Terms of Service
The terms and conditions set out below (“Terms“) govern your use of the PODIUM mobile applications (each an “App“) and podium-coaching.com website (the “Website“), including the content and services provided on them (collectively, the “Services“). The Services are owned, operated and provided by Performance Lab Technologies Limited and our related companies (“we” or “us“).
By accessing, downloading, using or browsing the Services, you must accept and agree to be bound by these Terms. In these Terms, any person who accesses the Services is referred to as “you” or “your“. If you do not accept these Terms, you must refrain from using the Services.
If you have any complaints or questions regarding the Services or the Terms, please contact us through [insert link].
We reserve the right to make changes to these Terms by updating them on the Website or notifying you in the App. The revised terms will be effective once they are updated or notified to you and your continued use of the Services means you agree to the revised terms.
Your use of the Services
You agree you will not:
- use the Services directly or indirectly for any activity which breaches any laws, infringes a third party’s rights, is unlawful, or breaches the Terms;
- access the Services in order to build a product or service which is the same as or similar to the Services or which otherwise competes with the Services;
- use the Services to provide services to anyone else without our prior written permission;
- use the Services directly or indirectly, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email, spam or any other duplicative or unsolicited messages (commercial or otherwise);
- attempt to gain unauthorized access to the Services or use another person’s name, registration account or password;
- impersonate any person or entity or create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message you post on the Services or falsely state or otherwise misrepresent your affiliation with a person or entity;
- tamper with, hinder the operation of, or make unauthorized modifications to the Services;
- knowingly transmit any virus or other disabling feature to or through the Services;
- collect information about others, including email addresses, without their consent;
- engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches these Terms or is otherwise inappropriate for the Services; or
- use the Services other than as specifically permitted by these Terms.
Content on the Services
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials, including calculators, estimators, or other tools (collectively “Content”) is available on and through or generated by the Services. All Content is intended, and should be used, for general information purposes only and is not intended to substitute your own judgment or any advice from a qualified professional. All Content is supplied under the condition that, where appropriate, you will seek independent advice and make your own judgment as to whether they are suitable for your purposes before you use them or rely on them.
You acknowledge that the Content is for information purposes only and that any assumptions used and figures or plans generated are for purposes of general illustration and reference only and are subject to change depending on a variety of factors which may not have been taken into account. The Content is not intended to replace the care of your own physician, dietician or other qualified professional and may not be suitable for you and/or your circumstances. You acknowledge that the Content should not be relied on to diagnose a health or medical condition or problem or to alter, commence, or delay any course of medical treatment. You must not use or rely in any way on, the Content in a way which could make us liable to you or any third party.
Linked Sites and Third Party Products
The Services may contain links to external sites. Those sites are not part of the Services and, unless otherwise indicated, are not under our control. We make no representations about the accuracy of information or the quality of products and services found on any linked site and no responsibility is taken for material in them. We will not be responsible for the content of any of those sites or for any loss or damages suffered as a result of you using any linked sites. You agree that by accessing any linked site you are doing so at your own risk.
Unless stated otherwise, we do not investigate or endorse any person, company or organization other than us that uses, advertises, posts on or provides any material in relation to any events, information, products or services (“Products”) offered for sale or otherwise identified or provided by them on our Services. The availability of any advertisement or information about such Products on our Services does not constitute advice about the appropriateness, value or suitability of any Product, any particular transaction or course of action nor does it constitute any recommendation or endorsement by us of any Product or to you to enter into any transaction or follow any course of action. Any decision that you make about any Products offered, identified or provided through our Services or referred to or advertised on our Services must be based solely on your own evaluation of your circumstances and objectives and of the Product. We recommend that you independently verify the accuracy, currency or reliability of any Product made available via our Services and upon which you intend to rely.
Accuracy of Registration Information
When registering with us to use or access the Services, you must ensure that all information you provide is true, correct, complete, up-to-date and not false, misleading or deceptive in any material way. If you change your details while you are registered with us, you agree to ensure your details are updated.
Username and Password
It is your responsibility to keep your login (email address) and your password safe and secure. If there is any activity undertaken with your login details then you are responsible. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else then you must notify us as soon as possible. You must also change your password immediately. You acknowledge and agree that we may disable your login account or access to the Services if we discover that your login details have been provided to any third party. You agree to indemnify us against any and all claims arising out of your failure to maintain the confidentiality of your username and password.
We may provide users with the ability to submit user-generated content, including (without limit) comments, links, photographs or videos (“User Content”). You will not post on the Services, or transmit to other users, any User Content (including links to other content), or otherwise engage in any activity through the Services, that is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person; prevents any other user from using or enjoying the Services or which is false, misleading or deceptive in any way; or violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary or moral rights;
We reserve the right (but have no obligation):
- to decline to publish, or where already published, to remove any User Content that we consider in our absolute discretion is inappropriate for our Services for any reason;
- to establish general practices and limits concerning the uploading of User Content to or using our Services or the level and amount of your use of the Services and that these practices and limits may be modified from time to time;
- to monitor use of the Services by you and store and disclose any information we collect, including in order to investigate your compliance with these Terms or for the purposes of any police investigation or governmental request.
You agree that we have no responsibility or liability for the deletion or failure to store any User Content submitted by you to us.
By providing User Content to us for posting or publishing on the Services, you:
- authorize us to use any User Content you provide to us in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of us and its customers and the public;
- authorize us to edit, modify, amend or adapt or otherwise change your User Content;
- grant us a worldwide, royalty-free, non-exclusive licence to use and exploit all intellectual property rights in your User Content, in perpetuity, without restriction and without making any payment to you and without seeking any further approval from you, including publication of that User Content in hard copy publications or in electronic media, using your User Content in advertising or promotional material and permitting others to do any of these, including when others or we receive payment for doing this;
- waive all moral rights in your User Content and consent to us doing anything which we (or anyone permitted by us) may do in relation to your User Content which would otherwise be in breach of your moral rights. This includes us using your User Content without attributing you as the source of your User Content;
- warrant that you are the sole author or owner of the User Content;
- warrant that you have the right to grant the above mentioned license; and
You acknowledge that copyright, trademarks, and all other intellectual property rights (“IP Rights”) in the Services, including the Content, belong to us or our licensors. We grant you a perpetual, non-exclusive, royalty-free license to use the Content for your own reasonable private and non-commercial use only.
Without limiting the above, and subject to applicable law, you may not without our prior written permission:
- archive the Content or any part of it;
- form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
- redistribute or republish the Content;
- link to the Services without our prior written consent including (without limitation) linking in any way which:
- frames the Services;
- replicates the Services; or
- misleads any person regarding any association with us (whether implicitly or expressly).
The trademarks used on the Services are our trademarks or the trademarks of a third party. Nothing on the Services should be construed as granting any license to use any trademark without the permission of the owner.
You must not use any of our trademarks:
- as or as part of your trademarks;
- in connection with goods or services which are not our goods or services;
- in a manner that may be confusing, misleading or deceptive; or
- in a manner that disparages us or the Services.
You agree that we will be free to use Your Data for any purpose, commercial or otherwise, including for data analysis and market research purposes, and that we will be free to provide Your Data, and grant such use rights, to our business partners and other third parties (as long as we comply with these Terms and our legal obligations). For example, we may:
- provide Your Data (and information and insights in relation to Your Data) to you and any third parties with whom you agree to share Your Data;
- pass Your Data to third party service providers we use to provide the Services (including local or overseas data center and outsourcing providers);
- use Your Data to improve or enhance the Services and our other products and services; and
- use Your Data to perform research and data analysis.
You acknowledge that your use of the Services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, we and our service providers do not make any warranty that the Services will be error free, without interruption or delay or free from defects in design or engineering.
The compatibility of the Services is not guaranteed for all software or hardware of users.
If you make contact with a person through the Services and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the Services without the prior consent of that person.
Disclaimer and Limitation of liability
Under New Zealand Consumer Guarantees Act 1993 (“CGA”), you have various rights which we cannot exclude in these Terms. Nothing in these Terms is intended to limit those rights, but we exclude all other implied terms, warranties, guarantees or conditions to the fullest extent permitted by law.
To the extent permitted by law, we do not warrant the availability, accuracy, completeness, currency or reliability of any Services, including the Content. All Content provided by us via the Services are provided “as is” and “as available” and without warranties of any kind, whether express or implied, and you use and rely on such Content and the Services at your own risk. You understand that by using the Services, you may be exposed to content that is posted by third parties which you may find indecent or objectionable.
We do not represent or warrant that the Services or any part of them will:
- operate on a continuous or fault-free basis or at any particular time or location;
- be secure or private; or
- be free of viruses or other harmful features (including any files displayed or obtained from or through the Services or any website linked to them).
To the maximum extent permitted by law, we (and our officers, employees, agents or related bodies corporate) are not liable for any loss, damage, costs or expenses (whether direct or indirect) incurred by you or claims made against you in connection with:
- your use of, or inability to use, the Services;
- any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Services;
- any fault or error of the Services;
- any Products, goods or services supplied, offered or advertised on the Services;
- your reliance on and use of the Content, including any data or information generated by using the Services, or the materials in any sites linked to the Services;
- any modification, discontinuance or restriction of the Services,
even if we (or our authorized representative) have been advised of the possibility of such loss, damage, cost or expense. To the extent liability cannot be excluded, our liability is limited to the greater of NZ$50 and an amount equal to the total charges you paid to use specific features within the Services.
Your responsibility if you breach these Terms
Your liability for any breach of these Terms is limited to $50 but this limit does not apply to any losses, damages, and costs (whether direct or indirect) incurred by us as a result of your wilful breach of any of these Terms, fraud, breach of any intellectual property rights, or breach of any applicable law. In relation to such losses, damages and costs you specifically agree to indemnify and hold us and our affiliates, employees, agents, representatives and third party service providers, harmless from any and such claims and liabilities.
Changes to the Services
We can, at any time and for any reason, make changes to (including adding and removing) the functionality, format, Content, means of access, or operating system specification for, the Services (or part of them), with or without notice to you. You may be required to install upgrades and updates to the App or to upgrade the device you use to access the App (or the operating system running on that device) to continue to use the App. We will use reasonable efforts to ensure that any updates to the Services do not cause any problems to your use of the Services. Our liability to you if any such problems arise is limited by these Terms.
The illegality, invalidity or unenforceability of any part of the Terms will not affect the legality, validity or enforceability of the remainder.
We reserve the right to suspend, limited, cancel or disable your access to or registration with the Services without prior notice (i) if we reasonably believe that you or someone authorised by you breaches any of the Terms, (ii) if considered necessary by us due to technical or security issues, (iii) if there is a prolonged period of inactivity on the Services by you (iv) or if the Services are requested to do so by a government or law enforcement agency. We will make reasonable efforts to provide you any reasons for a decision to suspend, limited, cancel or disable your access or membership prior to doing so.
You can cease using the Services at any time. Simply removing the App from your mobile device will not have the effect of closing any of your accounts. You will remain responsible for Your Data and any activity through your accounts.
Upon termination of your registration you will be restricted from accessing any registered user only area of the Services, submitting any User Content to the Services and any User Content submitted by you to the Services or other information held by us in relation to your use of the Services may be deleted and is not returnable to you.
Third Party Rights
The Terms that give rights to our service providers or licensors are for the benefit of and are enforceable by, our service providers or licensors under the Contract and Commercial Law Act 2017, Part 2, Subpart 1 (and its successive legislation).
Apple Inc. software license (for iPhone or other Apple mobile device users)
You acknowledge that these Terms are between us and you, and not Apple Inc. You are given a revocable, non-transferable and non-exclusive license to install and use the App (including any updates to it) on a mobile device owned and controlled by you in accordance with these Terms and the Apple Usage Rules in the App Store Terms of Service.
If the App fails to conform to any applicable warranty (whether under New Zealand consumer law or otherwise), Apple will refund the purchase price (if any) for the App. However, subject to these Terms, we are solely responsible for the App, and Apple Inc. is not responsible for the App in any way. To the extent permitted by law, Apple Inc. has no warranty obligations whatsoever with respect to the App. You agree that we, and not Apple Inc., are responsible for the following things:
- the content of the App;
- addressing any claims by you or a third party in relation to the App, including but not limited to product liability claims, claims that the App fails to confirm to legal or regulatory requirements or consumer protection claims;
- investigating any claim that the App breaches third party intellectual property rights, and for defending, settling or discharging such claim; and
- maintenance and support services for the App.
You warrant that you are not located in a country that is subject to a US Government embargo or is designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties.
You acknowledge and agree that:
- Apple Inc. and its subsidiaries are third party beneficiaries of these Terms and that Apple Inc. has the right to (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary; and
- ‘iPhone’ and the ‘App Store’ are trademarks of Apple Inc., registered in the U.S. and other countries.
These Terms are governed by and construed in accordance with the law in force in New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts for any proceedings in connection with these Terms