Terms of Use & Privacy Policy

BOWLFIT

End-User Licence Agreement

IMPORTANT INFORMATION: Here we explain some key items for you to be aware of before entering into this Agreement. However, please read this Agreement in full before accepting it.

Consumer Guarantees and our exclusion

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

(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);

(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.

Our other disclosures

In this Agreement:

(a) We can cancel your free trial or subscription at any time and delete your data at Our discretion but We will provide you with notice and a pro-rata refund of any pre-paid Subscription Fee;

(b) other than as required by law, We make no representations or warranties, express or implied, 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;

(c) We exclude most of Our liability for any modification, interruption, suspension or discontinuation of the App, any technical faults which impact on the availability or use of the App, and 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;

(d) We ask you to reimburse Us for all expenses, loss or damage (including reasonable 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 misuse of the App;

(e) We limit the types of claims you can make against Us; and

(f) as explained in Our privacy policy, We may provide identifiable information about you to Our third party service providers in order for them to provide their services to us and us to make our App available to you.

1. Your acceptance

1.1 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 policywww.bowlfit.com.au/privacy which explains how We collect and handle your personal information. Please download and use the App only if you have read, understood and agree to the terms of this Agreement.

1.2 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.

1.3 We reserve the right to change the terms of this Agreement at any time with notice to you. 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. We will notify you if the terms of this Agreement change. Your continued use of the App following notice 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.

1.4 We reserve the right to change the content of the App in any way and at any time, with notice to you. We may also withdraw the App at any time, with notice to you. If we change the content of the App in a way that has a material adverse impact on you and you wish to discontinue use of the App, or if we withdraw the App, we will provide you a pro-rata refund of the Subscription Fee paid for any unused portion of the subscription period (if any).

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

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 (Subscription Fee).

6.2 The App includes a free trial period which will commence on the date of your subscription and continue for a period of 7 days.

6.3 If you do not wish to continue using the App at the end of the 7-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 the Subscription Fee will be deducted from your nominated iTunes or Google Play Store account.

6.4 By entering into a free trial and not cancelling at least 24 hours before the end of the free trial period, you expressly authorise Us to charge the Subscription Fee to your iTunes or Google Play account on an ongoing monthly basis (until cancelled) at the conclusion of the trial.

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 or traded for monetary value.

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

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

6.9 Our current Subscription Fees are set out on the "Subscribe" section of the App. We reserve the right to vary our Subscription Fee from time to time and will provide reasonable prior notice to you in the event that your Subscription Fee increases. If you do not accept the varied Subscription Fee, you may end your subscription in accordance with clause 7 below.

6.10 Your subscription will commence at the end of your free trial or when we activate your account and will continue on a rolling monthly basis unless and until terminated by you or Us in accordance with this Agreement.

7. Ending your subscription

7.1 You can end your subscription at any time by turning off the auto-renewal function in Account Settings, as follows:

(a) If using an Apple device, go to Settings > tap your name > tap Subscriptions.

(b) If using an Android Device, Open the Google Play app > At the top right, tap the profile icon > Tap Payments & subscriptions > Subscriptions

7.2 When you turn off the auto-renewal function, your subscription will end at the end of the subscription period for which you have paid the Subscription Fee.

8. Suspension and termination

8.1 We may immediately suspend or terminate your subscription with 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 (in Our reasonable opinion); or

Subject to your Consumer Rights (as set out in clause 11.1, 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, at any time, suspend or terminate your subscription with notice to you and without any specific 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 with prior notice to you but without asking for your consent, including in circumstances where We sell our business or are acquired by a third party.

10. How you can delete your account

To delete your account, login and navigate to main menu located at the top right of the app. Select Settings and you will be able to select 'Delete Account'. Once selected you will be asked to confirm you wish to permanently delete your account. When confirmed, your account will be deleted and you will be logged out. This cannot be undone. Please make sure to cancel any subscriptions for this app from your account. If you have any questions please contact our Privacy Officers listed below:

Bowlfit PTY LTD
info@bowlfit.com.au

11. Security of your account

11.1 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.

12. Our responsibility to you and limits on liability

12.1 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.

12.2 To the extent that We are permitted by law to do so, and subject always to paragraph 12.1 above:

(a) We make no representations or warranties, express or implied 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;

(c) our maximum aggregate liability to you in relation to any loss, damage or liability 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, will be limited to $500; and

(d) in no event will We 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.

12.3 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);

(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.

13. Your responsibility to Us

13.1 You agree to reimburse Us for any and all expenses, loss or damage (including reasonable 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 misuse of the App.

13.2 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.

13.3 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 breach of this Agreement, 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.

14. Apple's responsibility and rights

14.1 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.

15. 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

16. 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.

17. General

17.1 This Agreement is governed by and will be construed in accordance with the laws of the State of New South Wales, Australia.

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

17.3 Our failure to enforce any term of this Agreement will not restrict Us from enforcing that or any other term at a later time.

17.4 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.

See our Email Marketing Policy here.