1. Who we are and what we do – these are our Terms
1.1 Welcome to Moxiee Running. Moxiee Running is a program that has been created by a Moxiee Limited (“we”, “us”, “Moxiee”).
1.2 By using or accessing the Service you agree to be bound by these terms and conditions (“Terms“). These Terms are important and legally binding so please read them carefully. If you don’t agree to them, you should not use the Moxiee Service or App .
1.3 We aim to create a positive and inspiring place for clients to make positive, sustainable lifestyle changes.
The Moxiee Running program (“the Service”) is enabled by technology, software and content delivered through the Moxiee web and mobile applications (“App“).
You represent that you are in good enough health to begin the Service, which may include changes to your diet or level of physical activity, among other things. We encourage you to consult with your healthcare provider before starting the Service.
If you have been diagnosed with a chronic disease or other health condition, you represent that you have been given the express approval from a healthcare professional to receive the Services before beginning. The Service requests that you to actively participate but you understand that, despite your efforts, individual users results will vary for a different reasons. We cannot guarantee that you will achieve your desired health goals.
We aim to provide a support service but are not an emergency service or professional healthcare provider. Representatives of Motivate or Moxiee Limited are not licensed medical care providers and are not active in a healthcare professional capacity. Our representatives do not provide any medical, clinical services, diagnosis, treat or manage illness, disease or conditions. Our representatives do not have expertise in diagnosing, examining, or treating medical or psychological conditions of any kind, or in determining the effect of any specific activity on a medical condition.
You should not change your treatment or care plan, medication or therapy based on information you receive through the services or from one of our representatives. Motivate can supplement but should not replace your treatment or care provided by your healthcare provider or regular medical visits.
Information provided by our representatives is offered for informational purposes only and is not a recommendation or endorsement of any food, drug, device or treatment. Information is not a representation that a particular food, drug, device or treatment is safe, effective or appropriate for you.
If you have any questions regarding any food, drug, device or treatment, please talk with your healthcare provider, especially if you notice a change in your condition or health status. Never disregard professional medical advice or delay in seeing it because of something you have read in connection with our services.
Always seek the advice of your doctor or other qualified healthcare practitioner regarding your medical condition or the use (or frequency) of any medication or medical device.
The use of the App and Service is at your own risk.
1.4 We reserve the right to update and change the Terms from time to time without notice, and add new features to the App that will be subject to these Terms. If you continue to use the App or the Service after any changes, you’ll be taken to have agreed to them. You can always find the current version of the Terms on our website.
1.5 We may cancel or suspend your account at any time if we consider (in our absolute discretion) that you have breached these Terms.
2.1 You are responsible for all activity that results from the Service or your use of the App. You agree to use the App and the Service in good faith.
2.2 You will need to provide certain information in order to complete the signup process to obtain an account. You agree to provide true, accurate and current information about yourself as prompted by the App and to notify us of any changes.
2.3 By creating an account, you confirm that you are over the age of 16 and you agree that you cannot transfer, sell, lease or trade your account without our prior written consent.
2.4 You are responsible for any messages or communications you create through your account. We reserve the right to remove any messages which we consider (in our absolute discretion) breaches these Terms. However we are under no obligation to do so.
2.5 You may not use, or assist anyone to use, the App (a) for any unlawful purpose; (b) to post any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person; (c) to communicate anything defamatory, abusive, harmful, obscene, offensive, threatening, objectionable, sexist or racist; or (d) to upload or transmit any virus or malicious code.
2.6 We will take reasonable precautions to keep your account secure and protect it from unauthorised access. You agree to keep your account details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.
2.7 You agree to fully indemnify us, and keep us indemnified, against all forms of liability, actions, proceedings, demands, costs, charges and expenses which we may incur, be subject to or suffer as a result of your use of Motivate.
3.1 All information presented in or through the App, including within messages, comments, goals or habits, is considered “Content”
3.2 We recommend you use your judgement when relying on Content, your Coach’s opinion or advice as you would during face-to-face interactions.
3.3. Our representatives are not certified health coaches and do not have the training to be considered nutrition, fitness or psychology experts. We will simply try our best to be positive, encourage Clients to follow through with the Service if that is their wish.
4.1 We may charge you for using the Service
4.2 You can use the Service in order to connect, track progress and communicate with us or potentially with other users. We may charge you a fee for the use of this service as set out in the Pricing section of our website
4.3 Fees are charged in advance and are non-refundable. A valid credit card number is required to set up and maintain an account.
4.6 If we change our prices, we will give you 30 days notice via email to the email address you provided to us when registering your account or by posting the new prices on our website.
4.7 All fees are stated in New Zealand dollars.
4.8 New Zealand based customers, we will charge GST
4.9 Customers operating outside of New Zealand will be charged fees, exclusive of all taxes. We do not pay any taxes on your behalf. You are solely liable for any taxes resulting from your use of the Service.
Cancelling your account
4.10 You may cancel your subscription at any time by sending an email to us. Any cancellation requests will be processed within 7 days of receipt. A cancellation request does not trigger reimbursement of, if appropriate, any time remaining on your subscription.
4.11 If we do not receive your fee on time we will notify you and initially freeze your account. If we do not receive payment within 60 days, we will cancel your account.
You indemnify us
4.12 You warrant and represent that you are acquiring the right to access and use the Service and are agreeing to these Terms and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the Service and/or these Terms.
4.13 You agree to fully indemnify us, and keep us indemnified, against all damage, losses, liabilities, fees, compensation, expenditure, costs and expenses arising out of or in connection with any breach of these Terms, your use of the Service and for any claims caused by any act, omission, negligence or advice provided by us or any of our associates, employees, subcontractors, affiliates or representatives.
5 The Service and App might not always be perfect
5.1 Motivate and the App are provided on an “as is” and “as available” basis, and you use it at your sole risk.
5.2 To the maximum extent permitted by law we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that (a) the Service and App will meet your specific requirements, expectations or be fit for your particular purpose; (b) the App will be uninterrupted, timely, secure, or error-free; or (c) any errors in the App will be corrected.
5.3 We will try to promptly address (during normal business hours) all technical issues that arise in connection with the App, however there may be times when the App is inaccessible.
5.4 From time to time, we may make changes to the App which may add, modify, and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
5.5 You acknowledge that the Internet is inherently insecure. You accept the risk that any information transmitted over the Internet or through email may be intercepted, subject to unauthorised access or fraudulent.
5.6 You agree that we will not be liable for any direct, indirect, incidental, special, or consequential loss (including but not limited to loss of data, profits and anticipated savings) resulting from the use of, or the inability to use the App. If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to the average fees paid by you to us for any single event or related series of events.
6 We own any intellectual property in the Service and App
6.1 You agree that we own all of the intellectual property rights existing in the Service and App including any improvements, enhancements, modifications or adaptations. You agree not to, and will not permit or encourage any third party to, copy, reproduce, modify, adapt, reverse-engineer or decompile the Service or App in whole or in part.
6.2 You may not publish or use Moxiee’s brand, branding or logos except with our prior written consent.
7.1 You can cancel your account at any time by sending an email to us.
7.2 We may, in our sole discretion, delete any Content held for an account once that account is cancelled for whatever reason. In case you choose to reactivate your account, our policy is to store your Content for a period of no more than 365 days before it is permanently deleted. We will not be able to recover this Content once it has been permanently deleted.
7.3 We are not liable for any loss or damage following, or as a result of, cancellation of your account. It is your responsibility to ensure that any Content or data which you require is backed-up or replicated before cancellation.
8.1 These Terms shall be governed by New Zealand law, and all users submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.
8.2 These Terms represent the entire agreement between you and us in relation to the use of the Service and App.
8.3 If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full effect.
8.4 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
8.5 All communication between us and you must be made by email. All email communication is deemed to have been received at the time it is sent (unless the sender receives notice that the email failed to send).
9.1 If you have any questions about these Terms, the practices of Moxiee or if you would like to give us feedback or notice, you can contact us by email at email@example.com
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