PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS APP YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING IT BEFORE YOU CAN ACCESS YOUR ACCOUNT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS APP.
This User Terms Agreement & Terms and Conditions (“Agreement”) contains legally binding agreement made between you, whether personally or on behalf of an entity, concerning your access to and use of the application the privacy policies and terms and conditions in using the PINOY FITNESS ATLETA Mobile Application (“App”) of PINOYFITNESS, You (the “App User”) must read, agree with and accept all of the terms set in this Agreement.
PINOYFITNESS is a web-based community of athletes and fitness enthusiasts of different levels of experience and from all walks of life.
PINOYFITNESS is an all-inclusive venue that encourages passion for sports, wellness and health, empowered by a sense of camaraderie and community that is uniquely Filipino
By signing up to use the services of the App, you agree to comply with and be legally bound by these terms and conditions, which may be revised from time to time. If you do not agree to any of the terms set forth, or to any of its subsequent modifications, you may not access or use any of the services of the App.
We may legally amend or modify this Agreement as needed and shall be effective at such time. We shall inform you of any changes in the Agreement through the App and the e-mail you provided in the App. You agree that we or the App shall not be liable to you or any third party for any modifications made to this Agreement.
2.1 Acceptable use
You must not use this App in any way that causes, or may cause, damage to the App or impairment of the availability or accessibility of the App or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this App.
You must not reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
The App provides various services for individuals and corporations such as:
- Virtual Running Events
- Tracking of Running Activity
4. Service Fee
Before the App User can avail the services of the App, the App User shall be charged with a service fee depending on the service availed.
5. Intellectual Property
Data, materials and information presented on this App, including but not limited to logos, graphics, documents, write-ups, trademarks and other intellectual property are the property of the App.
Where expressly provided for by the App, some contents on this App are available for download by you on a non-exclusive, limited, non-transferable, royalty-free basis, as authorized.
However, you shall not lease, sell, any or all portions of the material distributed or otherwise take any action, which would be in violation of the App’s copyright. All other rights are reserved by PINOYFITNESS. Copyright and trademark infringement is a violation of Intellectual property law of the Philippines and subject to criminal and civil penalties.
Ads supplied by a third party ad provider, such as, but not limited to, AdMob, iAd, or pubCenter may be displayed in the App. These providers may be using cookies, web beacons, and other technologies to collect information from you as a result of ad serving through our App. We shall not sell or rent any of the personal information you provided to us through the App with these ad providers.
To be eligible to use the App’s services, you must be at least eighteen (18) years old, and a resident of the Philippines.
You may update the details and information regarding your account at any time by logging into the App. We need your complete details in order to process the services you requested. We reserve the right to delay the processing of requests should we find that the information you provided is incomplete or incorrect.
You are agreeing to receive communications via email, text message or telephone, the extent of your errors, technical issues regarding your account. Any notice may be delivered personally, or by mail or by e-mail and shall be deemed to have been served: if by hand, when delivered; if by mail, upon receipt and if by e-mail, on that e-mail being accessible by the intended recipient.
The App User shall have an option to create only 1 (one) personal account using the same email address, facebook or gmail account he or she used to register for the App. Accounts made in the App are personal and non-transferable.
The App shall conduct and install the necessary safeguards, protocols and measures to ensure that the App is secured to handle confidential information and transactions. However, it is still your responsibility for maintaining an adequate security and control for your passwords, PINs, and any other codes that you use to access the App’s services. You are also responsible for keeping your email address up to date in your profile.
The App may delay the processing of a service request made through the App if:
- You failed to provide sufficient information that will enable it to process the request;
- You did not pay the necessary processing fee; or
- The App reasonably suspects that you are in violation of this Agreement.
8. Prohibited Acts
The App Users are prohibited from using any of the App’s services, services provided to or in relation to third party services, for or in relation to certain unauthorized uses which contravene the Agreement. This prohibition is designed to protect you from wrongdoing and to ensure compliance with local laws and international norms. The unauthorized uses listed below are not exhaustive and are designed primarily for illustrative purposes. The prohibited uses include transactions or activities related to but not limited to:
- Fraud: provision of any false, deceptive, inaccurate or misleading information to PINOYFITNESS, the App, its users, and other third parties for pecuniary gain or other ends,
- Unauthorized Financial Institutions and MSBs: unlicensed financial services, and other regulated financial operations,
- Drugs: illegal narcotics, drug paraphernalia, commercial drugs and other controlled substances, and other mind or body altering substances presenting a public health risk,
- Gambling: Online gambling, lotteries, casinos and informal gambling, gaming operations, sports betting, and other games of chance and forms of speculation,
- Reproducing, duplicating, copying or otherwise exploiting material on this App for remunerative and illegal purposes or otherwise modify any material on the App,
- Redistributing material from this App except for the data, documents and reports specifically and expressly made available for redistribution,
- Submitting any content in the App that is subject of any threatened or actual legal proceedings or other similar complaint,
- Using the App in any way that causes, or may cause, damage to the App’s availability or accessibility; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, and
- Using the App to transmit, send, use, publish or distribute any material which consists of (or is linked to) any computer virus, Trojan horse, worm, or other malicious computer software.
9. Limitation of Liability
In no event shall PINOYFITNESS or any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this App, whether such liability is under contract, tort or otherwise, and PINOYFITNESS, including its officers, directors and employees shall not be liable for any indirect, consequential or liability arising out of or in any way related to your use of this App.
If any provision of this terms and conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
11. Variation of Terms
PINOYFITNESS is permitted to revise this terms and conditions at any time as it sees fit, and by using this App you are expected to review such terms and conditions on a regular basis to ensure you understand all terms and conditions governing use of this App.
TOGETECH shall have the right as it deems appropriate to deal with the breach made in contravention with this Agreement, including suspending your access to the App, prohibiting you from accessing the App, blocking computers using your IP address from accessing the App.
You agree not to use any data or report in any manner that may harm the reputation or business of the App. You may not publish the name of the App without written approval.
14. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this app, constitute the entire agreement between PINOYFINTESS and you in relation to your use of this App, and supersede all prior agreements and understandings with respect to the same.
PINOYFITNESS warrants the accuracy of the analysis, documents, reports and data provided and services performed, no other warranty or liability for the use of the results is expressed or implied. Both parties also respectfully represent and warrants that there are no other agreements, court orders or other legal obligations that limit or prevent such party from negotiating, entering, into, exercising its rights and/or carrying out its responsibilities under this Agreement.
16. Remedy and Relief Clause
Should there be any dispute or controversy in connection with this agreement or difference between the App User and the App arising from the interpretation of this Agreement the App User and the App hereto shall, as far as practicable, settle the same amicably at PINOYFITNESS Main office, or in any place at the convenience of the herein signatory of PINOYFITNESS or its Management and Staff.
In the event that such dispute or disagreement be not resolved to their mutual satisfaction, the matter shall be submitted to the proper court/agency for arbitration; provided, however, that the arbitration proceedings shall be without prejudice to the right of The App to rescind or terminate this Agreement as provided herein.
Should any of the parties be constrained to resort to court action to enforce or safeguard its rights and interests under this Agreement, the aggrieved party shall be entitled to attorney’s fees in an amount equivalent to Twenty Percent (20%) of the total sum claimed in the complaint, exclusive of other damages and the expenses of litigation. Venue of such court action shall be laid exclusively in the proper courts of Makati to the exclusion of other courts.
17. Indemnity Clause
You shall hold PINOYFITNESS free and harmless and hereby binds and obligates itself to indemnify the App for, any and all liabilities, losses, damages, injuries, including death, claims, demands, suits, proceedings, judgments, awards, fines, penalties and all expenses, legal or otherwise, of whatever kind and nature arising from and by reason of this Agreement, due to your fault, negligence, act, omission, delays, conduct, breach of trust of, or non- observance or violation of the Agreement or any of stipulations and warranties and/or any of your employees, agents, representatives or sub-contractors.
18. Force Majeure/Delay
For purposes of this Agreement the terms “force majeure” and “fortuitous event” may be used interchangeably. “Force Majeure” shall mean all events which are beyond the control of the affected party and which are unforeseen, unavoidable or insurmountable, and which arise after this Agreement has become effective and which prevent total or partial performance by such party of its obligations under this Agreement. Such events shall include earthquakes, typhoons, flood, fire, war, failures of international or domestic transportation, acts of governments or public agencies, epidemics, civil disturbances or any other similar event beyond the reasonable control of the party affected.
If either Party considers that any circumstance of Force Majeure has occurred which may affect the performance of its obligations under this Contract, the affected Party must notify the other Party in writing of such event within five (5) calendar days after its occurrence.
PINOYFITNESS shall not be held liable for any delay and/or failure to perform any part of this Agreement due to fortuitous events or events of Force Majeure or circumstances beyond its control which directly prevents it from performing its obligations hereunder, provided that the App undertakes to perform all acts as it is reasonable to do to minimize the impact of such events on the performance of this Agreement
PINOYFITNESS reserves the right, at its sole discretion, to revoke your access privileges in the App at any time without notice.
20. Non-assignability Clause
As a General rule your account is non-transferable, the App User shall not assign or transfer any or all of its rights and obligations hereunder to any third party. Exception to which is if the transfer or assignment has prior written consent of the App. Any violation of this Agreement shall be sufficient ground for the App to cancel or terminate this Agreement with you, at its own initiative, without need of judicial action. Nevertheless, the App shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required.
21. No Partnership
Nothing in these Conditions creates, implies or evidences any partnership or joint venture between you and PINOYFITNESS or the relationship between them of principal and agent.
Both parties have asked and agreed that this Agreement, and all documents relating to this Agreement (including but not limited to the attachments to this Agreement) be drafted in the English language. Both parties fully understand the English language and have a full and complete understanding of the contents, effects, and consequences of this Agreement, and the parties acknowledge they have had the opportunity to consult with a lawyer of their own choosing in deciding whether to sign this Agreement. The English language version of this Agreement and all related documents will be the official and binding versions, even if the parties also have copies translated into another language. Should only the non-English translation of this Agreement be required to be submitted to any governmental authority in the Territory, the translation shall be binding upon both parties solely with respect to such governmental authority. As between the parties, the English language version shall prevail and be binding in all circumstances.
23. Finality Clause
In case of ambiguity, the decision of PINOYFITNESS on the interpretation of any term contained in any document or in the evaluation of documents and other services shall be final and binding on all parties concerned.
This Contract shall take effect upon acceptance thereof by the parties.
For any questions about this Terms and Conditions, you may contact us at (+02) 8041614 or write us at PINOYFITNESS, Inc. Unit F, Garden Level, Corinthian Plaza, Makati City.
37. Complaint Center