Terms of Service

 

This agreement is in effect as of v1.0, 14 Jan 2018.

The Keystone Website, Keystone Coaching Portal and Keystone App (collectively “Services” or “Keystone Services”) is owned and operated by Keystone Health and Fitness Pty Ltd.

Using our services by visiting our website, coaching portal or App and by accessing the information, resources, products and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

We reserve the right to change this User Agreement from time to time. We will notify you when changes occur via email. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarise yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Who can use Keystone Services

You must be at least eighteen (18) years of age to use Keystone.fit products and Services. No individual under these age limits may use the Services, provide any personal data, or otherwise submit personal data through the Services (eg., a name, address, telephone or email address).

Responsibility and Use of Content

User Generated Content

User-Generated Content available in connection with the Services, is the sole responsibility of the User, and Coach from whom such User-Generated Content originated. We do not endorse any opinions or recommendations contained in User-Generated Content. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.  

Any information that users receive through Keystone App (included, but not limited to: advice, statements, or other information, including, without limitation, food, nutrition and exercise database recommendations) are not produced by Keystone Services, but are produced by the coach utilising the Keystone Services, and should not necessarily be relied on.

Keystone make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any content available through the Services including but not limited to Keystone Website, Keystone Portal and/or Keystone App, and we make no commitment to update such content.

By participating and utilising  Keystone Services the User assumes full responsibility for the risks that they are exposing themselves to and accepts full responsibility for any loss or injury that may result from participation in the Services.  

Keystone Health and Fitness strongly advises that all users seek advice from medical practitioners to ensure programs and advice provided is correct for them.

Your License to Us

When you provide User-Generated Content to Keystone Health and Fitness through the Services, you grant Keystone and our Users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, resources, or media through which the Services are available), commercialise, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services.

You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) Keystone has no obligation to provide you with any credit when using your User-Generated Content, but if Keystone chooses to provide you with credit, the size and placement of the credit is at our sole discretion; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.

The rights you grant in this license are for the limited purposes of allowing Keystone to operate the Services in accordance with their functionality, improve the Services, develop new Services, and to allow other community members to use the Services in accordance with their intended function. Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with the privacy settings you establish within our Services. For information on managing your privacy settings for the Services, see the Keystone Privacy Policy.

We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content that we believe violates these Terms, the Community Guidelines, and/or our policies.

Content Retention

Following termination of your account, or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Furthermore, Keystone and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that otherwise has been stored or shared through Keystone. Accordingly, note that the above license to your User-Generated Content continues even if you stop using the Services. When you post something publicly, others may choose to comment on it, making your Content part of a social conversation. For more information, please review our Privacy Policy.

Limitation of Warranties

By using our website, you understand and agree that all Services we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

i) the use of our Services will meet your needs or requirements.

ii) the use of our Services will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using our Services will be accurate or reliable, and

iv) any defects in the operation or functionality of any Services we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Keystone Health and Fitness Pty Ltd or through any Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or Services. Keystone Health and Fitness Pty Ltd will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Responsible Use and Conduct

By visiting our website, portal and App and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Services only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.   

Wherein, you understand that:

a. In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. You must notify our Support Team right away of any actual or suspected loss, theft or unauthorised use of your account or account password.   We are not responsible for any loss that results from unauthorised use of your username and password, with or without your knowledge.  Accordingly, you are responsible for all activities that occur under your account/s.
If you are a resident of the European Union: You have the right to delete your account with us by contacting our Support Team. If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will also be deleted.

c. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Services is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorised activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

  • Contains any type of unauthorised or unsolicited advertising;

  • Impersonates any person or entity, including any keystone.fit employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Keystone Health and Fitness Pty Ltd, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Services. All information provided as part of our registration process is covered by our privacy policy.

i. You agree to indemnify and hold harmless Keystone Health and Fitness Pty Ltd and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Service Updates, changes and limitations

We may from time to time, as we see fit, develop and provide updates for certain Services. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates.

These Updates may include updated versions of our applications, which may automatically electronically upgrade the versions used on your device, as well as updates to wearables and other connected products. You expressly consent to such automatic Updates.

Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.

Consent to Receive Communications

After signing up for an account, you may receive periodic email communications regarding the operations of our Services. You cannot opt out of receiving these communications while you continue to use our Services.

You may also receive periodic promotions and other offers or materials that we believe might be of interest to you. You can opt out of receiving these promotional messages at any time by following the unsubscribe instructions contained in the message footer, or by changing the email preferences in your account.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Copyrights/Trademarks

All content and materials available on this website and any Keystone Services, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Keystone Health and Fitness Pty Ltd, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorised by Keystone Health and Fitness Pty Ltd.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Keystone Health and Fitness Pty Ltd from our offices located in the state of Victoria, Australia. It can be accessed by most countries around the world. As each country has laws that may differ from those of Victoria, by accessing our website, you agree that the statutes and laws of Victoria, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or Services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Australia, Victoria You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, KEYSTONE HEALTH AND FITNESS PTY LTD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

info[at]keystone.fit

Keystone Health and Fitness Pty Ltd
146 Thistlethwaite Street
South Melbourne, Victoria 3205
Australia