Last updated Monday 01st December 2014.
1.1 “Application” shall mean the software provided by Us entitled “P4 Virtual Trainer App” which offers Services relating to personal training, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
1.2 “You” and/or “Your” means any person who installs the Application.
1.3 “We”, “Us” and/or “Our” shall mean P4 Virtual Trainer™ and P4 Body™ whose address can be found on the Website.
1.2 “Website” means www.p4body.co.uk
5. Proprietary Rights & License
5.1 All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by Us or by Our licensors.
6. Conditions of Use
6.1 You will not, nor allow third parties on Your behalf to (i) make or distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
6.3 You acknowledge that the terms of agreement with Your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, You may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
6.4 If You are not the bill payer for the mobile telephone or handheld device being used to access the Application, You will be assumed to have received permission from the bill payer for using the Application.
6.5 In addition, You must:
(a) not download the Application from anywhere other than a store approved by Us or install or use it on a jail-broken or rooted device;
(b) not use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the agreement, or act fraudulently or maliciously for example by hacking into or inserting malicious code into the Application or iOS, Android, BlackBerry, Windows or other operating systems;
(c) not attempt to derive income from the use or provision of the Application, whether for direct commercial or monetary gain or otherwise.
7.1 This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. We will use reasonable efforts to make the Application available at all times. However You acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors that are outside Our reasonable control.
7.2 We do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
7.3 We will not be responsible for any support or maintenance for the Application.
8. System Requirements
8.1 In order to use the Application, You are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
8.2 The Software Requirements are as follows: Apple iPhone devices 4, 5 and 6 running iOS 5, iOS 6, iOS 7 and iOS 8; Language: English; Sufficient memory storage space available on device.
8.3 The version of the Application software may be upgraded from time to time to add support for new functions and services.
9. Use of Location Data
Certain services will make use of location data sent from Your mobile device for statistical purposes and to validate Your location against other locations. You can turn off this functionality at any time by turning off the location services settings on Your mobile device. If You use these services, You consent to Us and Our partners' and licensees' transmission, collection, maintenance, processing and use of Your location data to provide and improve location-based products and services.
From time to time updates to the Application may be issued via the Apple App Store, Google Play, BlackBerry App World, Windows Store or other application stores the Application is available from. Depending on the update, You may not be able to use the Application until You have downloaded the latest version of the Application and accepted any new terms.
11. Contacting You
11.1 We may contact You from time to time about the Application, including about promotions relating to the Application. We will do this electronically, for example by email, text or other messages on the Application or by telephone or post.
11.2 You may tell Us at any time if You do not wish to receive marketing messages from Us by contacting Us or by following any contact stop instructions We may include in the message We send to You.
12.1 We may terminate use of the Application at any time by giving notice of termination to You.
12.2 Upon any termination, (a) the rights and licenses granted to You herein shall immediately terminate, and (b) You must immediately cease all use of the Software.
13. Limitation of Liability
13.1 In no event will We be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of Your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
13.2 We are not liable to You for any damage or alteration to Your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
14. Disclaimer of Warranties
To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, We hereby disclaim all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty of any kind.