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Terms Of Use

BoxMate Terms Of Use

Last revision date: 11/05/18

This document outlines the terms by which you may use our platform "BoxMate" and its associated services including websites, web apps and mobile apps. By accessing and using the service you are bound by the below terms and you signify that you have read, fully understood and agree to the terms as well as give permission for your data/information to be collected and used as outlined in our Privacy Policy.

Visitors: any person that uses the public website before becoming a user/provider
User: a member of a gym registered with the service using the BoxMate application
Provider
: The gym registered to use the service referring to the main contact

BoxMate reserves the right to make amendments to this document at any time and you will be notified by the updating of the revision date stated at the top of this document. For non-substantive changes we will not provide notice, for substantive changes we will provide 7 days notice via email and/or in app notification during which period you may reject the terms by closing your account and stopping use of the service. Continuing to use the service after this notice period ends is considered acceptance of the new terms. If you do not agree to any of the terms outlined below do not access the service and use its applications either paid or free.

1 - Using The BoxMate Service

BoxMate is a performance tracking platform providing an application for gym coaches & admins to manage workouts/exercises/sessions/programming for the members of their gym, these members have their own application and profile where they track training records and monitor progress.

1.1 Eligibility

In compliance with this agreement and all applicable local/state, national/international laws, rules & regulations you are only classed as eligible to use the service if you are in a position to form a binding contract with BoxMate.

1.2 BoxMate Accounts

The information you provide when signing up for our service must be accurate and complete at the time of registration. You are fully responsible for your account activity and you must always keep your ligin credentials secure. It is encouraged to use a strong password (use a combination of numbers, upper/lower case letters and other symbols). In the event of a suspected breach/unauthorised use of your account you MUST notify BoxMate immediately. BoxMate will not be liable for any issues or losses caused by any unauthorised use of your account. You must NEVER use another users/providers BoxMate account without their permission. The services and functionality of applications that we develop, update and maintain on a regular basis are are accessed through your BoxMate account. If you are opening a BoxMate account as a provider on behalf of a company or other organisation you are stating that you are an authorised representative and with the authority to bind "You" and the company/organisation/entity to this agreement and that the terms outlined here are accepted. Your profile details and settings can be updated in the application, we will use your provided email address to send you service related notices including features and updates. Full details and how to opt in/out can be found in the Privacy Policy.

1.3 Service Rules

By using the service you are agreeing to not engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the service in any form, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the BoxMate servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that BoxMate grants the operators of public search engines revocable permission to use spiders to copy materials from www.boxmateapp.co.uk for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (e) uploading invalid data, viruses, worms, or other software agents through the Service; (f) collecting or harvesting any personally identifiable information, including account names, from the Service; (g) using the Service for any unlawful purposes, including, but not limited to, money laundering or the sale of illegal services or products; (h) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (h) interfering with the proper working of the Service; (i) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (j) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

We reserve the right to change/modify the service, limit use of the service or completely stop providing the service without prior notice. We may suspend/permanently terminate your access for any violation of this agreement or for no reason. Upon termination you continue to be bound by the terms of the contract.

1.4 Interactions/Offerings between Providers and Users

We reserve the right, but have no obligation to monitor disputes between you and other Users or Providers. BoxMate shall have no liability for your interactions with other Users or Providers, or for any User’s or Provider’s action or inaction.

1.5 Liability

BoxMate will not be liable in any event for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, death, emotional distress, and/or any other damages resulting from communications, meetings or activities with other users or providers on this service. you agree to take reasonable precautions if you interact with other users, particularly if you decide to meet offline or participate in any sports or fitness activities. You should consult with your physician or other healthcare professional before beginning or changing a fitness program and make sure you have completed all prerequisites if applicable to make sure that the activity is safe and appropriate for you.

2 - User Content

Areas of our service allow users and providers to post content such as profile information, photographs, questions, comments, statements, feedback and other information and this content is always by you. You agree not to post User Content that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) may create a risk of any other loss or damage to any person or property; (c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) may constitute or contribute to a crime or tort; (e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (h) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. BoxMate reserves the right, but is not obligated, to reject and/or remove any User Content that BoxMate believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant that: (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (b) your User Content and BoxMate's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; (c) BoxMate may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; (d) to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate; (e) BoxMate takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends overthe Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that BoxMate shall not be liable for any damages you allege to incur as a result of User Content.

3 - User Content License Grant

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to BoxMate a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and BoxMate’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement. If the features of the Service allow you to remove or delete User Content from the Service, the above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete such User Content from the Service. You understand and agree, however, that BoxMate may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.

4 - End User License Grant

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. BoxMate reserves all rights not expressly granted herein in the Service and the BoxMate Content (as defined below). BoxMate may terminate this license at any time for any reason or no reason.

5 - Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "BoxMate Content"), and all Intellectual Property Rights related thereto, are the exclusive property of BoxMate and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any BoxMate Content. Use of the BoxMate Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products. By making a suggestion, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place BoxMate under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, BoxMate does not waive any rights to use similar or related ideas previously known to BoxMate, or developed by its employees, or obtained from sources other than you.

7 - Rules Applicable to Providers

The following provisions apply to Providers only. These rules supplement any addition rules or policies BoxMate may provide to Providers from time to time.

7.1 User Data

Any User data provided to you by BoxMate, including User names and e-mail addresses, must be treated as confidential, and used strictly in accordance with the BoxMate Privacy Policy. You must notify BoxMate and all affected Users immediately in the event the security of any User data is compromised, and take immediate steps to mitigate any further disclosure of User data. If you communicate with Users for marketing or promotional purposes, you must provide clear opt-out instructions in each e-mail you send, and comply with all requests from Users who no longer wish to receive such communications from you.

7.2 Privacy

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected and used

7.3 Security

BoxMate cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8 - Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by BoxMate. BoxMate does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and BoxMate’s Privacy Policy do not apply to your use of such sites. You expressly relieve BoxMate from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that BoxMate shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

9 - Indemnity

You agree to defend, indemnify and hold harmless BoxMate and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your involvement in any and all events posted on the Service you may choose to engage in offline, including without limitation, physical activities, classes, sessions, or pick-up events; (ii) your use of and access to the Service, including any data or content transmitted or received by you; (iii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (v) your violation of any applicable law, rule or regulation; (vi) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

10 - No Warranty

The service is provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from BoxMate or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, BoxMate, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the service. BoxMate does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the BoxMate service or any hyperlinked website or service, and BoxMate will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

11 - Limitation of Liability

The Service is controlled and operated from its facilities in the United Kingdom. BoxMate makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Kingdom and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United Kingdom, or are a foreign person or entity blocked or denied by the United Kingdom government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United Kingdom.

12 - Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BoxMate without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Please contact us using info@boxmateapp.co.uk with any queries.

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