Terms of Use & Privacy Policy

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BOWLFIT

End-User Licence Agreement

 

IMPORTANT INFORMATION

Under the Australian Consumer Law, several statutory guarantees apply to the supply of certain goods

and services. These guarantees mean that We are required to ensure that any services We supply to

you:

(a) are rendered with due care and skill;

(b) are reasonably fit for any disclosed purpose; and

(c) might reasonably be expected to achieve any result you have made known to Us 

(collectively, the Consumer Guarantees).

To the extent that we supply "recreational services" as defined in the Competition and Consumer Act

2010 (Cth), we are entitled under section 139A of that Act to exclude, limit or modify Our liability to

you for any personal injury or death suffered as a result of Our breach of the Consumer Guarantees.

However we cannot exclude our liability for any significant personal injury that is caused by our

reckless conduct. By accepting the terms set out in this document and using the App, you will be

agreeing that we exclude all liability (other than liability for significant personal injury caused by our

reckless conduct) for:

(a) death;

(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

(c) the contraction, aggravation or acceleration of a disease; or

(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstances, occurrence, activity, form of behaviour, course of conduct or state of affairs that:

(i) is or may be harmful or disadvantageous to you or the community; or

(ii) may result in harm or disadvantage to you or the community

arising from or in connection with your participation in any recreational services offered by Us.

1. Your acceptance

1.2 Your download and use of the BOWLFIT application software (App) offered by Bowlfit Pty

Ltd (ABN 75 608 157 455) (We/Us/Our) are governed by the terms of this End-User Licence

Agreement (Agreement). Use of the App is also governed by Our privacy statement

www.bowlfit.com.au/privacy which is incorporated into this Agreement by reference. Please

download and use the App only if you have read, understood and agree to the terms of this

Agreement.

1.3 You acknowledge and agree that this Agreement constitutes a binding agreement between you

and Us. Please read the terms of the Agreement carefully before proceeding to download the

App. If you do not agree to these terms, please do not download and use the App.

 

1.4 We reserve the right to change the terms of this Agreement at any time. The most recent

version of the Agreement will be available at all times on the App's profile page on the iTunes

App Store and Google Play where this App is available for download. Please check the App's

profile page on iTunes/Google Play regularly for changes, as your continued use of the App

following the posting of such changes signifies your acceptance of the modified Agreement

terms. This Agreement, as amended, will remain in full force and effect while you use the

App.

1.5 We reserve the right to change the content of the App in any way and at any time, with or

without notice to you, without liability. We may also withdraw the App at any time, with or

without notice to you, subject to a valid pro-rata refund of subscription fees.

2. Eligibility

2.1 The App is suitable for athletes aged 14 years and over. If you are under 18 years of age, you

should review this Agreement with your parent or guardian to make sure that you and your

parent or guardian understand it and agree to its terms. If you are under 18 years of age, you

will be required to provide the email address of a parent or guardian. By downloading the

App and setting up an account with Us, you confirm that you have obtained parental consent

to download and use this App in accordance with the terms of this Agreement.

3. Using the App

3.1 The information contained in the App is provided for general informational purposes only and

is not intended to replace or substitute professional medical advice, diagnosis or treatment.

3.2 If you engage in any exercise in connection with the App, you agree that your participation

may involve risks, including personal injury and death. Before relying on any information

contained in the App or beginning any exercise program, you should carefully consider the

information in the context of your fitness level and health condition, and consult with your

doctor before beginning any exercise program.

3.3 If you experience pain, faintness, dizziness or shortness of breath at any time, please stop the

physical activity immediately and contact your doctor before resuming.

3.4 You acknowledge and agree that you assume all risks in connection with your participation in

any exercise program that we may provide via the App.

4. Licence

4.1 The rights in the App are licensed to you, not sold to you. Subject to the terms of this

Agreement, We grant you a fully paid and royalty-free licence to install and use one copy of

the App on an Apple or Android device that you own or control (Your Device).

4.2 You agree to the following licence restrictions:

(a) to use the App solely for your personal, non-commercial use;

(b) not to reproduce, duplicate, copy or distribute the App (or any part of it) except as

necessary to use it on Your Device;

(c) not to reproduce, modify, translate, make derivative works from, disassemble, reverse

compile or reverse engineer any part of the App in order to build a similar or

competitive product; and

(d) not to remove, deface or destroy any copyright or other proprietary rights notice used

on, in or in connection with the App.

5. App intellectual property

5.1 The App is protected by copyright, trade mark and other intellectual property laws. You

acknowledge that:

(a) all intellectual property rights in the App throughout the world belong to Us or Our

suppliers or affiliates;

(b) this Agreement does not transfer any title to intellectual property in the App to you;

and

(c) your only rights to in respect of the App are as set out in this Agreement.

6. Cost of the App and subscription fees

6.1 The App is free to download, however certain features of the App require you to pay a monthly subscription fee.

6.2 The App includes a free trial period which will commence on the date of your subscription for a period of 30 days. Your subscription will be automatically renewed within 24-hours prior to the end of the 30-day free trial period for a further month and your nominated iTunes or Google Play Store account will be deducted with the current monthly subscription fee.

6.3 By entering into a free trial you expressly authorise Us to charge the monthly subscription fee to your iTunes or Google Play account at the conclusion of the trial.

6.4 If you do not wish to continue using the App at the end of the 30-day free trial period, you can manage your subscription and auto-renewal via your account settings as set out in Clause 7. If you do not unsubscribe at least 24 hours before the end of the free trial period your subscription will be automatically renewed for a further month and your nominated iTunes or Google Play Store account will be deducted with the current monthly subscription fee. 

6.5 If you cancel your subscription prior to the end of the free trial We may permanently delete any data, configurations or customisations related to your account.

6.6 A free trial cannot be used in conjunction with any other offer

6.7 Any unused portion of a free trial period will be forfeited if you purchase a subscription to the App, where applicable.

6.8 At Our sole discretion We may cancel your trial and delete the data related to your account.

6.9 Our current subscription fee of AUD$5.49 per month is set out on the "Subscribe" section of the App. We reserve the right to vary our subscription fees from time to time and will provide reasonable prior notice to you in the event that your subscription fees increase. If you do not accept the varied subscription fees, you may end your subscription in accordance with clause 7 below.

6.10 Your subscription will commence when we activate your account and continues on a rolling monthly basis unless and until terminated by you or Us in accordance with this Agreement. If you do not unsubscribe at least 24 hours before the end of your then current subscription period, your subscription will be automatically renewed for a further month and your nominated bank account will be deducted with the then current monthly subscription fee.

7. Ending your subscription

7.1 You can end your subscription at any time by turning off the auto-renewal function in Account

Settings in iTunes.

(a) If using an Apple device, go to Settings > iTunes & App Store > tap your Apple ID >

view Apple ID > tap Subscriptions.

(b) If using an Android device, Open Google Play Store > Tap Menu > Account >

Subscriptions > Find the Bowlfit Subscription > Tap Cancel

8. Suspension and termination

8.1 We may immediately suspend or terminate your subscription without notice to you if:

(a) you breach this Agreement and, in Our reasonable opinion, your breach is significant

or serious;

(b) you use the App for any unlawful or improper purpose; or

(c) your use of the App is, in Our reasonable opinion, likely to infringe the rights of any

other person.

If We suspend or terminate your subscription in accordance with this clause 8.1, you will not

be entitled to a refund of any amounts already paid to Us.

8.2 We may suspend or terminate your subscription for any other reason, subject to a pro rata

refund of subscription fees.

9. No transfer of subscriptions

9.1 You acknowledge and agree that your subscription is personal to you and you may not transfer

your subscription or any of your rights or responsibilities under this Agreement without Our

prior written consent. We, however, may transfer our rights and/or responsibilities under this

Agreement at any time without prior notice to you or asking for your consent, including in

circumstances where We sell our business or are acquired by a third party.

10. Security of your account

10.1 It is your responsibility to ensure the safety and security of your device and your Bowlfit user

account. You will be solely responsible and liable for all activity that occurs under your user

account.

11. Our responsibility to you and limits on liability

11.1 As a consumer, you have certain rights under consumer protection legislation, including the

Australian Consumer Law (referred to below as "Consumer Rights"), which cannot be

excluded or limited by Us, or which can only be excluded or modified to a limited extent.

Your Consumer Rights include statutory guarantees that any goods supplied to you will be of

acceptable quality and any services supplied to you will be provided in a timely manner and

with reasonable care and skill, and will be fit for any notified purpose. Nothing in this

Agreement is intended to exclude, restrict or modify your Consumer Rights beyond what is

permitted by law.

11.2 To the extent that We are permitted by law to do so, and subject always to paragraph 11.1

above:

(a) We make no representations or warranties, express or implied, under laws other than

the Australian Consumer Law with respect to the availability, performance, security,

characteristics or operation of the App and we will not be responsible for breach of

any such implied warranty or term;

(b) We will not be responsible for any modification, interruption, suspension or

discontinuation of the App, any technical faults which impact on the availability or use

of the App, except to the extent that these occur as a result of Our negligence or wilful

misconduct; and

(c) in no event We will be responsible for any special, consequential, indirect, incidental

or exemplary damages, or for any loss of profits, revenue, interest, goodwill, loss or

corruption of data suffered or incurred by you as a result of your use of the App or

your reliance on information obtained via the App, regardless of whether liability is

based on breach of contract, tort (including negligence), warranty, breach of statutory

duty or any other basis of liability.

11.3 To the extent that we supply "recreational services" as defined in the Competition and

Consumer Act 2010 (Cth), you acknowledge that your participation in the recreational services

may involve risks including personal injury and death. To the maximum extent permitted by

law, we exclude all liability for:

(a) death;

(b) physical or mental injury (including the aggravation, acceleration or recurrence of

such an injury);

(c) the contraction, aggravation or acceleration of a disease; or

(d) the coming into existence, the aggravation, acceleration or recurrence of any other

condition, circumstances, occurrence, activity, form of behaviour, course of conduct or

state of affairs that:

(i) is or may be harmful or disadvantageous to you or the community; or

(ii) may result in harm or disadvantage to you or the community,

arising from or in connection with your participation in any recreational

services offered by Us, but we do not exclude our liability for any significant

personal injury that is caused by our reckless conduct.

12. Your responsibility to Us

12.1 You agree to reimburse Us for any and all expenses, loss or damage (including legal fees) We

may suffer or incur arising from your breach of this Agreement and any third party claim

brought against Us in respect of your use of the App.

12.2 You acknowledge that if you infringe Our intellectual property rights in the App or associated

documentation, this could cause irreparable harm to Us. You agree that, in such event, We

shall be entitled to seek an injunction in addition to any other remedies available to Us.

12.3 You agree that you will not bring any claim against Us in relation to any loss, damage or

personal injury that you may suffer, or expense that you may incur, as a result of your

download or use of the App, except:

(a) to the extent that We have breached your Consumer Rights; or

(b) to the extent that the loss, damage, personal injury or expense is due to Our

negligence, reckless conduct or wilful misconduct; or

(c) where the law would otherwise prohibit Us from excluding Our responsibility for such

loss, damage, injury or expense.

12.4 You agree to reimburse Us for all expenses (including legal costs and expenses), losses and

liabilities of any nature or description We may incur either directly or indirectly as a result of:

(a) your download or use of the App;

(b) your breach of any term of this Agreement;

(c) any third party claim arising out of your download or use of the App; and

(d) you bringing a claim against Us when you have agreed not to do so,

except to the extent that such expense, loss or liability is due to Our own negligence, reckless

conduct or wilful misconduct.

13. Apple's responsibility and rights

13.1 If you are downloading and using the App on an Apple device, you acknowledge and agree

that:

(a) Apple, Inc. (Apple) and its subsidiaries are not parties to this Agreement, are not

responsible for the App or its content, and have no obligation whatsoever to furnish

any maintenance and support services with respect to the App. However, please be

aware that Apple and its subsidiaries are third-party beneficiaries of this Agreement.

Upon your acceptance of the terms of this Agreement, Apple will have the right (and 

will be deemed to have accepted that right) to enforce this Agreement against you as a

third party beneficiary of the Agreement;

(b) Apple is not responsible for addressing any questions, comments or claims relating to

the App and your use of the App;

(c) to the maximum extent permitted by applicable law, Apple will have no warranty

obligation whatsoever with respect to the App, or any responsibility for any claims,

losses, liabilities, damages, costs or expenses attributable to any failure to conform to

any such warranty;

(d) Apple is not responsible for addressing any claims made by you or a third party

relating to the App or your possession and/or use of the App, including but not limited

to: (i) product liability claims; (ii) any claim that the App fails to conform to any

applicable legal or regulatory requirement; and (iii) claims arising under consumer

protection or similar legislation; and

(e) Apple is not responsible for the investigation, defence, settlement and discharge of any

intellectual property infringement claim made by a third party arising from your

possession and use of the App, and that, except as set out in this Agreement, We will

be responsible for dealing with such claims.

14. Questions, complaints and claims

We are responsible for addressing any questions, comments or claims relating to the App and your use

of the App. If you have any comments, questions or complaints about the App, please email us at

info@bowlfit.com.au

15. Legal compliance

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.

16. General

16.1 This Agreement is governed by and will be construed in accordance with the laws of the State

of New South Wales, Australia.

16.2 You must comply with any applicable third party terms and conditions when using the App.

16.3 Our failure to enforce any term of this Agreement will not restrict Us from enforcing that or

any other term at a later time.

16.4 If part or all of this Agreement is unenforceable, it will be severed and the balance of the

Agreement will remain in full force and effect.

 

Bowlfit Privacy Policy

Bowlfit Pty Ltd (ABN 75 608 157 455) (Bowlfit) understands your desire to protect personal information. Any information collected will be held with the utmost care and with proper regard for privacy.

We maintain several email lists to keep customers informed about areas of specific interest. We do not sell, rent, loan, trade, or lease the addresses on our list to anyone. If at any stage you wish to have your name removed from the mailing list, please contact Bowlfit on info@bowlfit.com.au or click "unsubscribe" on the relevant E-mail.

Please remember that information you submit via E-mail is insecure. It should be regarded as insecure unless it has been encoded or encrypted. E-mail is often compared to a postcard in that anyone who receives it can read it. E-mail will be deemed public information and is not confidential. There is a risk in such communication methods that information can be collected / intercepted and used by others. Please be careful and responsible when you are using the Bowlfit app.

At any time, you may request a list and copies of personal information we hold about you. If for any reason you believe Bowlfit is holding inaccurate or incomplete information about you, you may request a correction and Bowlfit will amend as necessary. As relevant information may become out of date quickly we will update this information if required. 

In the event there is a major change to Bowlfit’s privacy practices, a notice will be posted on our app. If the change involves the use of your personally identifiable information, the notice will contain instructions on how you can opt-out of such use.