Terms of Use

1. Terms of Use

These Terms of Use (“Agreement” or “Terms”) set forth the terms and conditions that govern your use of the KuboFit digital web and mobile application (the “App”) operated by Fitness and Lifestyle Group Bidco Pty Ltd ACN 613 738 408 trading as KuboFit (KuboFit”, “us”, “weor our). The terms “you,” “your,” and “yours” refer to the user utilizing the App.

Please read these Terms carefully before using the App!

We do not charge you for using the App, although your network operator may charge you for data usage whilst using the App, and these charges may vary if you use your device abroad.

By accessing, viewing, using or downloading the App including any of the App’s ancillary services (“App Services”) you indicate that you accept these Terms and agree to be bound  by them. This Agreement includes any terms and conditions that relate to any specific product or service you access via the App.

2. Eligibility

In order to use the App you must be either;

  • using an iPhone which is running iOS 10.3 or above (iPhone 5s and above with Apple HealthKit; or
  • using an Android phone running OS5.0 or above (an Android phone with Google Fit) (each a "Device")

and be able to access the internet on each Device on which you wish to use the App (the "Requirements").

If you satisfy the Requirements and agree to be bound by these Terms, we grant to you a personal, non-assignable, non-transferable, non-exclusive licence to use the App in accordance with these Terms, as amended from time to time, and subject to any rules or policies applied by any app store provider or operator from whose site ("Appstore") you downloaded the App. If you do not satisfy the Requirements or do not comply with any of these Terms, the licence will be terminated immediately without notice to you and you must delete the App immediately.

3. Data and Location Services

By using the App or any of the App Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our products and to provide any services to you, in accordance with our Privacy Policy. Please see below for more terms about privacy.

Certain functions of the App make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device, but specific functions within the App will be rendered inactive and unable to be used. When you use the App, you consent to the transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Device.

4. KuboPass

To utilise the KuboPass functionality within the App (“KuboPass”);

  • you must be a member of a participating club;
  • you must be an individual;
  • have a current Australian residential address; and
  • complete the online or in-club join process through the participating club(s).

If you do not wish to register to become a member you may not be able to take advantage of the benefits of KuboPass.

It is your responsibility to keep your personal details updated by logging into your account or contacting the relevant club directly. If you do not keep your personal details up to date, we may need to cancel your account.

5. Notifications

As part of your use of the App, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from within your Device.

6. Your Responsibilities

We are and remain the owner of the App at all times, and you must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), license, alter, adapt or modify the whole or any part of the App in any way.

You acknowledge that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the technology used or supported by the App or any App Service other than the right to use each of them in accordance with this Agreement.

You may download the App to view, use and display the App on the Devices for your personal purposes only.

You must:

(a) not remove or tamper with any copyright notice attached to or contained in the App;

(b) not use the App or any App Service 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 the App, any App Service or any operating system;

(c) not use the App or any App Service in a way that could damage, disable, overburden, impair or compromise the App, or systems or security or interfere with another user's rights, use or enjoyment of the App;

(d) not carry out reverse engineering in respect of the App;

(e) comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the App or any App Service, which may include but is not limited to not using the App in a country where the use of the App or any App Services is unlawful;

(f) not upload any content that is obscene, inappropriate, offensive, unlawful, threatening or otherwise contrary to ordinary community standards, as determined by KuboFit in its absolute discretion; and

(g) comply with individual usage requirements of  KuboPass through the standard membership terms and conditions of the relevant participating club(s).

KuboFit may remove or suspend any content, or terminate this agreement at any time, with or without notice, if it determines in its absolute discretion that your use is contrary to any of these Terms. KuboFit does not actively monitor the content that is uploaded by users on to the App. If you believe any content that has been uploaded by a user is not in accordance with these Terms, you can contact us  on our website via the ‘Make and Enquiry’ link.

7. Content

KuboFit may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via the App. You retain all rights to Your Content that you post on the App. By making Your Content available on or through the App you hereby grant to KuboFit a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us are only for the limited purpose of offering and improving the App.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.

You represent and warrant that Your Content, the use and provision of Your Content on the App, will not:

  1. infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
  2. violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  3. be fraudulent, false, misleading, or deceptive;
  4. be defamatory, obscene, pornographic, vulgar, or offensive;
  5. promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
  6. be violent or threatening or promote violence or actions that are threatening to any person or entity; or
  7. promote illegal or harmful activities or substances.

You further agree not to:

  1. upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content;
  2. use or attempt to use another user’s account without authorization, or impersonate any person or entity;
  3. harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications;
  4. post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or
  5. use the KuboFit app in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the App, or which may expose us or our users to any harm or liability of any type.

KuboFit may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the App.

8. Service Availability

We will not be liable or responsible for:

  • any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of or suspension of public or private telecommunications networks; or
  • the App not meeting your individual requirements or the App containing defects or errors, as the App has not been developed specifically for you.

It is your responsibility to ensure that the facilities and functions of the App meet your requirements or any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your Device, data or other proprietary material due to your use of the App or the App Services.

Additionally, by using the App or any App Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any App Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

9. Copyright and Trademarks

Copyright in works contained in the App, including but not limited to all content, logos, software, design, text, sound recordings and images, are owned, or licensed, except as otherwise expressly stated, by us. You may access the App for your own use of the facilities offered. You may not otherwise copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the App or any of its components.

Featured words and symbols, used to identify the source of goods and services, are the trademarks of their respective owners.

10. Version Control

KuboFit reserves the right to ensure our users are on the latest version of the App. This ensures KuboFit has the latest security and functions. KuboFit will always support the latest production release of the application in the App Stores.

From time to time updates to the App may be issued to you through the Appstore. Depending on the update, you may not be able to use the App or App Services until you have downloaded the latest version of the App and accepted any new terms. We require all users of the App to be on the latest supportable version.

11. Limitation of Liability

To the maximum extent permitted by law, including the Australian Consumer Law, no warranty or representation is made about the App or the content provided throughout, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

To the maximum extent permitted by law, Kubofit and its officers, employees, consultants, contractors or agents will not be liable for any loss howsoever arising in connection with the use of this App or this Agreement, including, without limitation, any changes to the Terms or changes to the App.

12. Termination

We may terminate this Agreement immediately at any time, with or without notice, if you have breached this Agreement.

We reserve the right to cease operating the App or any of the App Services at any time without notice, and to terminate this Agreement.

13. Privacy

Your privacy is important to KuboFit. Our Privacy Policy (available www.kubofit.com) is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our Privacy Policy.

14. General

We can be contacted via kubofit.com through the Make an Enquiry link or through the App.

This Agreement shall be read and interpreted in accordance with the laws of New South Wales, Australia. Any dispute, which cannot be resolved, shall be resolved in the New South Wales courts.

If any open-source software is included in the App or any App Service, the terms of an open-source license may override some of the terms of this Agreement.

We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the App. Your continued use of the App constitutes your acceptance of these new Terms.