PLEASE READ THESE LICENCE TERMS CAREFULLY.
BY USING THE MYZONE SYSTEM (INCLUDING THE MYZONE DEVICE AND APP) YOU AS THE USER AGREE TO THESE TERMS. IF YOU AS THE USER DO NOT AGREE TO THESE TERMS DO NOT USE THE MYZONE SYSTEM.
The Myzone mobile software applications (and/or any part thereof) designed for downloading to mobile devices;
has the meaning set out in clause 4.3;
Any commercial fitness centre, corporate facility, educational facility, retailer or other concern in any part of the world that is issued with a Facility Code by Myzone;
A facility code issued by Myzone to a Facility to enable a Facility to issue that code to a User to enable the User to register the User’s Myzone Device and thereby enable the User to access and use the Myzone System or, in default of which (if the User does not belong to or wish to be connected with a Facility), a facility code issued by Myzone directly to the User;
The Myzone System equipment (and/or any part thereof) supplied to a Facility, and including, Facility Software;
The personal monitoring and display software (and/or any part thereof) operated on equipment for group-based use, and any variations, modifications, copies, releases, and/or enhancements thereof from time to time;
has the meaning set out in clause 4.1;
The licence entitling the User to use the Myzone System in accordance with these Terms;
All and/or any software, code, file and/or programme including worms, trojan horses, viruses and other similar things or devices which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, or prevent, impair or otherwise adversely affect access to or the operation of any programme, system or data;
A chest belt or garment incorporating a Myzone branded heart rate monitor and/or any similar device (such as by way of example only a forearm or wrist band incorporating a Myzone branded heart rate monitor);
means Myzone Holdings Limited, incorporated in the Isle of Man, which has its registered office at Level 3, Gordon House, 10a Prospect Hill, Douglas, Isle of Man IM1 1EJ and its subsidiary undertakings which at the date of this Agreement are: Myzone (UK) Ltd, incorporated in the Isle of Man, British Isles with company number 006610V; Myzone (Worldwide) Ltd, incorporated in the Isle of Man, British Isles with company number 006611V; Myzone Inc, incorporated in Illinois, USA, number 70161892; Myzone Group Ltd, incorporated in England and Wales, number 9634208; Myzone (APAC) Pty Ltd, incorporated in Australia, ACN 606 655 887; Myzone (Europe) GmbH, incorporated in Germany, HRB 115303, Myzone Tech (Asia) Pte. Ltd, incorporated in Singapore, number 202011967G and any other companies that are added to the Myzone group of companies as posted from time to time on the website at myzone.org/legal;
The Myzone personal monitoring system comprising all current and future Myzone branded website and mobile products and services and System Software, including the Myzone Device and App;
has the meaning set out in clause 4.1;
The support services (if any) that may be provided from time to time by Myzone or a Myzone authorised service provider in respect of the System Software;
The personal monitoring and display software (and/or any part thereof) operated on or as part of the Myzone System or of the App, and any variations, modifications, copies, releases, and/or enhancements thereof from time to time;
These terms and conditions;
access given to a User to view premium content which does not require payment of a subscription fee;
“User” or “you” or “your”
An individual accessing or using the Myzone System for their personal use;
means data and information about a User which is used by the User in relation to or in connection with using the Myzone products and/or services; and
The warranty period applicable to a given Myzone branded product as described in the documentation that accompanies the relevant product.
1.2. The headings contained in these Terms are for convenience of reference only and shall not affect their interpretation or construction.
1.3 Unless the context otherwise requires words denoting the singular shall include the plural and vice ver-sa, references to any gender shall include all other genders and references to persons shall include natural persons, bodies corporate, unincorporated associations, governments, states, trusts and partnerships, in each case whether or not having a separate legal personality.
1.4 The words and phrases “including” and “in particular” shall be without limitation to the generality of any preceding words and any preceding words shall not be construed as being limited to a particular class where a wider interpretation of those words and phrases is possible.
1.5 Any reference to “writing” or “written” includes faxes and email.
1.6 References to any statute, enactment, order, regulation or other similar instrument shall be construed as references to the same as amended by or as contained in any subsequent re-enactment, modification or statutory extension thereof.
2.1. These Terms shall be between the User and the Myzone and shall:
2.1.1 govern the User’s use of the Myzone System; and
2.1.2 subject to clause 2.1.3, override all other terms inconsistent with them, whether express, im-plied or otherwise, including terms, conditions or stipulations contained in any communication be-tween the User and supplier of a Myzone Device to the User; and
2.1.3 the ways in which the User can use the App may also be controlled by the iOS and/or Android operating systems’ rules and policies which will apply where and to the extent that there are differ-ences between those terms and these Terms.
2.3 By using the App and/or any Support Services, the User hereby agrees to Myzone collecting and using any technical information about the Device that the User uses the App and Support Services on and related software, hardware and peripherals to improve Myzone’s products and to provide any Support Services to the User.
The App and/or Support Services may make use of location data sent from the User’s Device. The User can turn off this functionality at any time by turning off the location services settings for the App on the Device. If the User uses these Support Services the User explicitly consents to Myzone (and the Myzone Group) us-ing and processing the User location data and queries to provide and improve location-based services.
2.4 Myzone is not responsible for other independent websites that a User may link to and which are not provided by Myzone. Such independent websites are not under Myzone’s control, and Myzone is not re-sponsible for and has not checked and approved their content and/or their privacy policies (if any). The User will need to make their own independent judgement about whether or not to use any such independent websites, including to buy any products or services offered by them.
2.5 Please be aware that internet transmissions are never completely private or secure and that any mes-sage or information that the User sends using the App or any service may be read or intercepted by others, even if there is a notice that a particular transmission is encrypted.
2.6 If you use the Myzone System then you are responsible for maintaining the confidentiality of your ac-count and password and for restricting access to your Myzone Device, and to the extent permitted by appli-cable law you agree to accept responsibility for all activities that occur under your account or password. You should take
2.7 all necessary steps to ensure that the password is kept confidential and secure and should inform Myzone immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are respon-sible for ensuring that the details you provide us with are correct and complete and up to date, and for in-forming us of any changes to the information you have provided.
2.8 You represent and warrant that you own all of the rights to the content that you might use with and/or post on the Myzone System and that such content is up to date, accurate, complete and not misleading. You agree to indemnify Myzone for all claims brought by any third party against Myzone arising out of or in connection with the content and material you supply and/or post and communicate and/or your use of the Myzone System except to the extent that any liability that arises after Myzone has been notified in writing of any illegal content and Myzone’s failure to remove any such illegal content.
2.9 Myzone may refuse to process a transaction for any reason or refuse service to anyone at any time at Myzone’s sole discretion. Myzone will not be liable to you or any third party in relation to refusing as per this clause or in relation to unravelling or suspending any transaction after processing has begun.
3.1 Provided that the User has been properly issued with a Facility Code by a Facility or by Myzone, Myzone will permit the User to use their Myzone Device in conjunction with the Myzone System by downloading or streaming the App onto the User’s device for the User’s personal and non-commercial use and purposes only and all in accordance with and subject to these Terms.
3.2. The User will not access or use or attempt to access or use the Myzone System (including using any User Data):
3.2.1.in any way which interferes with, disables, damages, overburdens and/or disrupts, or might reasonably be expected to interfere with, disable, damage, overburden and/or disrupt the Myzone System and/or compromise the Myzone System security and/or interfere with other users;
3.2.2.in any way which is unlawful, illegal or fraudulent, or has any unlawful, illegal or fraudulent purpose or effect;
3.2.3.knowingly (or without using reasonable care) to store, transmit or upload any data or material that comprises or contains Malware;
3.2.4.knowingly (or without using reasonable care) to store, transmit or upload any data or material which:
(a) advocates, promotes or assists violence, any other illegal or unlawful activity;a
(b) is obscene, offensive, hateful, defamatory or inflammatory;
(c) is threatening, abusive or which invades another’s privacy, or causes needless anxiety or annoyance;
(d) advocates or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(e) infringes any copyright, database right, trade mark or other proprietary right of any other person;
(f) is fraudulent or misleading;
(g) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
(h) is used in respect of using another user’s account without authorisation and/or impersonating any third party; or
(i) Myzone believes is objectionable in any way including where this prevents or restricts any other party from using the Myzone System, products and/or services and/or which may expose Myzone and/or Myzone’s users to any harm or liability of whatever nature and howsoever arising; and
3.3 The User acknowledges that each Myzone Device is intended for use with the Facility to which the Myzone Device is registered, and that:
3.3.1 each Myzone Device can at any given time only be used in relation to one Facility / Facility Code; and
3.3.2 a Facility may at its sole discretion refuse to allow a Myzone Device registered at that Facility to be registered for use at another Facility subject always to applicable laws (including but not limited to the General Data Protection Regulation 2018 and any rights that the User might have under GDPR).
3.4 The User acknowledges that the App is intended to allow Users mobile access to the Myzone Sys-tem and Myzone will be entitled to assume that the User has obtained any permission required from the owner or controller of any mobile telephone or handheld device used to download a copy of the App (a “Device”). If the User downloads or streams the App onto any Device not owned by the User, the User must have the owner’s permission to do so and in any event the User will be re-sponsible for complying with these Terms whether or not the User owns the Device.
The App User or Device owner / controller may be charged by service providers for internet access on the Device and Myzone will have no responsibility for the use of the App on or in relation to any Device, whether or not it is owned by the App User.
3.5 Where a Facility wishes to allow the User of a Myzone Device registered at that Facility to use it at another facility (which consents to this) and to have access to existing App-generated data, Myzone will provide any assistance reasonably required and to the extent that Myzone believes is necessary in order to effect such use and access subject always to clause 3.3.
3.6 Myzone may issue updates to the Myzone System from time to time. The User acknowledges that they may not be able to use the Myzone System until the User has downloaded or streamed the latest version and has accepted any new terms applicable to its use.
3.7 Myzone is giving the User the right to use the App and the Support Services as set out in these Terms but the User may not otherwise transfer the App or the Support Services to someone else, whether for money, for anything else or for free. If the User sells their device on which the App is installed, the User must remove the App from the device prior to sale of the device.
4.1 The App that does not require payment is currently referred to as the “Free App.” Other options require payment before you can access them (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and ser-vices in conjunction with or through the Myzone System. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
4.2 You may purchase a Paid Subscription to access premium content directly from Myzone or through a third party by paying a subscription fee in advance on a monthly basis or some other recurring in-terval disclosed to you prior to your purchase.
4.3 Myzone may change the price for the Paid Subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription pe-riod following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Myzone System after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”) in accordance with the following:
(a) If you sign up for a Trial, you agree that the Cooling-off Period for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you do not cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize Myzone to automatically charge you the agreed price each month until you cancel the Paid Subscription.
(b) If you purchase a Paid Subscription with no Trial, you authorize Myzone to charge you automatically each month until you cancel. You agree that the Cooling-off Period is available for fourteen (14) days after your purchase but is lost once you use the Myzone System during that period.
4.4 Renewal; Cancellation
Your payment to Myzone or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period through the App. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free App. If you purchased your Paid Subscription through Myzone and you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after the Cooling-off Period is over (where applicable), or (2) before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to Myzone before the Cooling-off Period is over, you must contact Customer Support by visiting: https://myzonesupport.zendesk.com/hc/en-us. When we process any refund, we will refund amounts using the method you used for payment.
5.1 In consideration of and subject to the User’s acceptance of and compliance with these Terms, Myzone hereby grants the User a non-exclusive, non-transferable licence to use the App and Sys-tem Software for the User’s personal and non-commercial use in accordance with and subject to these Terms and for the period that the User is entitled to use the App. Rights in the App and the Support Services are licensed (and not sold) to the User and the User has no rights to the App and System Software and Support Services other than the right to use them in accordance with and subject to these Terms.
5.2 The User hereby undertakes that except as expressly permitted in these Terms or to the extent permitted by local law the User will:
5.2.1 not copy (other than for normal operation of the Myzone Device and the Facility Equipment and where necessary for the purposes of back up or operational security) and (except to the extent permitted by applicable law) reproduce, translate, merge, alter, adapt, vary and/or modify the App and/or System Software nor communicate the same to any third-party without Myzone’s prior written consent and the User will not in any way breach (or attempt to breach) any third party rights (including any third party intellectual property rights) when using the Myzone System;
5.2.2 not permit the App and/or Support Services or any part of them to be combined with, or become incorporated within, any other programs, except and to the extent strictly necessary to use the App and/or Support Services on the Device as expressly and to extent permitted in these Terms;
5.2.3 not remove, add to, change or otherwise tamper with any copyright notice, legend or logo appearing in or on the System Software or the medium upon which it resides;
5.2.4 not create any work based on or in any way derived from the Myzone System or Myzone Materials;
5.2.5 except as expressly permitted in these Terms, not rent, lease, sub-licence, loan and/or otherwise make available the App or the Support Services in any form, in whole or in part to any person without the prior written consent of Myzone;
5.2.6 not circumvent any technological measure implemented by Myzone or any of Myzone’s providers or any other third party (including another user) to protect the Myzone System;
5.2.7 not use Myzone’s name, any Myzone trade mark or logo, or any Myzone proprietary information without Myzone’s prior and express written consent;
5.2.8 not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App or Support Services nor attempt to do any such things, except to the extent that (by virtue of 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective) and provided that information obtained by the User during such activities:
(i) is not disclosed or communicated without Myzone’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
(ii) is not used to create any software that is substantially similar in its expression to the App and/or Support Services;
(iii) is kept secure; and
(iv) is only used for the Permitted Objective; and
5.2.9. not be involved in, encourage and/or attempt to perform any of the activities that it is prohibited or restricted from doing in this clause 5; and
5.2.10. comply with all applicable technology control or export laws and regulations that apply or may apply to the technology used or supported by the App and/or any Support Services.
5.3 The Licence hereby granted shall continue in force unless and until terminated in accordance with these Terms.
5.4 All rights not expressly granted to the User under this Agreement are reserved by Myzone or by its licensors.
5.5 The User may post, upload, share and use User Data in accordance with and subject to the terms and conditions in these Terms. The User:
5.5.1 retains their rights to their User Data and shall at all times remain responsible for their User Data;
5.5.2 owns their User Data and has the rights to grant Myzone the licence in clause 5.5.3; and
5.5.3 by posting, uploading, sharing and/or using their User Data via or on the Myzone products and/or services, the User hereby grants Myzone and Myzone Group a non-exclusive, transferable, sub-licensable, worldwide, royalty-free licence to use, copy, modify, publicly display, process, reproduce, translate, create derivative works from, and distribute the User’s User Data in respect of the Myzone products and/or services and/or Myzone providing and/or improving the Myzone products and/or services.
5.6 Myzone may at any time, in its sole discretion, alter, remove, disable or refuse to display any User Data, and may prevent or
6.1 The User will be provided with Support Services from the Facility to which their Myzone Device is registered or in default by Myzone.
6.2 If the User wants to learn more about the App and/or Support Services or has any problems using them then please take a look at our support resources at: https://myzonesupport.zendesk.com/.
6.3 If the User thinks that the App or the Support Services are faulty or misdescribed or wishes to con-tact Myzone for any other reason then please email our customer services team at firstname.lastname@example.org.
6.4 If Myzone has to contact the User then Myzone will do so by email, by SMS or by pre-paid post using contact details that the User has provided to Myzone.
7.1 Myzone does not warrant, represent and/or provide any other assurances that the use of the Sys-tem Software or Facility Software will be uninterrupted or error-free.
The Myzone System is provided “as is” and “as available” and Myzone expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties.
7.2 The downloading and use the Myzone System is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the down-load and/or use of the Myzone System. Where possible, Myzone recommends that the User backs up any content and data used in connection with the App so that the User can protect themselves in case of problems with the App and/or Support Services.
7.3 The User acknowledges that the System Software and Facility Software has not been developed to meet their individual requirements. User’s should check that the facilities and functions of the App and the Support Services (as described on their App store site and any related documentation) meet the User’s requirements.
7.4 All other conditions, warranties or other terms which might have effect in relation to Myzone providing the Myzone Device to the User or might be implied or incorporated into these terms and conditions or any collateral contract, whether by statute, common law or otherwise, are hereby ex-cluded by Myzone to the fullest extent permitted by applicable law, including the implied condi-tions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reason-able skill and care.
7.5 Myzone warrants that it has used commercially reasonable efforts to check the System Software for Malware, but Myzone cannot and does not warrant that the System Software will be free from all known Malware.
7.6 A User will not be entitled to use the Myzone services if the User is not entitled to receive the ser-vices under applicable law or has previously been suspended or barred by Myzone from receiving any Myzone products and/or services.
7.7 A User may not use the Myzone services with any device (such as a counterfeit device) that is not manufactured, distributed, sold or approved by Myzone or its authorised agents and distributors. Any breach or attempted breach of this provision may result in the immediate termination of the User’s ability to access the Myzone services. If you have questions about whether a product or ap-plication qualifies as an authorised product or application then please contact: email@example.com.
7.8 Myzone is not responsible for the accuracy, reliability, availability, effectiveness and/or correct use of information you receive through the Myzone System. The Myzone System (and also related data and/or information and/or related products and/or related services) may change from time to time or vary by geographic location. Maps, directions and other GPS or navigation information or data, including information or data relating to your current location, may be unavailable, inaccurate or incomplete.
7.9 Myzone may in any way change any feature, component and/or content of the Myzone System at any time without notice to the User and/or any third party. Myzone is not liable to the User or any third party for any modification, suspension or discontinuance of any feature, component or con-tent of the Myzone System. Myzone reserves the right to determine the timing and content of software updates, which may be automatically downloaded and installed without prior notice to you.
8.2. The User should satisfy themselves that the User is content with the way in which their Facility handles the User’s data and that it conforms with applicable data protection legislation.
9.1 Without prejudice to any other rights or remedies to which the parties may be entitled, either par-ty may terminate the Agreement without liability to the other:
9.1.1 if the other party commits a material breach of any provision of these Terms or any terms or policy in force from time to time governing access to and use of the Myzone System and, in the case of a breach capable of remedy, fails to remedy the breach within thirty (30) days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; or
9.1.2 the other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement; or
9.1.3 if the User at any time fails to pay in full any Paid Subscriptions (and/or any other monies) owing and/or payable to Myzone when due then Myzone may immediately terminate this agreement without Myzone suffering and/or incurring any liability (of whatever nature and howsoever arising) and in such circumstances any amounts that are owing and/or payable by the User shall still remain due and outstanding and Myzone’s rights to claim and obtain any such monies shall not be affected by any termination of this agreement.
9.2 Myzone reserves the right to suspend or deactivate or terminate a User’s account or the User’s access to certain aspects or all of the Myzone System, or to terminate these Terms, at Myzone’s sole discretion, at any time and without notice or liability to the User. Upon any such suspension, deactivation or termination, Myzone may delete or remove User Data and other information relat-ed to your User account. The User may close the User’s account at any time by contacting: firstname.lastname@example.org.
9.2 On termination of this Agreement for any reason:
9.2.1 the Licence shall immediately terminate, and the User shall have no right to and shall immediately cease any further access or use of the Myzone System; and
9.2.2 the User must delete or remove all Apps from all devices in the User’s possession and immediately delete all copies of the App which the User has and confirms to Myzone that the User has done so; and
9.2.3 Myzone may remotely access the User devices and remove the App from them and/or cease providing the User with access to the App and/or Support Services; and
9.2.4 the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.
9.5. The obligations of the User under Clause 5 of these Terms shall survive termination.
10.1 This Clause 10 prevails over all other clauses in the Agreement.
10.2 Myzone does not exclude or limit its liability to the User for:
10.2.1 death or personal injury caused by its negligence;
10.2.2 fraud or fraudulent misrepresentation; or
10.2.3 breach of third-party Intellectual Property Rights; or
10.2.4 any events or acts to the extent to which they cannot be excluded or limited under applicable law.
10.3 Subject to the provisions of Clauses 10.2 and clauses 10.4 – 10.11 (inclusive), the total maximum aggregate liability of Myzone in respect of any claim and/or claims by the User under these Terms shall not exceed the cost to the User of purchasing a Myzone Device, however that liability arises including (without limitation) breach of contract, tort, misrepresentation or breach of statutory du-ty.
10.4 Myzone shall not be liable to the User for any loss not flowing directly and naturally in the ordinary course of events and/or from the User’s own act or omission.
10.5 Myzone will not be liable for damage that a User could have avoided by following Myzone’s advice to apply an update offered free of charge and/or for damage that was caused by failing to correctly follow installation instructions and/or to have in place the minimum system requirements advised by Myzone from time to time.
10.6 Myzone shall not be liable (whether in contract, tort (including negligence) or otherwise) under or in connection with this Agreement for any of the following (whether direct or indirect); loss of prof-it; account of profit loss of data; loss of use; loss of production; loss of contract; loss of opportuni-ty; loss of savings, discount or rebate (whether actual or anticipated); and/or harm to reputation or loss of goodwill.
10.7 The use of the App and Support Services is for domestic and private use only. If the User uses the App for any commercial, business or resale purpose Myzone will have no liability to the User for any losses or damages (including any loss of profit, loss of business, business interruption, or loss of business opportunity) that may be suffered and/or incurred by the User in relation to such commercial, business or resale purposes.
10.8 Myzone shall not be liable for any deletion, destruction, damage, or other loss of any User Data and/or information not directly attributable to any reckless or negligent act or omission on the part of Myzone or any person acting on Myzone’s behalf.
10.9 If, within the Warranty Period, the User notifies Myzone of any defect or fault in the App as a result of which the App fails to perform substantially in accordance with the written information provided by Myzone regarding the App, Myzone will, in Myzone’s absolute discretion, either repair or re-place the App for the User, provided that the User provides to Myzone proof of ownership (to Myzone’s reasonable satisfaction) and makes available all of the information that may be required by Myzone to help Myzone remedy the defect or fault, including sufficient information for Myzone to recreate the defect or fault PROVIDED ALWAYS that this warranty does not apply:
(i) if the defect or fault in the App results from the User having misused, altered and/or modified the App; and/or
(ii) if the defect or fault in the App results from the User having used the App in breach of any of the terms or conditions in these Terms.
This warranty is in addition to the User’s legal rights in relation to the App and if it is faulty or not as described and does not affect the User’s statutory rights as a consumer and advice about the User’s legal rights may be available to the User from organisations such as the User’s local Citizens Advice Bureau or Trading Standards Office.
10.10 The User hereby acknowledges that:
10.10.1 Myzone’s obligations under the Agreement accord with the User’s expectations and are fair and reasonable;
10.10.2 some limitation of liability is to be expected; and
10.10.3 the limitations of liability are fair and reasonable in the light of the nature of the products / services supplied.
10.11 In the absence of fraud, no oral or written information or advice given by Myzone shall create a warranty or give rise to any other liability other than as expressly assumed in these Terms.
11.1 The User acknowledges that any and all Intellectual Property Rights used or subsisting in or in con-nection with the Myzone Device, the Myzone System including the System Software, Facility Equipment, Facility Software and other parts thereof (as developed from time to time) are and shall be the sole property of Myzone or Myzone’s respective manufacturer or licensor, and the User shall not during or at any time during this Agreement and/or after the completion, expiry or termi-nation of the Agreement in any way question or dispute the ownership thereof. Except to the ex-tent expressly provided for in the Agreement, all Intellectual Property Rights shall remain the prop-erty of the party owning or creating the same.
11.3 All rights that are not expressly granted by Myzone in this Agreement are hereby expressly re-served by Myzone.
12.1. Neither Myzone nor any of its employees agents or sub-contractors shall be deemed in breach of these Terms or under any liability whatsoever to the User for failure or delay in performing any ob-ligation under these Terms resulting from circumstances beyond its reasonable control including without limitation, acts of God, governmental actions, war or national emergency, riot, civil com-motion, fire, explosion, flood, inclement weather, epidemic, pandemic, lock-outs, strikes or other labour disputes (whether or not relating to the Myzone’s and/or its agents and/or its contractor’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials and any failure or interruption of the internet or other communica-tion system owned or controlled by third parties.
12.2. Myzone will not be liable for any defect in or failure of any product or services not provided by or on behalf of Myzone (a “Third Party Default”), and shall not be liable for any delay to or interrup-tion or failure of the Myzone System to the extent that such delay, interruption or failure is at-tributable to a Third Party Default.
Failure or neglect by Myzone to enforce at any time any of the Terms shall not be construed nor shall be deemed to be a waiver of Myzone’s rights hereunder nor in any way affect the validity of the whole or any part of the Agreement nor prejudice Myzone’s rights to take subsequent action. If Myzone’s provision of services relating to the App is prevented by an event outside Myzone’s control then it will inform Users via posting information on the Myzone website and/or App and will take steps to minimise the effect of the relevant event.
In the event that any or any part of the Agreement shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision shall to that extent be severed from the remaining Terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
15.1.These Terms, and any documents referred to in them, constitute the whole agreement between the parties (the “Agreement”) and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover whether or not in writing, and whether ex-isting prior to or at the same time as this Agreement.
15.2. The User acknowledges and agrees that in entering into the Agreement it does not rely on and shall have no remedy in respect of any statement of fact or opinion, any undertaking, promise, assur-ance, statement, representation, warranty or understanding (whether in writing or not) of any per-son (whether or not party to the Agreement) relating to the subject matter of the Agreement, oth-er than as expressly set out in the Agreement. Nothing in this Clause 15 shall, however, operate to limit or exclude any liability for fraud or fraudulent misrepresentation.
The Agreement is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and is not intended to benefit, or be enforceable by, any other person.
A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
The User confirms that it does not need to obtain the consents or permissions of any third parties in order for the User to enter into this Agreement and if any such consents or permissions are required under law or otherwise then they have been obtained by the User.
17.1 Myzone reserves the right to alter these Terms at any time (including but not limited to reflect changes in law or best practice or to deal with additional features that are introduced). The User should check the App and this page from time to time in order to make themself aware of any changes we make and if Myzone decides to change these Terms, Myzone will post those changes on the Myzone App and/or this page, send an email or SMS notifying the User of any changes or display a message on Myzone’s website, and/or notify the User of a change when the User next starts the App and/or Myzone will update the Terms modification date below.
17.2 If the User does not accept the notified changes the User may continue to use the App and Support Services in accordance with the existing terms but certain new features may not be available to the User and the App may not function properly or completely if changes are not accepted.
17.3 From time to time Myzone may update the App and change the Support Services including to im-prove performance, enhance functionality, reflect changes to the operating system or address secu-rity issues. Alternatively, Myzone may ask Users to update the App for these or other reasons.
If the User chooses not to install such updates or if the User chooses to opt out of automatic updates then the User may not be able to continue using the App and Support Services. The App will work with the current or previous version of the operating system (as the operating system may be updated from time to time) for a certain period of time (which time period will be notified to the User depending upon the relevant updates) and match the description of it provided to the User when the User bought it.
18.1. If the User is a consumer, if the User wishes to contact Myzone in writing, or if any condition in these Terms requires the User to give Myzone notice in writing, the User can send this to Myzone by email or by pre-paid post to Myzone at their address in the Isle of Man provided here: https://www.myzone.org/legal . Myzone will confirm receipt of this by contacting the User in writ-ing, normally by email.
18.2. If Myzone have to contact the User or give the User notice in writing, Myzone will do so by email or via the App or by pre-paid post to the address that the User provides or confirms to Myzone.
19.1 Myzone may at any time transfer all and/or any of its rights and obligations under these Terms to another organisation and in these circumstances Myzone will tell the User in writing if this hap-pens.
19.2 The User shall not at any time transfer to any third party all and/or any of the User’s rights and obligations under these Terms.
General comments about the Myzone System are welcome and please contact us at email@example.com.
Complaints about a third-party seller’s goods or services must be directed to the third party seller through the contact details provided on the order confirmation email that you receive for resolution directly with the third party seller.
If you have a problem or dispute, Myzone or the relevant third-party seller (as the case may be) will try to resolve your concerns. However, if we are unsuccessful, you may pursue claims as explained in this section. You agree to give Myzone and/or a third party seller (as the case may be) an opportunity to resolve any disputes or claims relating in any way to the Myzone System or any third party goods and/or services respectively. If we are not able to resolve your claims within 30 days, you may seek relief in court.
Any and all proceedings to resolve claims will be conducted by Myzone only on an individual basis and not in a class, consolidated or representative action.
If you have made a complaint and have exhausted all of the dispute resolution options available to you with Myzone and/or any third party seller (as the case may be), you can access the European 'Online Dispute Resolution Platform' at the following link:
21.1 The Agreement and any disputes or claims arising out of or in connection therewith will be gov-erned by and construed in accordance with the laws of England.
21.2 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement provided always that Myzone may at any time enforce any rights that it may have (including but not limited to any Intel-lectual Property Rights) in any territory or jurisdiction and under or pursuant to any law against the User and/or any third parties and obtain and enforce any remedies against the User and/or any third parties of whatever nature and howsoever arising in any territory or jurisdiction and under or pursuant to any law.
Myzone is not at any time liable for the actions of any third-party including any third party that you share your information with. In addition, Myzone is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available to you by any third parties (including people that you may connect or link in with) in connection with using the Myzone System.
The Myzone System may be accessed on third-party devices or other products such as mobile phones with certain functionality and specifications. Myzone has no responsibility for your acquisition or use of any third-party products and Myzone does not provide any assurances that the Myzone Services will function properly or at all when used on or with any third party products.
The Myzone System may include the ability for you to discover, access or participate in and/or purchase certain goods, services, activities, or events that are created, developed or produced by third parties. Your purchase, involvement and/or participation with any third-party goods and/or services is solely and entirely at your own risk.
Myzone shall not be liable in any way for any act, error or omission of any third party and/or in relation to any third party products and/or services, including without limitation if such third party products and/or services were found, participated in, booked and/or purchased using and/or via the Myzone System.
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that third party seller and such contract shall compromise of these Terms, any correspondence between you and the third party seller and the applicable details and third party seller terms and conditions and you hereby agree to be bound by all such provisions.
You should carefully review these Terms and any terms and conditions relating to your order from a third-party seller. If there is any conflict or inconsistency between these terms and the terms and conditions of any third-party seller then these terms shall prevail to the extent that there is any conflict or inconsistency.
Myzone cannot and does not give any undertaking, that goods and/or services you purchase from third party sellers via or through the Myzone System will be of satisfactory quality, and this and any other such warranties and/or representations (whether express or implied) are disclaimed by Myzone absolutely to the fullest extent permitted by law. This disclaimer and these terms and conditions do not affect your statutory rights against Myzone and/or the third-party seller. Where you order goods and/or services through the Myzone System, Myzone may disclose your customer information related to that transaction to the relevant third-party seller. Myzone does not review or control, and are not responsible in any way for, listings provided by third party sellers and at no time does Myzone possess any items offered for sale by third party sellers through the Myzone System.
You may hyperlink to the Myzone System provided you do so in a way that is fair and legal and does not in any way damage the Myzone reputation and goodwill or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Myzone’s part where none exists.
Myzone reserves the right to revoke the right granted in this clause for breach of these terms and conditions and to take any action it deems appropriate. The Myzone System must not be framed on any other website, nor may you create a link to any part of our Myzone System other than the home page. Myzone reserves the right to withdraw linking permission at any time.
The Myzone System may provide links to other websites or apps for your information. If you use these links, you leave the Myzone System. Myzone have not reviewed these third-party websites and we have no control over such sites or resources. Myzone therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to or from the Myzone System or Myzone Site, you do so entirely at your own risk. Myzone accepts no responsibility for third party websites or for any loss or damage that may arise from your use of them.
INFORMATION ON USE OF THE MYZONE DEVICE AND MZ-REMOTE
If you rely on any data or information provided by the Myzone System, you do so at your own risk.
If you engage in any exercise program you receive or learn about through the Myzone System, you agree that you do so at your own risk and are voluntarily participating in these activities.
Use of the Myzone System should not replace your good judgement and common sense. Please read and comply with all safety notices that accompany your use of the Myzone System including those located on Myzone’s website at: www.myzone.org
Myzone is not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Myzone System.
Strenuous exercise can be dangerous for persons suffering from many medical conditions. You are urged to consult with a medical professional prior to beginning an exercise routine, including, without limitation, any Myzone challenge or MZ-Remote class.
If you are in any doubt (and in any event if you are pregnant, or receiving medical treatment and/or medication and/or have any pre-existing or underlying health conditions or problems) you should refrain from taking any such exercise - with or without your product - without first taking competent medical advice.
Your Myzone Device is designed only as an aid to personal training / exercise. IT IS NOT A MEDICAL DEVICE. It cannot tell you what level of exercise is safe for you, or whether you are exerting yourself beyond your safe limits. You should therefore take particular care if you are undertaking exercise in a group / class environment and are following the instructions provided by a physical instructor or trainer. It is your responsibility to check your own medical condition before undertaking any exercise.
If chest pains or any other symptoms or discomfort are experienced when using the Myzone Device, you should stop exercising immediately and seek medical attention. Myzone personnel are not medically qualified, and Myzone cannot and does not give medical advice.
IMPORTANT: Myzone uses a formula (HR MAX = 211 − (0.64 × age)) to establish your age-predicted maximum heart rate (HR MAX). This is based on population norms and is not accurate for everyone. Your HR MAX setting will be adjusted and increased if samples of your heart rate data indicate the formula could be inappropriate for you. However, the Myzone system is not a replacement for an accurate heart rate test conducted by a trained professional. If you exercise and follow your level of effort depicted in a Myzone color-coded tile you must always consider the warning above as your tile color and percentage of your HR MAX may be incorrect. Your facility can manually readjust your HR MAX setting for you.
The Myzone Device must at all times be used in accordance with Myzone product use & care instructions (https://myzonesupport.zendesk.com/hc/en-us/articles/360026712231-Belt-Care-and-Best-Practices) Prolonged contact with wearable devices may contribute to skin irritation or allergies in some users. If you have any problems while or after wearing the Myzone Device, remove your device and please discontinue use. If any symptoms persist longer than 2 to 3 days after removing the Myzone Device, you should consult your doctor.
Operation and Use of the Myzone Device:
To register a Myzone Device you will require a Facility code. If you have purchased your Myzone Device directly from Myzone we will allocate a Facility code to you. If you have not purchased your Myzone Device from Myzone a Facility code will be issued by the Facility that supplied your Myzone Device. It should be noted that a Myzone Device cannot be transferred from one Facility for use at another Facility without the agreement of both Facilities. You are responsible for obtaining and supplying Myzone with confirmation of such agreement.
Although a Myzone Device is capable of operating as a standalone device, if you wish to store data in your Myzone account you will require a Facility code and an online user account.
Myzone Devices can only be registered in respect of one Facility or (at the discretion of the Facility operator) one chain of associated facilities at any given time.
Full use of the Myzone products and services is dependent upon your use of a computer with adequate software or a supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the Myzone products and services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.
You will need to register your Myzone Device before you can use it. Registration will allow you to receive support for your Myzone Device. You can find details of the support and warranty services at www.myzone.org. The support services offered may change over time – we recommend you check the support available by visiting www.myzone.org from time to time. This does not affect your statutory rights.
Different countries or states often have their own laws controlling the collection of personal information from children or young people online (for example, the Children’s Online Privacy Protection Act or COPPA in the US) so, depending on your age, you may need a parent or legal guardian to provide their consent, or even to register your Myzone Device for you.