Terms and Condition

1. Our Services

1.1   We provide a venue for Trainers to store and manage client fitness data

Our aim in providing our Services is to change the way the health and fitness industry collects and manages client data to provide better customer experiences.

We provide an online venue to introduce Members in various ways, and to allow members to interact and collect specific training data relevant to their personal fitness goals.

In providing the PocketTrainer venue, we don’t participate in the actual collection and management of data within the service. We don’t own any Business using the PocketTrainer services.

1.2   We work to ensure our venue is safe and trustworthy

Our Members will only use PocketTrainer if they trust other Members and feel confident in the PocketTrainer community. While we can’t pre-screen members or monitor our entire Site, if we become aware of any misuse of our Services, we’ll take the appropriate action. This could be issuing a warning, removing content, disabling an account, banning a Member, or contacting the relevant authority.

Some examples of the kind of misuse we’d take action over are: services offered by a Trainer to a client not upheld; negative or nasty behaviour such as bullying.

You agree that we may disclose your personal information in accordance with our privacy policy, including your name and contact details, as well as any site interactions or other relevant information, to the relevant authorities, parties and/or intellectual property rights holders.

1.3   We offer services to make our venue easier to use

We offer a bunch of additional services to make our venue easier to use and to make life better for all users. Generally, these additional services have their own Specific Terms, which can be found on our Site and which form part of these Terms.

For example:

Our payments service partner, EzyPay limited, allows Trainers to charge Clients one-off or recurring payments for (but not limited to) personal training, programming services through the PocketTrainer webapp.

1.4   We license our intellectual property to you

To enable you to use and enjoy our Services, we grant you a limited, non-exclusive, non-transferable and revocable licence to use our Site and Services in accordance with our Terms.

We retain all of our intellectual property rights, including our rights in the software and source code used, to provide the Site and Services. You may not adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the Site, or commercialise or on-sell any information obtained from the Site or our Services, without our prior written consent.

1.5   We can change our Services on notice

We are constantly changing and improving our Site and Services. We may add or remove features or functions and we may suspend or stop providing a Service altogether.

 

2. Your Membership

2.1   Becoming a Member

The cost of a membership with PocketTrainer for all Trainers is 2% of the total revenue collected through our Ezypay partnership services. The cost for all Ezypay services is outlined in their terms and conditions.  We do have some eligibility terms. To become and maintain a Membership you must:

  1. Be a resident in New Zealand or Australia (unless we specifically agree with you otherwise);
  2. Complete the registration process and provide true, correct and up-to-date information; and
  3. Have active subscriptions for all active clients using the PocketTrainer software.

In order to use our Services, you only need one account. So, you can’t register as a Member under multiple identities, personas, or aliases (whether they are false or not).

2.2   Maintaining your membership

You must maintain and update your personal and account information, to ensure it’s always current and correct. We may contact you to verify your details.

You’re responsible for all the activity that happens on your account. To protect it, keep your login information secret and secure, change your password regularly, and don’t let anyone else use your membership.

Our Members work hard to earn great feedback, and rely on the feedback placed about others. Unless we give specific prior approval, your membership is not transferable and can’t be sold, leased, lent or traded.

2.3   How we communicate with each other

We may contact you about your membership, your transactions and any other activities on the Site. Our privacy policy has more information on this.

Subject to your email preferences, we may contact you with information or promotions about our other Services that we think you’ll be interested in. We also send emails and e-newsletters to some of our Members, where we think they’ll be relevant. You can unsubscribe from all emails and newsletters that don’t contain important information about using PocketTrainer.

2.4   Terminating your membership

You may terminate your membership at any time, for any reason. We’ll need around three days to process your request. Similarly, we may refuse to offer some or all of our Services to you without prior notice, for any reason.  To terminate your membership please contact admin@pockettrainer.co.nz

If we have restricted or prohibited your access to our Services, we will have done this for a reason and, if we can, we’ll tell you why. You agree not to bypass these controls, for example, you agree not to create a new membership. If we have explained why your access to our Services has been restricted or prohibited, we reserve the right to cease further correspondence with you.

If your membership is terminated (by you or by us), your ability to access our Site will end and you must stop using our Services. Certain clauses from these Terms will continue to apply after termination, including clause 1.4, 3.3 and 4.3–4.6. If you visit our Site after termination, or otherwise use our Services, these Terms will apply.

 

3. Your general commitments

We provide our Services with the aim to change the way the health and fitness industry collects and manages client data to provide better customer experiences. To help us do that, we need you to make certain commitments:

3.1   Our venue is for New Zealand and Australia

Our venue is for New Zealand and Australia only.

You must be located in New Zealand or Australia to use PocketTrainer’s services, unless we specifically approve you to use PocketTrainer from another country. You can use the PocketTrainer services if you are based outside of New Zealand or Australia, as long as your business is run within these countries. If we approve you to use PocketTrainer from a country other than New Zealand or Australia, you’ll need to offer clients the option of paying via our Ezypay partner services, which trade in Australian or New Zealand Dollars.

3.2   Don’t be a dick

No scraping: You may not use a robot, spider, scraper or other unauthorised automated means to access the Site or information featured on it for any purpose. You also may not manually scrape, harvest or otherwise extract data from our Site without our express permission.

Keep it legal: You’ll comply with all applicable laws when using our Services. Examples of some relevant laws are, the Consumer Guarantees Act 1993, the Harmful Digital Communications Act 2015, the Copyright Act 1994, and the Trade Marks Act 2002, to name a few!

Keep it onsite: You agree not to (a)use the Services or the Site to promote Items or services for sale outside of the Services; or (b) seek to avoid our success fees or our process.

3.3   You give us a right to use your content for our Services

You confirm that you either own or have permission to use all of the content that you post and upload when using our Services. For example: any photos, data, information, and other content (“your content”).

You retain ownership of your content and nothing in these Terms is intended to claim ownership of your content or to restrict your ability to use your own content. To help us provide and improve our Services though, we need you to give us some permissions in relation to that content, which we set out below.

You give us a licence or right to use your content so we can improve and provide our Services. Lawyers refer to this as an intellectual property licence under which you grant a non-exclusive, transferable, sublicensable, royalty-free, and worldwide licence to us, to use, store, display, reproduce, modify, distribute, create derivative works, and save your content in any manner and on any media or platform to promote, improve and provide our Services. This means, for example, that if you create an event or a post on the news feed, you give us permission to store, copy, use and share that data (including any photos). This licence continues even if you stop using our Services. You confirm that you have the right to grant this licence to us.

 

4. Resolving problems

4.1   Disputes with another Member

You agree to try to resolve any disputes you have with other Members directly with them.

We do try to offer help and information where we can, but please keep in mind that we’re not a party in any transaction between you and another Member, and there’s only so much we can do.

Because we care about our Members’ privacy, if you’re taking a dispute with another Member to the Disputes Tribunal or other tribunal or committee, we’ll only release that Member’s details if you sign a statutory declaration. We can provide you with a statutory declaration form if you need one. See our privacy policy for more information.

4.2   Disputes with us or our Service

If you have a dispute with us, please get in touch and we’ll try to resolve it informally. If we need to contact you about a dispute, we’ll use the last email address you gave us or any other reasonable method. If we haven’t been able to resolve a dispute informally, either party can look to resolve a dispute or seek any remedy available through any legal method available.

The Advertising Standards Authority is a self-regulating body for the advertising industry, dedicated to ensuring advertising is socially responsible, truthful, and not misleading. If you have concerns about any PocketTrainer advertising, you can submit these to the ASA.

PocketTrainer is proudly Kiwi and these Terms are governed by the laws of New Zealand. If there’s a dispute, it will be resolved in New Zealand.

4.3   Our Services and system may not always be available

We work hard to ensure the security and performance of our Services but we don’t guarantee that our Services will be 100% secure, uninterrupted or error-free. We provide our Services on an ‘as is’ basis, without any warranty of any kind. That means your use of our Services is at your own risk. It also means that we exclude and disclaim all implied warranties, to the extent that we legally can, such as fitness for purpose, merchantability and non-infringement.

If you are using our Services for a personal purpose, then nothing in our Terms limits any consumers’ legal rights that may not be waived or limited by contract.

Any information or advice that we may give you regarding or during your use of our Services is also subject to the disclaimers in these Terms and won’t create any warranty that isn’t expressly given in these Terms.

4.4   Our liability to you is limited

To the maximum extent permitted by law, you assume full responsibility for any loss or damage that results from your use of the Site and Services. We won’t be liable to you or any other person in connection with the Services, this Site, your use of the Services or Site, or another Member’s acts or omissions, whether for negligence, breach of contract, breach of statutory duty or otherwise. We won’t be liable for anything that is outside of our reasonable control. We won’t be liable for any loss or damage, whether direct or indirect. For example, we won’t be liable for loss of profits, loss of business or anticipated savings, general or special damages, or consequential or incidental loss.

We’re not a party in any transactions between Members

As mentioned in clause 1.1 of these Terms, other than providing our Site as a venue, we don’t take any part in the exchange of money for services on our Site, nor are we involved with the provision of Member Services. All transactions and other contact between you and other Members are entirely at your risk.

That means that we aren’t liable or responsible for:

  1. Any Member Services that are offered or provided;
  2. The safety, quality or legality of any Services that are listed on the Site, or the accuracy or truth of any Services;
  3. Any guarantees or assurances that a Trainer has made regarding a Member Service or Item they have listed, including any implied warranties.

Plus it means that we give no guarantee or warranty:

  1. That any Member Service provided on our Site will meet your requirements or expectations;
  2. That any information posted on our Site, is error-free or reliable.

 

We’re not responsible for Member conduct on our Site

We don’t control our Members (and wouldn’t want to, that’s creepy!), nor do we pre-screen every member, or other communication before it’s posted on our Site. Because of this, we take no responsibility for any misconduct of our Members. For example, we are not liable if:

  1. A Member has registered under false pretences or has attempted to defraud you;
  2. A Service is inaccurate or untrue, or if the Trainer doesn’t have the right to offer the service to you (e.g. if they don’t have appropriate certifications);

3.Client fails to complete a transaction, including where they pay (or have tried to pay) by credit card.

Other advertising on PocketTrainer

Responsibility for the content of advertisements appearing on our Site (including links to advertisers’ own websites) rests solely with the advertisers. The placement of these ads on our Site doesn’t mean that we endorse or recommend the product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

4.5   We have broad rights and remedies if our terms are breached

Without limiting any other rights and remedies available to PocketTrainer, we may limit your activities on the Site, remove your programs (weigh in/body fat percentage tracking or other content), warn other Members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you (and your affiliates), if you breach our Terms, or where we consider it appropriate.

If we don’t immediately take action on a breach of these Terms, that doesn’t mean we’re giving up any rights to do so and we can take action later.

4.6   You agree to hold us harmless in the event you cause us loss

You agree to indemnify us and hold us harmless against any claim made by yourself or any third party that is in any way related to: (a) your access to or use of our Service; (b) your failure to complete a transaction; (c) your sale or attempted sale of an Item prohibited under clause 4.2.3; (d) your breach of these Terms; or (e) any content or Item that you submit, post, transmit or make available through our Services. Your indemnity under this clause covers all losses, damages or expenses (including legal costs) that we may suffer or incur.

 

5. About our Terms

5.1   The Terms cover our Services and include Specific Terms

These terms, our privacy policy and all terms posted on our Site govern your use of our Services, and are the Terms that we offer our Services to you. Please read them carefully.

The Terms make up the entire agreement between us in relation to our Services and apply instead of any prior version of any of the Terms.  Where there’s a conflict between these Terms and any Specific Terms, the Specific Terms will take priority to the extent of the conflict.

By browsing our Site, using our Services or registering as a Member of PocketTrainer you’re agreeing to these Terms. If you don’t accept our Terms, you must immediately stop using our Services or browsing our Site.

5.2   How to read our Terms

Headings are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect their interpretation.

We have provided examples in these Terms to help explain what we mean. Where we have provided examples, or where we say ‘includes’ or ‘including’, the examples given may not be all possible examples.

If it turns out that part of these Terms aren’t enforceable, then that part will be removed or edited as little as possible, and the rest of the Terms will continue to apply.

Some words used in these Terms have special meanings. We have set these out below:

Member means a registered member of PocketTrainer.

Trainer includes any person offering a “personal training service” to a member.

Services means any one or more of the services offered by PocketTrainer or, advertising and any other service that PocketTrainer may offer.

Site means any PocketTrainer website or application through which the Services are offered.

Specific Terms means any other terms, conditions or policies which apply to your use of our Services and that are posted on our Site or otherwise communicated to or agreed with you in writing.

Terms means these terms and conditions, our privacy policy and all terms and policies posted on our site.

We, us, our and PocketTrainer are a reference to PocketTrainer Limited.

You and your, are a reference to you.

5.3   We can change our Terms on notice

We may update these Terms from time to time by a site announcement, or other notice.  For significant changes we may notify you directly via email. Occasionally urgent changes may be required, but we’ll generally give you at least two weeks’ notice to give you an opportunity to review the changes before they go into effect. Once any updated Terms are in effect, you’ll be bound by them if you continue to use our Services. If you don’t agree to any updated Terms, you must stop using our Services.

We encourage you to view this page from time to time for the latest Terms.