOU HAVE AN ACCOUNT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. 

INDEMNITY.

You agree to the greatest extent permitted by law to indemnify, defend, and hold Fitafy and its affiliates, and their officers, directors, shareholders, employees, contractors, licensors, agents or service providers harmless from any and all claims, demands, losses, liabilities, and expenses of any nature whatsoever (including but not limited to legal fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Fitafy’s use of your User content; or (iv) your violation of the rights of any third party, including Third Party Providers.

DISPUTE RESOLUTION:

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by arbitration between you and Fitfam Findr, except that each party retains the right to bring an individual court action and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Further, unless both you and Fitafy otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Third Party Services.

The Services may contain advertisements and promotions offered by third parties and links to other web sites or resources. Fitafy is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through the Services, such party’s terms will govern their relationship with you. Fitafy is not responsible or liable for such third parties’ terms or actions. 

Miscellaneous:

These Terms, together with the Privacy Policy and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Services, contains the entire agreement between you and Fitafy regarding use of the Services. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. The failure of Fitafy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. You agree that your Fitafy account is non-transferable and all of your rights to your account and its content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of these Terms and you may not make any representations or bind Fitfam Findr in any manner. You may not assign these Terms without Fitafy’s prior written approval. Fitafy may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Fitafy’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

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