Date last modified: July 1, 2017
2.1 The “Applications” shall mean this website, affiliated websites and all apps and software provided by Pink Gym (“we” or “us”) to be used on Apple iOS devices and Android devices and any updates/upgrades from time to time and any other software or documentation which enables the use of any of the Applications.
3. DATA PROTECTION & USAGE
3.1 Any personal information you supply to us when using our Applications will be kept private by us and will not be shared with other sites. We are committed to protecting your privacy and we take our responsibilities regarding the security of customer information very seriously. We request your consent to use your location data. It is important that you understand your location will be uploaded to servers for certain purposes. We do not make your location data available to other users and you have complete control over whether or not your location data is transmitted.
4. PROPRIETARY RIGHTS AND LICENSE
4.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in our Applications together with the underlying software code are owned directly by us and our partners.
4.2. We hereby grant you a worldwide free license to use our Applications for your personal use in accordance with these terms.
5. CONDITIONS OF USE
5.1. You shall not, nor shall you allow third parties on your behalf to, (i) make and distribute copies of our Applications; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate our Applications; or (iii) create derivative works of our Applications of any kind whatsoever.
5.2. Our Applications are currently made available to you free of charge for your personal, non-commercial use. We reserve the right to amend or withdraw our Applications, or charge for one or more of our Applications or service provided to you in accordance with these terms at any time and for any reason.
5.3. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using an Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
5.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
6.1. This Application is available to handheld mobile devices running Apple iOS and Android Operating Systems. We will use reasonable efforts to make the Applications available at all times. However, you acknowledge the Applications are provided over the internet and mobile networks and, therefore, the quality and availability of the Application may be affected by factors outside of our reasonable control.
6.2. We do not accept any responsibility whatsoever for unavailability of an Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable.
7.1. We may terminate use of one or more Applications at any time by giving notice of termination to you.
7.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Application(s);
8. LIMITATION OF LIABILITY
8.1. In no event are we liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to our Applications, including loss of profit or the like, whether or not contemplated by any party, whether based on breach of contract, tort (including negligence), product liability or otherwise.