Terms of Use

Preamble

Youloveit is an app established and maintained by Youloveit Limited (NZBN 9429042255604 trading as Youloveit) (“Platform”), which may be accessed using your mobile or other portable devices.

Terms of Use

These are the terms governing the use of Youloveit (“Terms”) and the agreement that operates between you as a user (“user”, “you”, “your”) and Youloveit Limited (“Youloveit”, “we”, “us”, “our”). These Terms set out the rights and obligations of all users regarding the use of Youloveit.

These Terms apply to all visitors, users and others who access or use Youloveit. By accessing or using Youloveit, you agree to be bound by these Terms. If you disagree with any part of these Terms then may not access or use Youloveit.

You represent that you are over the age of 18. We do not allow those under 18 to use Youloveit.

Our Privacy Policy (available here) describes how we collect, use, store and disclose your personal information when you use the Platform and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using the Platform.

We may change the content and functionality of the Platform at any time by way of a software update, which will be notified to you in advance. We may also change these Terms at any time. We will notify you if we do change our Terms by posting the revised terms of use on the Platform.

You do not have to accept the software update or agree to the revised terms. If you do not accept the software update, you will not be able to use the new or improved content and features in the updated the Platform. If you do not agree to the new terms, then you cannot continue to use the Platform.

Intellectual Property

You acknowledge and agree that:

  1. all intellectual property rights (whether registered or unregistered) in the content, layout, design, concept, graphic, software and organisation of the Platform, and all related graphics, logos, trade marks, product and service names (including Youloveit) (“Our IP”) are owned by us;
  2. you will not do anything to or which might hinder, impede, invalidate or challenge our ownership of or entitlement to use or the registration of any part of Our IP or which might diminish the value of Our IP in the Platform; and
  3. any use of the Platform, including its content and other related services, other than as expressly permitted by these terms of use or by law, is not licensed and is strictly prohibited.

Your Platform Use Licence

Your use of the Platform and access to the content on the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform. Your right to use Our IP is limited and subject to the following:

  1. we grant to you a limited, personal, non-exclusive, non-transferrable, non-sublicensable and revocable licence to access and use the Platform (or any part of it or its contents) for your own personal use and you must not copy, reproduce, republish, upload, re-load, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without our prior written consent;
  2. You must not copy, modify, reproduce, republish or post on any online platform Our IP;
  3. You must not adapt, communicate, transfer, commercially use, sell or otherwise deal with Our IP;
  4. You must not attempt or tamper with or decompile or reverse engineer any software contained in Our IP; or
  5. You must not remove any copyright or other proprietary notations from Our IP.

We reserve our right to monitor your use of the Platform and to alter or revoke your licence or your access to the Platform at any time and for any reason. Your licence shall terminate upon the expiry, cancellation or termination of your account that you create subscribing to the use of our Platform (“Account”).

Contributed Content & Waiver by You

By posting or otherwise contributing any content or materials to the Platform (“Your Content”), you grant us an exclusive, royalty-free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Your Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive, agree irrevocably to asset) any and all moral and legal rights to which you may be entitled anywhere in the world in respect of Your Content.

You represent and warrant that prior to uploading Your Content:

  1. Your Content is yours or you have the right to use it, and license the rights and ownership of Your Content to us as provided in these Terms: and
  2. uploading the Content on or through the Platform does not violate the rights of any person.

By granting us the above licence to use Your Content, you waive any right to compensation other than as agreed in writing with Senior Management between you and us. You agree not to, nor allow others to, use, license, distribute, market, exploit Your Content or any of its parts commercially without our written consent.

If you are using the Platform for the purpose of uploading Your Content, you agree not to post or transmit any communications or materials that may (but without limitation):

  1. Advertise or promote any services or brands (with respect to you or any third party);
  2. Be dishonest or which spreads false or misleading statements;
  3. be libellous, defamatory, indecent, obscene, racist, pornographic, offensive, harmful, threatening, harassing, abusive, hateful, fraudulent, sexually explicit, deceptive, or misleading, or constitute stalking, or disclose Personal Information about another person;
  4. violate the privacy or property rights of others, including any unauthorised copyrighted communications or materials, trade secrets, protected intellectual property rights, or other confidential or trademarked proprietary information;
  5. post or transmit any file containing any viruses or any contaminating or destructive code or features;
  6. constitute requests for charity, petitions for signatures, chain letters, or communications or materials for any pyramid schemes, advertising, solicitations, or promotional communications or materials of any kind, or be used to harvest or collect information about other users;
  7. contrary to any applicable laws; or
  8. be deemed unacceptable for any reason by us as determined in our sole discretion.

We may take steps as we consider necessary to investigate any violation of these Terms, and/or block or delete any Account held with us.

By logging on, downloading or using the Platform, or uploading Your Content to the Platform, to the maximum extent permitted by law, you fully indemnify and hold us, our officers, directors, shareholders and employees harmless from all liabilities, damages, accidents, injuries, fines, penalties, losses, costs and expenses (including legal costs on a solicitor client basis, and expenses) incurred or suffered by us relating to any breach by you of these Terms or any law, or any conviction or proceedings instigated against us or such persons arising from or incidental to a breach, your use of the Platform or as a result of your fitness activities, which you may incur.

Your Obligations

You agree that:

  1. you are responsible for and must take all reasonable care to ensure that the information you record in the Platform is true, complete and accurate;
  2. you must take responsibility for, and use your best endeavours to prevent unauthorised use of, and access to, the Platform and your Account and to protect your Personal Information (as that term is defined under the Privacy Act 2020) at all times;
  3. you will immediately notify us of any errors, inaccuracies, bugs, viruses or defects affecting the operation of the Platform;
  4. you will immediately notify us if you become aware of any unauthorised access or use of your Account;
  5. you will not use any data mining, robots, crawling, scraping, caching or similar data gathering or extraction methods in relation to the Platform;
  6. you will not register or attempt to register any third party on the Platform;
  7. you will not tamper with or introduce any bugs or Trojan horses into, or cause any security breaches to, the Platform; and
  8. you will not use the Platform for any purpose other than as provided in these Terms.

You agree to indemnify us, and hold us harmless, our subsidiaries, partners, officers, employees and agents in respect of any loss or damage (including reasonable legal expenses) arising out of or in connection with any breach of or failure by you to comply with these Terms.

Termination of Your Account

You may terminate your Account at any time.

We may suspend or terminate your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination of your Account for any reason, you must destroy or cleanse your devices of any of Our IP in your possession or control, whether in electronic or printed format.

Disclaimer

The Platform is provided to you on an 'as is' and ‘as available’ basis and may from time to time contain errors, faults and inaccuracies. To the extent permitted by law, we make no representation and provide no express or implied warranty or guarantee in relation to the Platform, the security of the Platform, the safety of any file or software associated with it (such as safety from any virus or defects including those which could damage or interfere with any data, software or hardware with which it might be used) or that access to the Platform will be uninterrupted or continuous.

While reasonable care is taken in its preparation, to the extent permitted by law, we do not guarantee or warrant the accuracy, quality, completeness, reliability or currency of the Platform (including any errors in or omissions from the content of the Platform), or of any materials, information, products or services promoted or accessed via the Platform.

Fitness & Nutritional Information Disclaimer

The Platform can offer health and fitness information including, without limitation, advice and recommendation, that is provided solely as general education and informational purposes.

Use of the advice and information contained in the Platform is at your own risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult your physician or healthcare provider before beginning any nutrition or exercise program.

If you choose to use this information without prior consent of your physician, you are agreeing to accept full responsibility for your decisions and agreeing to hold us harmless.

Always consult a physician before starting a workout program, changing your workout routine, or changing your diet. Not all workout routines, exercises and/or activities are suitable for everyone. If you feel discomfort or pain, you must discontinue any exercise and consult a medical expert. The instructions and advice presented are in no way intended as a substitute for medical advice or psychological counselling.

Limitation of Liability

Our liability (and any other party involved in creating, producing or delivering the Platform), whether in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising out of or in connection to your access, use of or inability to use the Platform, or any errors or omissions in the content thereof, is excluded to the fullest extent permitted by law.

To the extent that our liability is not otherwise limited or excluded, and to the maximum extent permitted by law, our aggregate liability to you whether in tort, contract, or at law (including for a misrepresentation) or otherwise for any loss, damage, or injury in relation to the use of the Application in the 12 months prior to the date of the claim is limited to $1 or the nearest dollar to enforce this limitation.

Pre-Release Usage

If you are one of the users of the app in a pre-release format, whereas the Platform contains features not released widely, then the information and usage of the pre-release app is confidential as features may be adjusted, modified or removed may not be deemed suitable to release widely. This may be, without limitation, used for pending IP protection policies or reviews with associates in relation to Our IP.

Links & Third Party Content

We have not reviewed all of the website links contained in The Platform and we are not responsible for the contents of any such linked site, other than a site operated by us. The inclusion of any link does not imply endorsement by us of the site and use of any such link is at your own risk.

In using the Platform, you may view content provided by third-parties (“Third Party Content”). Unless stated otherwise, we do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable in your jurisdiction.

Assignment

You may not assign or novate your rights or obligations under these Terms to any person without our consent. We may assign or novate its rights or obligations under these Terms to any person without your consent.

Governing Law

These terms of use are governed by and construed in accordance with the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.

Contact Us

If you have any feedback about these Terms of Use, you can send this to us by email: admin@youloveit.co

Subscription Pricing & Terms

The Platform is free to download. Ongoing use requires an active subscription, available on a monthly or yearly basis. Yearly subscriptions are billed the total annual fee from purchase date. Monthly subscription users are billed per month in advance.

We reserve our right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.

Payment will be charged to your credit card through your relevant app store where you subscribe to the Platform at confirmation of purchase. Subscription renews automatically unless cancelled at least 24 hours prior to the end of the subscription period.

Your subscription will automatically renew unless you cancel within 24 hours before the end of the current billing period. However, you may cancel your subscription at any time through your relevant app store and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.

The cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store.

End-User Terms Required by Apple

You acknowledge and agree that, if you are using the iPhone Application version of the Platform:

  1. these terms of use are between you and us, and not Apple, Inc. (“Apple”);
  2. we, and not Apple, are solely responsible for the Platform and Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Platform;
  3. subject to the consumer guarantees provided for in consumer protection legislation, Apple will have no warranty obligation whatsoever with respect to the Platform;
  4. Apple is not responsible for any claims that you have arising out of your use of the Platform;
  5. Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the Platform infringes third party intellectual property rights;
  6. you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and
  7. Apple and its subsidiaries are third party beneficiaries of these terms of use and, by accessing or using Youloveit, you are deemed to have accepted these Terms and are bound by them, in which case, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.