We are always striving to improve our Services and as such, we may change, add new features or discontinue part or all of our Services. This change in our Services may occur at any time and without notice.
Other Applicable Terms
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site or App. When using our Site or App, you must comply with this Acceptable Use Policy.
- Our Important Information, which sets out the terms to which you must consent upon registration of a Myzone® physical activity belt.
If you purchase products on our Site or App, in addition to the terms herein, the Terms and Conditions of Sale of the online store from which you purchase products will apply to any such purchase. The Terms and Conditions of Sale are an agreement between you and the supplier as stated therein.
Information about Us
Any website which contains myzone.org, myzone.shop, myzone.fitness or myzonemoves.com in the domain address is a site operated by Myzone Limited (“we”, “our” or “us”). We are registered in the Isle of Man under company number 006566V and have our registered office at Falcon House, Ridgeway Street, Douglas, Isle of Man IM1 1EL, British Isles. Our VAT number is GB 003 3395 15. We are a limited company.
Changes to these Terms
Changes to Our Site or App
We may update our Site or App from time to time, and may change the content at any time. However, please note that any of the content on our Site or App may be out of date at any given time, and we are under no obligation to update it.
Accessing Our Site or App
You have a limited, non-exclusive, non-transferable, non-sublicensable right to access our Site on a temporary basis and to download and install a copy of the App on your mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes.
Your Account and Password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
You are entirely responsible for any and all activities that occur under your account. We will not be liable for any loss, damages, liability or expenses (including legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge.
You agree to provide true, accurate, complete information on your account as prompted by the registration form and the Services that you use. Should any information that you provide be untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account, and refuse to provide you with further access to any portion of our Services.
Intellectual Property Rights
No Reliance on Information
We are not a medical organisation and the content and exercise-related information on our Site or App is provided for general information only. It is only ever intended to assist with user’s general fitness and wellness. It is not intended to amount to medical advice or diagnosis on which you should rely, does not constitute medical or other professional health advice and is not intended to address the circumstances of any particular individual. We urge you to consult a physician or other health professional before beginning any health, fitness or wellness related efforts or if you have questions regarding your health or the use of our products. Any data or reports generated through our Services should not be treated as a substitute for medical consultation, evaluation or treatment.
Descriptions of products on this Site or App will not constitute product labelling. You should use products in accordance with the instructions contained on the cartons and labels found on those products in the country of purchase. The cartons and labels may contain additional disclaimers and limitations of liability, and by using the products you accept such disclaimers and limitations of liability. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site or App.
Although we make reasonable efforts to update the information on our Site or App, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site or App is accurate, complete or up-to-date.
EXCEPT FOR THE PRODUCT WARRANTY SET FORTH BELOW, THIS SITE OR APP, THE CONTENT ON THIS SITE OR APP AND ALL PRODUCTS AND SERVICES PURCHASED THROUGH THIS SITE OR APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EXCEPT FOR THOSE IMPLIED BY STATUTE THAT CANNOT BE EXCLUDED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTY OF NON-INFRINGEMENT. WE DO NOT REPRESENT, WARRANT OR PROMISE THAT THIS SITE OR APP, OR CONTENT ON THE SITE OR APP WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR APP OR THE SERVER THAT MAKES THE SITE OR APP AVAILABLE IS SECURE OR FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR PROMISES REGARDING THE CONTENT ON THIS SITE OR APP IN TERMS OF THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. WE DO NOT REPRESENT, WARRANT OR PROMISE THAT THE PRODUCTS OR SERVICES PURCHASED ON THIS SITE OR APP WILL BE DEFECT-FREE OR DELIVERED IN ANY MANNER OR WITHIN ANY TIMEFRAME. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR PROMISES WITH RESPECT TO THE PROCESSING OF ANY PAYMENT YOU MAKE; ALL PAYMENTS FOR PRODUCTS SOLD ON THIS SITE OR APP ARE MADE TO THE SUPPLIER OF THE PRODUCTS. A THIRD PARTY SUCH AS PAYPAL MAY PROCESS YOUR PAYMENT, AND WE DISCLAIM ALL RESPONSIBILITY ASSOCIATED WITH SUCH PAYMENT PROCESSING.
LIMITATION OF OUR LIABILITY
We assume no responsibility for THIRD-PARTY content ON OUR SITE OR APP, OR CONTENT ON A WEBSITE linked TO ON our Site or App OR that LINKS TO OUR SITE OR APP. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
THE TERMS AND CONDITIONS OF SALE BETWEEN YOU AND THE SUPPLIER OF PRODUCTS INCLUDE ADDITIONAL DISCLAIMERS AND LIMITATIONS ON LIABILITY. PLEASE READ THE TERMS AND CONDITIONS OF SALE CAREFULLY. THE TERMS AND CONDITIONS OF SALE IS AN AGREEMENT BETWEEN YOU AND THE SUPPLIER OF PRODUCTS. WE ARE NOT A PARTY TO THE TERMS AND CONDITIONS OF SALE UNLESS STATED OTHERWISE THEREIN. WE WILL NOT BE LIABLE IN ANY WAY FOR PAYMENT PROCESSING OR THE UNAUTHORIZED USE OR DISCLOSURE OF YOUR PERSONAL OR FINANCIAL INFORMATION BY THE SUPPLIER OF PRODUCTS, PAYPAL OR ANY OTHER THIRD PARTY, UNLESS STATED OTHERWISE IN THE TERMS AND CONDITIONS OF SALE. WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY.
Uploading Content to Our Site or App
Whenever you make use of a feature that allows you to upload or post content to our Site or App, or to make contact with other users of our Site or App, you must comply with the Content Standards set out in our Acceptable Use Policy.
Any content you upload or post to our Site or App will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site or App constitutes a violation of their intellectual property rights, or of their right to privacy.
All comments, feedback, suggestions, ideas, and other submissions that you upload, disclose, post, submit or offer to us in connection with your use of or related to the Site or App or products (collectively, “Comments”) will become our exclusive property. Your Comments assist us in improving and developing the services we provide. Your submission of a Comment constitutes a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory relating to submissions. We are not and will be under no obligation to hold any Comments in confidence or respond to any Comments. You represent and warrant that you have the right to submit your Comments, and you are and shall remain solely responsible for your Comments.
You retain all rights to your performance data generated using our products and services.
We have the right to remove any posting you make on our Site or App if, in our opinion, your post does not comply with the Content Standards set out in our Acceptable Use Policy.
The views expressed by other users on our Site or App do not represent our views or values.
Should you wish to amend or remove any Comments or posts you make please email us at [email protected].
We do not guarantee that our Site or App will be secure or free from bugs or from viruses or other malicious code.
You are responsible for configuring your information technology, computer programs and platform in order to access our Site or App. You should use your own virus protection software.
You must not misuse our Site or App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or App, the server on which our Site or App is stored or any server, computer or database connected to our Site or App. You must not attack our Site or App via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you could commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site or App will cease immediately.
Linking to Our Site or App.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site or App in any website that is not owned by you. Our Site or App must not be framed on any other site, nor may you create a link to any part of our Site or App other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content Standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our Site or App other than that set out above, please Contact Us.
Third Party Links and Resources in Our Site or App
Where our Site or App contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
Additional Terms for App Store Apps
If you download the App through or from any app store or distribution network where the App is made available (each, an “App Provider”), then you acknowledge and agree that:
- 2. The App Provider has no obligation to furnish any maintenance and support services concerning the App. The App provider will have no warranty obligation;
- 3. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession 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;
- 6. You must also comply with all applicable third party terms of service when using the App.
- 7. You agree to comply with all U.S.A., U.K. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
You may not:
- (i) copy, modify or create derivative works based on the App;
- (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party;
- (iii) reverse engineer, decompile or dissemble the App; or
- (iv) make the functionality of the App available to multiple users through any means.
Under no circumstances will we be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.
Terms and Conditions of Sale
If you purchase products on our Site or App, your purchase of the products is subject to the Terms and Conditions of Sale between you and the supplier of products. We are not a party to the Terms and Conditions of Sale (unless stated otherwise therein), and we disclaim all responsibility related to the sale of our products or the Terms and Conditions of Sale (unless stated otherwise therein). Our only obligation in any way related to products purchased on our Site or App is to comply with the product warranty below.
Applicable Law; Arbitration
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US OR RELATED THIRD PARTIES.
We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site or App from other locations do so on their own initiative and are responsible for compliance with local laws.
MYZONE, the Myzone logo and MYZONE MOVES are registered trademarks of Myzone Limited.
The trademarks, logos and service marks (“Marks”) on this Site or App are the property of Myzone. You are not permitted to use the Marks without the prior written consent of Myzone.
Please email [email protected].
Thank you for visiting our Site and App.
Last updated: July 1, 2019