Terms of Use

This is a legal agreement (“Agreement”) between you (the person accessing, viewing, using, or installing the app and referred to as “you”) and KuboFit Pty Ltd (ABN: 64607847192). The terms “KuboFit,” “we,” “us,” and “our” refer to Fitness and Lifestyle Group Bidco Pty Ltd. and its affiliates including KuboFit Pty Ltd (ABN: 64607847192), Fitness First Australia Pty Ltd, Goodlife Operations Pty Ltd, Jetts Company Clubs Pty Ltd, Go Health Clubs, and Hypoxi Australia Pty Ltd. The KuboFit digital web and mobile applications (the “App”) are operated by KuboFit Pty Ltd (ABN: 64607847192). The terms “you,” “your,” and “yours” refer to the user/customer utilizing the App

We do not charge you for usage of 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 you indicate that you accept the terms of this Agreement and that you agree to abide by them. The terms of this Agreement include any terms and conditions that relate to any specific product or service you access via the App.

The App is a form of online service. The terms of this Agreement apply to the App and the use of the App and Online Services (defined below).

In order to use the App you must be either;

  • using an iPhone which is running iOS 8.2 or above (iPhone 5s and above with Apple HealthKit (each a "Device"); and be able to access the internet on each Device on which you wish to use the App (the "Requirements")
  • using an Android phone running OS4.1 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 abide by the terms of this Agreement, we grant to you a personal, non-assignable, non-transferable, non-exclusive licence to use the App in accordance with those terms, as amended from time to time, and subject to any rules or policies applied by any appstore provider or operator from whose site ("Appstore") you downloaded the App. If you do not satisfy the Requirements or do not agree to any of these terms, we will not license the App to you and you must delete the App immediately.

Using the App

KuboFit designs products and tools that help you achieve your health and fitness goals and empower and inspire you to lead a healthier, more active life. You may use the App in accordance with Terms and Conditions, together, with the App Services.

You may not use the App for any purpose other than the App Services.

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 App Services 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 these App Services, you consent to us 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.

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 the terms of this Agreement.

You may download the App to view, use and display the App on the Devices for your personal purposes only. You must delete the App from a Device if you change that Device or intend to dispose of it.

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; and

(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.

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 of Use. 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 of Use, you can contact us by email at [email protected].

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 KuboFit app. You retain all rights to Your Content that you post to the KuboFit app. By making Your Content available on or through the KuboFit app you hereby grant to Fitbit 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 KuboFit 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 KuboFit app, and your use of the KuboFit app will not (a) 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; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) 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 Fitbit Service, 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 KuboFit app.

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;
  • 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.

All content and services on or available through the App are provided on an "as is" basis and we do not make any representation or give any warranty or guarantee in respect of the App or its content.

Copyright and Trademarks

Copyright in works contained in the App, including but not limited to all 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.

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. You may not be able to access the app if you are not using the latest version. KuboFit will always support the latest production release of the application that is in the app stores.

Termination

We may terminate this Agreement immediately at any time, with or without notice, if you have significantly broken this Agreement or the Terms of Use.

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.

On termination for any reason you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify, if we so request, to us that you have done so.

You may terminate this Agreement at any time by deleting the App from all Devices that you have installed it on.

Privacy

Your privacy is important to KuboFit. The Privacy Policy 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. You can find a copy of our privacy policy at kubofit.com (“Privacy Policy”).

You consent to us collecting, using and disclosing any personal information including health and wellness information submitted by you through the App, and you also consent to us collecting, using, disclosing and otherwise managing that personal information in accordance with the Privacy Policy. We will also manage your health and wellness information in accordance with applicable privacy laws. You may contact KuboFit about your personal information by completing the form located at kubofit.com/privacy or by writing to KuboFit, 9 Godwin St, Bulimba, QLD, 4171, Australia.

We may use and disclose your personal information to any association or entity which we have contracted with to provide benefits to you (“Partners”) and any other person (including related bodies corporate, agents and contractors) for the purposes of:

  • us or any of our related bodies corporate, providing products or services
  • us or any of our related bodies corporate improving customer service, including by means of research, marketing, product development and planning;
  • us marketing our products or services or the products or services of third parties

If all or any part of the requested information is not provided by you or if you do not give the consent referred to above, the services provided to you by the App may be affected.

On request by you, we will provide you with access to and the ability to correct your personal information held by us unless we are required or permitted by law to refuse that access or correction. Only you will be entitled to access your information. However, we comply with validly served and executed court orders and subpoenas and cooperates with investigations by State, Federal and international agencies. Under those circumstances, or where otherwise required by law, your information may be shared with others with or without your knowledge or consent.

Our Privacy Policy contains more information about how we manage personal information and about how you may access and seek correction of the personal information that we hold about you. Our Privacy Policy also contains information about how you may complain about a breach of your privacy and about how KuboFit will deal with such a complaint.

Other Conditions

We can be contacted using the details in the Terms of Use, and via kubofit.com

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

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.

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. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App Services.