TERMS OF SERVICES
MAITHA'S WAY OF LIFE IOS APP
TERMS OF SERVICE
Mobile Application End-User Licence Agreement (EULA)
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY BUYING OR INSTALLING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY OR INSTALL THE APP.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We, Maitha’s Way Of Life and Erdmuthe Coninx of Dubai, United Arab Emirates, license you to use:
Maitha’s Way Of Life, version 1.0, mobile application software[, the data supplied with the software,] (App) and any updates or supplements to it.
The related online documentation (Documentation).
The service you connect to via the App and the content we provide to you through it (Service).
as permitted in these terms.
3. YOUR PRIVACY
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
4. APPLE APP STORE’S TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the Apple APP Store’s rules and policies https://www.apple.com/ae/ios/app-store and Apple APP store’s rules and policies will apply instead of these terms where there are differences between the two.
5. OPERATING SYSTEM REQUIREMENTS
This app requires a [TYPE OF MOBILE TELEPHONE OR HANDHELD DEVICE] device with a minimum of [AMOUNT OF MEMORY] of memory and the [TYPE OF OPERATING SYSTEM] operating system [VERSION OF OPERATING SYSTEM] . [INSERT OTHER REQUIREMENTS].
6. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.maithaswayoflife.com .
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com .
How we will communicate with you. If we have to contact you we will do so by email, by SMS, by Social Media tools or by pre-paid post, using the contact details you have provided to us.
7. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
Download or stream a copy of the App onto one mobile telephone or handheld device onto which the App may be downloaded or streamed and view, use and display the App and the Service on such device for your personal purposes only.
Use any Documentation to support your permitted use of the App and the Service;
Provided you comply with the [see “LICENCE RESTRICTIONS”], make up to one copy of the App and the Documentation for back-up purposes; and
Receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
8. YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP
You must be 18 or over to accept these terms and buy or install the App.
9. IMPORTANT NOTICE ABOUT OUR FITNESS AND NUTRITION CONTENT
The App and the Service do not constitute medical advice. Although the Service are provided with your health and safety in mind, it is critical that you consult your physician, follow all provided safety and other instructions, and obtain authorization before accessing or using the Service, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medical conditions. THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DIAGNOSE ANY MEDICAL CONDITION, REPLACE THE ADVICE OF A HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The information made available on or through the App and Services should not be relied upon when making medical decisions. YOUR USE OF THE SERVICE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND MAITHA’S WAY OF LIFE OR ERDMUTHE CONINX. Your individual results using the Service may vary. Exercise and proper diet are necessary to achieve and maintain weight loss and muscle definition. Any testimonials featured on our website or App may have used other products/services in tandem or extended the program to achieve their maximum results.
Nutrition Information. Any nutrition plans provided in the App or as part of the Service, may provide nutrition, food, caloric and other related information designed to help our customers eat healthy to reach their health and wellness goals. While any nutrition information we may provide is designed to safely align with our related exercise regimens, you must consult your physician before beginning any nutrition plan or altering any dietary regimen, especially if you have any unique or special medical needs or conditions, such as food allergies, dietary restrictions or if you are pregnant or breast feeding.
Assumption of Risk. You expressly acknowledge and agree that your access, use and/or involvement with the App or the Service may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, loss of Services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Maitha’s Way Of Life and Erdmuthe Coninx from and against all claims, suits, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with the App or the Service.
10. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above [see “HOW YOU MAY USE THE APP”]. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
11. CHANGES TO THESE TERMS
We may need to amend, change, update or vary these terms to reflect changes in law or best practice or to deal with additional features which we introduce or for any other reason whatsoever at our discretion.
You shall be responsible for checking these terms from time to time and ensure continued compliance with these terms (as amended from time to time). Your use of the App and the Service after any such amendment, change, variation or update shall be deemed as your express acceptance to such amended, changed, updated or varied terms and you also agree to be bound to such amended, changed, updated or varied terms.
12. UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always [work with the current or previous version of the operating system (as it may be updated from time to time) and] match the description of it provided to you when you bought it.
13. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
14. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
Certain Services, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings on the App.
15. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
16. LICENCE RESTRICTIONS
You agree that you will:
Except in the course of permitted sharing (see [see “HOW YOU MAY USE THE APP”]) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
Not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, and that any proprietary information obtained by you in relation to the App:
is not disclosed or communicated without the Licensor’s prior written consent to any party;
is not used to create any software that is substantially similar in its expression to the App; and
is kept secure.
17. ACCEPTABLE USE RESTRICTIONS
Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
Not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
18. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
19. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
20. LIMITATION OF LIABILITY
In no event shall Maitha’s Way Of Life and Erdmuthe Coninx be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
You agree to indemnify and hold Maitha’s Way Of Life and Erdmuthe Coninx, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your improper use of the App or the Service, your violation of these terms, or your violation of any rights of a third party.
22. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
You must stop all activities authorised by these terms, including your use of the App and any Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
Prior to placing an Order, you must create an account through the app and the Services.
Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person. You may update or cancel your account at any time through the Site.
All information provided to us in the Account Creation process must be true and correct. A Customer must not have more than one active account at any time.
Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.
You must notify us of any changes to your personal information or Payment Method, which was provided by you in the Account Creation process.
If you suspect or become aware that your account has been accessed without authorisation or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting firstname.lastname@example.org
24. SUBSCRIPTION CHARGES:
Subscriptions will continue month to month until terminated. Unless the subscription is cancelled before the monthly renewal date, the following month’s fees and charges will be charged to your nominated Payment Method.
The subscription fees and charges will be billed on a monthly basis to your Payment Method on the commencement day of your first paid subscription.
Maitha’s Way Of Life and Erdmuthe Coninx reserve the right to vary the fees charged for our subscription based Products from time to time. If fees are varied through the exercise of this right, then Maitha’s Way Of Life and Erdmuthe Coninx will inform you of any such variation and provide you with one month’s notice of any such change.
If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect; you agree that this will be your only remedy with regards to a variation of our subscription charges. If you do not chose to cancel your subscription within 14 days of the change coming into effect, you will be deemed to have accepted the variation.
Upon your subscription to the App and the services, unless you notify us otherwise, you agree to subscription fees and all other charges relating to the subscription being billed automatically each month to the nominated Payment Method provided by you during the Order process.
You must notify Maitha’s Way Of Life and Erdmuthe Coninx of any change to your Payment Method. If you do not notify us of any such change, then Maitha’s Way Of Life and Erdmuthe Coninx will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method.
If any subscription fees or charges billed to your account, are not processed for any reason, then Maitha’s Way Of Life and Erdmuthe Coninx will have the right to suspend your subscription until all fees and charges have been paid in full.
You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by Maitha’s Way Of Life and Erdmuthe Coninx in collecting any unpaid subscription fees or charges from the Customer.
Subscription fees will apply regardless of whether or not you use your subscription.
Subscriptions will rollover to full-priced monthly membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is cancelled before the end of the promotional period. The following month’s fees and charges will be charged to your nominated payment method. Rollover subscriptions will continue month to month until terminated.
Subscription products available to new users on iOS and Android sign up as at 1 September 2018.
1. Product Name:
Price: USD19.99/month or AED 75.00/ month
Billing Frequency: Monthly
Billing Method: iTunes & Android
2. Product Name:
Price: USD 19.99/ month or AED 75.00/ month
Billing Frequency: Monthly
Billing Method: iTunes & Android
3. Product Name:
Price: USD 49.99/3 months or AED 185.00/ 3 months
Billing Frequency: Quarterly or every 3 months
Billing Method: iTunes & Android
4. Product Name:
Price: USD 79.99/6 Month or AED 295/ 6 months
Billing Frequency: Half Yearly or every 6 months
Billing Method: iTunes & Android
25. ORDER CANCELLATION:
Maitha’s Way Of Life and Erdmuthe Coninx reserve the right to accept or reject any Order for any reason including if the App and the Services are unavailable, an error has occurred in your order, the App and the Services’ description or price has been incorrectly posted on the Site or for any breach of these Conditions.
If we reject an Order placed by the Customer, we will attempt to notify you of that rejection within a reasonable time after your Order has been submitted.
If we suspect that a transaction has occurred that may be illegal or in breach of these Conditions, we may contact you to confirm your payment and personal details. If we are unable to contact you we may cancel your Order without further notice
26. ADJUSTMENT OF ORDER INFORMATION
All Orders are considered final at time of placement. Please check your details carefully before submitting your Order. Should you need to make an adjustment to your Order, please contact email@example.com immediately. Once an Order is placed, there is no guarantee that it can be altered or changed.
Please note contacting carriers directly is the responsibility of the Customer.
27. ACCOUNT AND ORDER TERMINATION
If you wish to terminate your subscription of the App and the services purchased through Apple IAP (in app purchase) function, you are required to do so via Apple’s subscription platform. You will be billed if you have not cancelled this in the correct manner prior to your next billing date. To find out how to cancel your membership through Apple service, head to www.support.apple.com .
For any other subscription related matters, the rules and regulations of the Apple IAP (in app purchase) are applicable.
28. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
29. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights for third parties to enforce any term of this agreement.
30. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
31. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
32. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by Dubai law and are subject to the exclusive jurisdiction of the Dubai courts.