Terms and Conditions of Use of Website and Membership of Square One Health and Fitness
Square One Health and Fitness’s website (“the Website”) is designed to provide you with high quality videos of fitness classes, strength and stretch routines and nutritional and lifestyle advice and information. All information, advice and workouts are generated by Holly Yates and are based on her personal opinions. Holly Yates is not a medical professional, so if in any doubt as to your personal capabilities you should seek medical advice before you start any of our Square One Health and Fitness’s programmes (“the Service”).
Square One Health and Fitness (“Square One”) owns the Website. These Terms and Conditions of Use (“the Terms of Use”) apply to all of the products and services offered by Square One. You must read them carefully before using the Website or subscribing to Square One programmes by whatever means.
1. Acceptance of Terms
This document sets forth legally binding terms for your use of the Website. By becoming one of our Members and using the Website, you agree to be bound by these Terms and Conditions of Use (“the Terms of Use”), and whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered on the Website as a Member). If you do not accept the Terms of Use, you must leave the Website and discontinue use of the Service immediately. We may modify the Terms of Use from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to the Terms of Use when you use the Website after any such modification is posted; and it is therefore important that you review the Terms of Use regularly.
You are not authorised under any circumstances to use or continue to use the Website if you are not one of our paid up Members for the time being.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this document and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of New Zealand or any other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Square One reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Unauthorised use of the Service and membership on the Website is prohibited.
Content on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Square One. Square One reserves all rights not expressly granted in and to the Website and the Content.
You may access Website and Content as available:
◦ for your information and personal use;
◦ as intended through the normal functionality of the Square One Service; and
◦ for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Square One Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
3. Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment that may be suggested by a Square One instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. Square One is not a medical organisation and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, exercises and instruction are not required to be performed by you and are carried out at your election while viewing Square One videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Square One, you will not exceed your limits while performing such activity, and you will select the appropriate level of workouts for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest different options of an exercise or the use of equipment and it is your sole responsibility to determine if any such suggested options or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Square One, or any person or entity involved with, Square One including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
4. Minors
Square One’s content is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Square One you are representing that you are eighteen (18) years of age or older.
5. Member Account, Password and Security
If you register on the Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Square One of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorisation from Square One. Square One will not be liable for any loss or damage arising from your failure to observe this prohibition
6. Termination or Suspension of Account
You agree that Square One may at any time and for any reason, terminate your access to Square One Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
7. Security Components
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Square One and/or content providers who provide content to Square One. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
8. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Square One or by third parties that have licensed or otherwise provided their material to Square One. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Square Ones prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
9. Other Sites
The Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Square One does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Website does not imply Square Ones’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.
10. International Use
Due to the global nature of the Internet, you agree to comply with all New Zealand laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from New Zealand or the country in which you reside and that the Terms of Use are otherwise governed by the laws for New Zealand.
11. Infringement Policy
Square One reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of Square One or of a third party, or otherwise violated any intellectual property laws or regulations. Square One’s policy is to investigate any allegations of copyright infringement brought to its attention.
12. Term and Termination
The Terms of Use shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period.
Square One reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Square One believes that you have breached any of the terms of this Agreement, furnished Square One with false or misleading information, or interfered with use of the Website or the Service by others.
13. Membership
◦ No Sharing. Members of Square One may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Square One as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
◦ Fraudulent Use. Square One reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
◦ Billing. Memberships are billed monthly. All memberships are renewed automatically until cancelled. Membership must be canceled prior to the renewal date in order to end membership charges.
◦ Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Square One later increases the price of the subscription, Square One will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
14. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SQUARE ONE ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SQUARE ONE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
15. Limitation on Liability
IN NO EVENT SHALL SQUARE ONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE.
16. Exclusions and Limitations
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
17. Indemnity
You agree to defend, indemnify and hold harmless Square One, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
18. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
19. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.
20. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into the conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use in every other respect.
21. General
Square One reserves the right to amend the Terms of Use at any time and without notice, and it is your responsibility to review the Terms of Use for any changes. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of its revised terms.
22. Questions
If you have any questions or comments regarding the Terms of Use or the Website, feel free to contact us by email at contact@squareonefitness.tv
