TERMS AND CONDITIONS

terms & conditions of USE

These Terms & Conditions (“Terms & Conditions”) apply to the subscription services (the “Subscription Services”) and other e-services and information (the “Services”) rendered available at www.playfitt.ca (the “Website”) and the PlayFitt application (the “App”) offered by IntelliSports Inc. (“IntelliSports”).  

 

By placing an order for Subscription Services with IntelliSports or otherwise by using any of IntelliSports’ Services, you agree to be bound by these Terms & Conditions and all applicable laws. If you do not agree to be bound by these Terms & Conditions, please do not access or use such Services or subscribe to our Subscription Services. You should review these Terms & Conditions regularly as IntelliSports may change them from time to time. Should you disagree with these Terms & Conditions or object to any changes made, you should refrain from or stop using the Subscription Services. By continuing to use the Subscription Services and other Services, you are deemed to adhere to the provisions of the Terms & Conditions actually in force or thereafter as amended. You can tell if these Terms & Conditions have changed by looking at the effective date appearing at the end of that document.  

 

 

   1. LEGAL AGE

 

 

By placing an order for the Subscription Services with IntelliSports or otherwise using the Subscription Services, you represent that you have the legal age in your jurisdiction to subscribe to the Subscription Services. If you do not have the legal age in your jurisdiction, your parent or guardian must give you permission to use the Subscription Services, and to place orders. IntelliSports reserves its rights to request evidence of such permission at any time and to cancel your account or block your access to the Website or the App should you fail to provide evidence of such permission when requested to do so.

 

 

 

   2. INFORMATION ACCURACY

 

 

When placing an order for the Subscription Services, you agree to provide only true and accurate information about your identity and payment details, failing which IntelliSports reserves its right to refuse to fulfill your order.

 

 

 

   3. SUBSCRIPTION SERVICES

 

     GENERAL INFORMATION

 

IntelliSports grants you a non-exclusive, personal, non-transferable, revocable, and limited license to access and use the Subscription Services you subscribed to in the manner set forth herein, subject to your full compliance at all times with the provisions set forth in these Terms & Conditions and the Privacy Policy https://www.playfitt.ca/legal.

 

The Subscription Services allow you to connect your Apple or Android smartphone to an IntelliSports connected object or just the Apple or Android smartphone itself.

 

The Subscription Services may allow the measurement of various parameters such as: time, speed, acceleration, position, rotation, and/or covered distance of the IntelliSports connected devices or the Apple or Android smartphone itself.

 

The Subscription Services are only meant to be used with the Apple or Android smartphone itself or official IntelliSports devices, and such smartphones and devices are required to use the Subscription Services.

 

     TYPE OF SUBSCRIPTION

 

Subscription Services are normally subscribed for a period of one (1) year, or month, or other period, which period will automatically renew for an undetermined period, unless you cancel your Subscription Services through your IntelliSports profile before the end of the initial term. You may however cancel the Subscription Services at any time as provided for below:

 

  • For annual subscriptions, a notice of renewal will be sent to you 60 days before the end of the subscription period. If you do not cancel prior to the end of the subscription period, your payment to IntelliSports will be automatically processed in accordance with applicable law and as agreed upon for the initial subscription unless you require otherwise;

 

As applicable, the Subscription Services can be paid for directly to IntelliSports, either through the Website or through the App, by paying an annual subscription fee.

 

  • Applicable fees

 

The Subscription Services are provided to you on a royalty-free basis with respect to the basic Subscription Services (the “Basic Subscription Services”). However, if you decide to upgrade your experience and purchase IntelliSports’ paid Services (the “Paid Subscription Services”), you agree to pay IntelliSports the applicable fees. Failure to pay these fees may result in the termination of your subscription and of the provision of such Paid Subscription Services.

 

In addition to the foregoing, you understand that even with respect to the Basic Subscription Services, your carrier’s normal rates and fees for the use of your electronic device – such as data charges – will apply.

 

Finally, with respect to the Paid Subscription Services, the following terms will apply:

 

  • Payment of your order can be made by credit card. Your credit card is debited immediately after the order is placed.

  • The pricing of the Paid Subscription Services is detailed on the website and in the App.

  • Prices shown are exclusive of any taxes; applicable sales taxes will be added to the price at checkout and your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates charged by your banking institution);

  • You must pay IntelliSports for applicable fees and taxes for the term of your subscription;

  • Unless you cancel your account or any of the requested Services, you will be deemed to have agreed to remain a subscriber of the Paid Subscription Services. Accordingly, should your credit card expire or any payment not be executed, IntelliSports will keep providing you with the requested Services and will invoice you for any such arrears;

  • The fees for the Paid Subscription Services may be changed prospectively at IntelliSports’ discretion and in accordance with applicable law; in case the price of the Subscription Services changes, you will be notified beforehand and will have the right to discontinue your Subscription Services.

 

   CANCELLATION

You can cancel your subscription to any Subscription Services at any time by notifying IntelliSports as provided for below. The cancellation will take effect on the sending of the notice or at the date specified in the notice. As applicable, IntelliSports will charge you the price for any Unpaid Subscription Services

No Subscription Services already paid by you will be refunded upon cancellation.  

 

IntelliSports reserves the right to terminate your Subscription Services should you fail to comply with any of these Terms & Conditions, use the Website or App for illicit purposes, if your account is inactive for a long period of time and are not paying or you have outstanding charges in respect of use of the Website or the App.

 

 

 

   4. ORDERS

 

Before completing an order for the Subscription Services on our Website or App you will be shown an order confirmation page describing the Subscription Services, the price, and any applicable taxes. You will have the opportunity to modify or cancel your order before placing it. You must accept these Terms & Conditions in order to place your order.

 

Your order is only confirmed when you receive an order confirmation by email from IntelliSports.

 

 

 

   5. ACCESS TO THE SUBSCRIPTION SERVICES

 

The Subscription Services can be accessed through the App, which is available for download on Google Play for Android devices and on the App Store for Apple devices or via the Website. A working internet connection is necessary to access the Subscription Services. It is your responsibility to ensure that you have all the required system specifications necessary to access the Subscription Services.

 

IntelliSports shall not be held liable where the Subscription Services are interrupted or disrupted due to a failure of your internet connection or a failure for which your internet provider is responsible.

 

The Subscription Services may be ordered by users residing in Canada and the United States of America. The Website and the App are not intended for use outside of these jurisdictions. The fact that the Website and App are available elsewhere shall not constitute a representation or covenant that it will be relevant or available in such location. Whoever chooses to access Website or App in a jurisdiction other than where the Services are offered does it at his/her own initiative and at his/her own risk, and understands that such access may be contrary to the laws applicable to any foreign jurisdiction.

 

 

 

   6. ACCOUNT

 

In order to subscribe to the Subscription Services, you must create a user account with IntelliSports respecting which you will be assigned a username and a password. You agree that you shall not misrepresent yourself or provide any false information in relation to your identity when registering or using the Website or the App. You acknowledge that you will update your account information should it become inaccurate by accessing your account through our Website or through the App.

 

Through your account, you can also access your profile information, your payment information and your performance statistics.

 

You are responsible for maintaining the confidentiality of your account, including your password. You are also responsible for all account activity conducted with your username and password.

 

You can close your account yourself by logging into your account and selecting the proper option or by contacting us as provided for below.

 

 

 

   7. CONTENT YOU SUBMIT

 

You are responsible for all content you upload or otherwise make available through the Website or the App. You agree to provide only accurate information and to modify any information that is inaccurate or becomes inaccurate about yourself or the contents you have uploaded or made available. As such, you agree that you shall not misrepresent yourself in any way whatsoever or provide false information about yourself when using the Website or the App.

 

You agree that you shall only submit legal and reliable content to the Website or the App. You may not upload or otherwise make available through the site any content that (i) is illegal, including but not limited to any confidential, defamatory, obscene, injurious and hateful content, (ii) infringes on intellectual property rights or (iii) constitutes spam or any other form of commercial solicitation, including hyperlinks to third-party websites.

 

Finally, you agree and confirm that all messages, questions, comments, suggestions or other materials (your "Suggestions") that you may provide to us from time to time are not confidential or subject to third party intellectual property rights. By providing these Suggestions, you grant irrevocably and without limitation, all rights, title and interest in any form of intellectual property you may have in connection with these Suggestions, and you irrevocably waive all moral rights that you may have, as the case may be, on such intellectual property.

 

Likewise, by using the services you grant Intellisports royalty free worldwide irrevocable license to use all sports data collected using the app (other than personal data which are governed by the privacy policy).  For more clarity, the data will not be used in a manner that could identify you.

 

IntelliSports has the right to modify and delete any content you upload or publish on the Website or the App. IntelliSports cannot be held liable for user generated content.

 

   8. PLAYFITT CONTEST OFFICIAL RULES

THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  MUST BE 13 OR OLDER ON THE DATE OF ENTRY AND MUST HAVE AN ACCOUNT WITH PLAYFITT APPLICATION TO ENTER. YOUR ENTRY MUST COMPLY WITH THE CONTENT GUIDELINES IN THESE OFFICIAL RULES. SECTION 7 OF THESE RULES REQUIRES YOU TO AGREE TO BINDING ARBITRATION FOR ANY CONTEST DISPUTES. ONE ENTRY PER CONTESTANT. 

The Contest (as defined below) is sponsored by Intellisports Inc. (“Sponsor”). The Contest is not sponsored, endorsed, administered by, or associated with Apple® or their subsidiaries or affiliates.

                        1. KEY TERMS

The following key terms are applicable to the Contest:

CONTEST

PlayFitt “Season Contest” Contest (the “Contest”)

ENTRY PERIODS

The Contest begins at the beginning of a season as defined in the PlayFitt Application (the “app”) and ends at the end of the season as defined in the app (the "Contest Period").

PRIZES

The prizes to be awarded (each, a “Prize” and collectively, the “Prizes”) are

As mentioned in the app but to start is a weeklong contest with the prize being 100,000 Grit Coins.

 

                        2. ELIGIBILITY

Subject to these Contest Official Rules (“Official Rules”), the Contest is open to anyone who (1) is at least 13 years old and (2) has downloaded the app. and has the premium subscription.  Any entrant who is a minor in their jurisdiction of residence must have a responsible parent or legal guardian claim the Prize on the minor’s behalf. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and their immediate family members or household members are not eligible win any Prize in the Contest.  Downloading the App is free.  Using the App on your mobile device may incur a charge to you under your data plan, so consult your mobile carrier for details.

                        3. HOW TO ENTER 

Enter the Contest by completing each of the following steps:

1. Download or open the previously downloaded App on your mobile device. If you already have a PlayFitt account, log into your existing PlayFitt account. If you do not already have a PlayFitt account, sign up for a PlayFitt account.

2. Purchase the Premium Subscription on the Marketplace and be subscribed at 11:59pm eastern time on the last day of the contest.

3. Follow the instructions on the app.

CONTENT GUIDELINES

To be eligible in this Contest, you and only you must have done the activities attributed to your account. 

YOUR REPRESENTATIONS

By entering the Contest, you represent and warrant with respect your entry that (a) you have read and agree to all terms and conditions set forth in these Official Rules; (b) you are at least 13 years of age as of the date of contest entry; (c) your entry meets the above criteria in this “How to Enter” Section; and (d) your entry does not violate any law. By submitting an entry, you warrant and represent that you consent to the submission and use of the entry in the Contest, which may be visible to anyone using the App perpetually in the future, and you agree to indemnify and hold Sponsor harmless from any breach of your representations under these Official Rules.

ENTRANT IDENTITY

The owner of the e-mail account or FaceBook linked to the PlayFitt account used to submit an entry will be considered the entrant. Potential winners may be required to show proof of being the owner of the PlayFitt account as a condition of accepting the Prize.  Each entrant is limited to submission of one entry per contest.

ADDITIONAL TERMS BEARING ON ENTRY 

By downloading the App, you agree that any information provided by you or collected by Sponsor in connection with the Contest may be used in accordance with Sponsor’s Privacy Policy and Terms of Use

Sponsor reserves the right to exclude participants from the current or future contests for good cause, including evidence that a user has provided false data on conditions of participation or engaged in any other unauthorized acts.

                        4. JUDGING; WINNER SELECTION

The Contest will be conducted under the supervision of the Sponsor and process explained in the app. The decisions of the Sponsor are final and binding in all matters relating to each Contest. If an entrant is found to be ineligible for a Prize, Sponsor may, at its option and sole discretion, choose not to award the Prize at all.

                        5. PRIZES

The Prizes are set forth in the first section of these Official Rules. 

Sponsor will contact each potential winner via the App or at the e-mail address associated with the entrant’s PlayFitt account. Entrants consent to be contacted by the means stated above for purposes of this Contest. Prizes may not be awarded to potential winners who have provided incorrect contact information and who do not respond to Sponsor’s attempt to contact them within three (3) business days, in which case, Sponsor may in its discretion offer the Prize to the next eligible entrant. Potential winners must complete all steps of Sponsor's eligibility verification process and provide all documentation as requested within five (5) business days from the date of Sponsor’s attempt to contact them. Failure to complete the verification process will result in forfeiture of the Prize. Delivery of the Prize will be by mail, courier, digitally or other means in Sponsor’s discretion. 

Prize fulfilled with PayPal, in such instance will be subject to the terms, conditions, and privacy policies of PayPal, located at https://www.paypal.com. Prizes awarded as a prepaid gift card will be subject to subject to the terms and conditions of the card’s issuer. Sponsor reserves the right to verify eligibility of all potential winners as it deems appropriate as a condition to claiming a Prize (including by requiring proof of identity, address, and age). As a further condition to claiming a Prize, each potential winner may be required to sign an affidavit of eligibility, ownership, and intellectual property license, a liability release, and, where legal, a publicity release (“Affidavit/Release”), and return a completed IRS Form W-9 (Request for Taxpayer Identification) or such other tax forms as may be necessary in the winner’s jurisdiction, within five (5) business days of the date of issuance of those documents. Sponsor will report Prize winnings to the Internal Revenue Service or Canada Revenue Agency as required by applicable law. If a potential winner fails to comply with the requirements under these Official Rules, the opportunity to win a Prize may be forfeited and, at Sponsor’s discretion, offered to the next eligible entrant. Potential winners who are minors in their jurisdiction of residence must have a parent or legal guardian complete required documentation to claim a Prize on their behalf.

Decisions of Sponsor are final and binding with respect to all matters related to the Contest. In no event shall Sponsor be obligated to award any Prizes other than the Prizes specified in these Official Rules. Sponsor does not guarantee that the Prizes can be made available to, or claimed by, any potential winner. Prizes are not assignable or transferable, and no substitutions are permitted. In addition, if Sponsor is not able to transfer a Prize to an entrant due to any applicable law, rule, or regulation in the jurisdiction where the entrant resides, or if the entrant cannot claim a Prize for any reason, then Sponsor reserves the right to not award the Prize at all. The winner shall be responsible and liable for all international, federal, provincial, state, and local taxes on the value of the Prize. Sponsor will not replace lost or stolen Prizes.

 

                        6. GENERAL CONDITIONS AND LIABILITY RELEASES

By entering the Contest or by accepting a Prize, you agree to conform to all applicable federal, provincial, state, and local laws and regulations.

An entrant or winner may be disqualified from the Contest, and the entry may be removed from the App, if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned, or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged, or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled, or delayed computer transmissions which may limit an entrant's ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical, or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof. THE CONTEST IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST. NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS CONTEST OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SPONSOR’S REASONABLE CONTROL.

By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, Apple their respective owners, parents, subsidiaries, and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) due in whole or in part, directly or indirectly, from your participation in the Contest or any Contest-related activity or from acceptance, possession, and/or use of any Prize, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. 

Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs, or other causes beyond its control corrupt the administration, security, or proper operation of the Contest. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the App to such effect and may elect to award the Prize based on eligible entries received prior to the date of cancellation.  

 

                        7. DISPUTE RESOLUTION; AGREEMENT TO ARBITRATE

This Contest shall be governed by the laws of the Quebec, Canada, without regard to its conflict of laws provisions. By participating in this Contest, you agree (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and (2) that any dispute arising from or relating to this Contest shall be determined by binding arbitration only in Montreal, Quebec and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction to enforce these Official Rules. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.

 

                        8. PUBLICITY RELEASE  

Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, entries, photograph, likeness, voice, city and province or state of residence, and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose the personally identifiable information above to third parties in connection with this Contest (including, without limitation, placing your name on a list of winners).  Notwithstanding any rights of publicity, privacy, or otherwise (whether based in statutory or common law) anywhere in the world, your acceptance of a Prize constitutes your authorization to (1) have Sponsor (and its agents, consultants, and employees) photograph, record, tape, film, and otherwise visually and audio visually record you, (2) have Sponsor (and its agents, consultants, and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process, and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or limitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade, or any other purpose whatsoever; and (3) have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.  

 

                        9. WINNER LIST AND COPY OF RULES:

The name of the winner and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped envelope to: Intellisports Inc., 5455 av. De Gaspe, Suite 710, Montreal, Qc. H2T 3B3, Canada. The name of the winner may also be shown in the App and/or on Sponsor’s websites and social media pages.

   9. INTELLECTUAL PROPERTY

 

All contents available on the Website, App and Services by IntelliSports or its designees are the property of IntelliSports. IntelliSports reserves the right to modify, suspend or remove permanently any content of the Website or the App without prior notice.

 

The Website and the App, as well as the Services and their respective content are protected by copyright and other Canadian intellectual property laws and other foreign laws and international treaties. As such, you understand that access to the Website, App and Services (and their respective contents) and the right to use the Services do not grant you any right, title or interest in any form of the intellectual property that remains the exclusive property of IntelliSports or its affiliates or partners other than:

 

  • to consult, copy and print, in whole or in part, the content of the Website or the App and/or the right to use the Services for the authorized purposes and your informational purposes or other internal and non-commercial use, provided this is done in accordance with applicable laws and these Terms & Conditions, including your undertaking not to: (i) use it for commercial purposes unless otherwise expressly authorized, (ii) to sell, distribute, issue, adapt, translate, modify, publish, share, transmit, make available or communicate in whole or in part, in any form whatsoever, the data, presentation or layout of the Website, App or Services or any other content, (iii) not to render the Services available via or on a network or to multiple users, or to use multiple devices to access the Services unless such devices are used one at a time and belong to you (iv) decompile, use reverse engineering processes or similar processes, attempt to access any account (or Website or App or Services) by automated means or create derivative works, (v) remove, obscure or exclude trademarks, notices, indications and symbols or other notices of copyright or other forms of intellectual property that appear on the Website, App or Services, (vi) enter data on the Website or on the App or via the Services that modifies or is likely to alter their content or appearance of the data, presentation or layout by any process whatsoever;

 

  • to create hyperlinks to the pages of the Website or the App, provided that such links do not represent the Services or IntelliSports in a false or misleading manner, or in contravention of the provisions hereof, or in a manner that discredit such Services or IntelliSports, or which would be prejudicial to its reputation or other IntelliSports’ rights.

 

Subject to the foregoing, you understand that no right, title or interest is granted to you in connection with any form of intellectual property owned by IntelliSports. Furthermore, you may not

 

  • Use as a trademark any trademark, trade name or logo, whether registered or not, which appears on the Website and/or the App for any purpose without IntelliSports’ authorization.

  •  

  • Use third-party trademarks, trade names and logos which might be visible on the Website and/or the App; use of these trademarks, trade names and logos is subject to the authorization of the relevant third-party trademark holder.

 

IntelliSports does not grant you any license to use any of the proprietary contents of the Website, the App and Services, including but not limited to copyrighted materials and trademarks, except to the extent necessary to access and make personal use of the Website, the App. or the Services.

 

 

 

   10. PRIVACY

 

IntelliSports collects personal information and other information about or from you: (i) in the course of providing its Services; and (ii) when you navigate on the Website, use the App or otherwise contact IntelliSports to enquire (or make comments) about the Services. In all cases, IntelliSports uses security measures to protect the security and privacy of such personal information. IntelliSports further implements various measures regarding the storage of your personal information, your right of access and of rectification of your personal information and various other aspects as more fully detailed in its Privacy Policyhttps://www.playfitt.ca/legal.  By using this Website, the App and/or the Services, you agree with our Privacy Policy. The terms of this Privacy Policy are hereby incorporated to these Terms & Conditions by reference.

 

 

 

   11. LIABILITY

 

You are responsible for the use you make of the Services through your account, the Website and the App and those made by those for whom you are in law responsible. You further guarantee the veracity and accuracy of the information provided. Any use of the Website, App or Services found to be fraudulent or which contravenes to these Terms & Conditions may result in IntelliSports' refusal at any time to provide access to the Services, Website or App even if as applicable the order was confirmed, without prejudice to any other remedy that IntelliSports may have.

 

While IntelliSports makes reasonable efforts to ensure that the Services are of merchantable and appropriate quality, and fit for the purposes for which services of that nature are ordinarily used: (i) any electronic support – as well as any other mode of communication/type of services – is never infallible or fully sheltered against unforeseen events (or other force majeure) or cyber attacks (and other illegal acts); (ii) the technologies used – just  like any other products and services described herein – were not created to meet the specific needs of any person; and (iii) the Website, App and Services are not fully exept from failures, misreadings, errors or imprecisions, and may contain technical or other inaccuracies or typographical errors even if IntelliSports puts in place measures reasonably required to ensure that any content available is accurate and up-to-date. As such and subject to the foregoing and applicable law, IntelliSports emphasizes that the Website, App and Services are made available "as is" and "as available" and disclaims any representations and warranties, expressed or implied, oral or written including, without limitation, those pertaining to the Website, App and Services: relevancy, performance and applicability for any particular purpose, uninterrupted use, non-infringement, that the foregoing will be accessible without lack of negative effects on your system and that the information will be readily available, complete and up-to-date.

 

Furthermore, for clarity, Intellisports is not liable any injuries of any sort incurred do to using the PlayFitt app.

 

 

   12. ELECTRONIC COMMUNICATIONS

 

IntelliSports will contact you with product information and promotional offers about its Subscription

Services through email, messaging on the Website, messaging on the App or otherwise.

 

You can decline to receive further electronic communications from us at any time by choosing the relevant options in your user profile or by emailing us at: info@intellisports.net

 

If you choose to opt out of receiving promotional offers sent to you by email, IntelliSports reserves the right to prevent you to use the Basic Subscription Services. The reason for this is that such commercial electronic emails help making it possible for IntelliSports to inform users of the additional features and advantages of subscribing to the paying services and to secure some source of revenues to continue providing its Basic Subscription Services for free. As such, all users will receive the same commercial electronic emails as IntelliSports is not providing users with interest-based adverts, unless any users opts-out from receiving such emails. Should a user of the Basic Subscription Services withdraw his/her consent from receiving such emails, then IntelliSports may suspend or revoke the ability of such user to use its services since advertising plays an essential role in IntelliSports’ business; conversely should a user of Paid Subscription Services withdraws his/her consent, then this user shall be entitled to continue using such Subscription Services provided that all payments due are made.

 

 

 

   13. OTHER WEBSITES

 

While our Website and/or App may include hyperlinks to other websites or online content, you should be aware that these sites operate independently, and are subject to distinct privacy policies and terms & conditions. Likewise, should the Services be available on other websites, then such websites shall not be seen as affiliated or otherwise related to the Services, Website or App. In both cases, it is strongly recommended that you review these terms and policies, as IntelliSports is not responsible for the content or practices of any such websites. We may not be held liable for the contents available on these Other Websites. You browse these other websites at your own risk.

           

 

 

   14. YOUR LEGAL RIGHTS

 

Nothing in these Terms & Conditions, including any limitation of liability, shall be construed as a limitation of your legal rights applicable in your jurisdiction.

 

 

 

   15. CONTACT INFORMATION

 

For any questions respecting these Terms & Conditions, the Services (including the Subscription Services) or the in-App purchases) and any other product, please contact our customer relations team at info@intellisports.net

 

If you have any trouble with your IntelliSports Subscription Services and other services or devices, please contact us through the App in the “Chat Now” section of your account. You may also email us at: info@intellsports.net

 

You understand that these Terms & Conditions are also available in French and you hereby confirm you express consent to use this English version and be bound by its Terms. Vous comprenez que ces Termes et conditions sont aussi disponibles en français et confirmez votre intention expresse d’utiliser la version anglaise et d’être lié par ses termes.

 

 

 

April 7th, 2020

PRIVACY POLICY

 

 

Privacy policy of USE

 

 

INTELLISPORTS INC. (hereinafter "IntelliSports") knows that the protection of your privacy and your personal information is important to you. This Privacy Policy, describes the types of information collected from you through the website www.playfitt.ca (the “Website”), the PlayFitt application (the “App”), the IntelliSports connected devices or otherwise, how it is used, and the disclosure of such information to third parties.

 

 

By using the Website available or the App, you agree to the Terms and Conditions and to this Privacy Policy. Please review the Terms and Conditions and this Privacy Policy carefully. Through your use of the Website and the App, you are deemed to agree to the Terms and Conditions and this Privacy Policy. If you do not agree with the Terms and Conditions or with this Privacy Policy, please do not browse this Website or download and use the App.

 

 

 

The personal information we collect

 

 

            A.        The information disclosed by you

 

 

IntelliSports only collects information you have agreed to provide us with. IntelliSports collects information about you when:

 

  • You purchase products or services through us;

 

  • You create an online account;

 

  • You voluntarily contact us about questions, complaints, inquiries or requests;

 

  • You visit our Website or use the App;

 

  • You sign up to receive our information and promotional communications.

 

The information we collect will generally include your name, your age, mailing address, telephone number, email address and payment information.

 

 

Personal information related to your sports performance is also generated and collected through your IntelliSports connected device.

 

When you use the Website or the App, we may also collect your device’s Internet Protocol address (IP address), your operating system and your web browser. In order to collect this type of information, we may use cookies. “Cookies” are small text files or records that are placed on your device to collect information about your activities on the Website or the App. Temporary cookies include an encrypted unique identifier that remains on your browser until you close your browser software or turn off your device, while persistent cookies include an encrypted unique identifier that remains on your browser after you close your browser software or turn off your device.

 

It is generally possible to erase cookies from your device’s hard drive, block them, or receive a warning before they are stored on your computer, smart phone or tablet. Blocking or deleting cookies will not render the services unusable, but the loss of the information stored in preference, advertising or session state cookies may make your experience less enjoyable, as you be treated as a distinct person and will need to select your preferred settings each time you use the App or Website. However, process cookies, session state cookies and security cookies cannot be blocked as they are essential for ensuring that the accounts and sessions function properly. Even if they cannot be blocked without affecting your ability to use the services, these cookies are of a temporary nature; accordingly they will disappear when browser software are closed or devices are turned off.

 

 

 

            B.        The information obtained from third parties

 

We may sometimes collect information from third parties with or without your consent. We only do so when authorized by law, from third parties who are also authorized by law to disclose such information, or in the following circumstances:

·E-stores: when you download the App via an online store (such as the App Store or the Google Store) some personal information required for the successful download of the App will be received and treated by Apple or Google.

·Google Analytics: Google analytics will collect data about your interactions with our services, Website and App. In order to do so, Google Analytics will place codes, allowing Google Analytics to see which information was consulted, the browser used, device and operating device used. The information collected will then be processed, and will be updated when you interact again with our services, Website and App.

 

How we use the information we collect

 

We use your personal information for a variety of purposes including:

 

  • To deliver the products and services you purchase, for invoicing and to process payment;

  • To allow the creation, maintenance and update of your online account;

  • To contact you and respond to your questions or inquiries;

  • To collect and compile statistics related to your sports performance with connected devices;

  • To connect you with other users of the Website and the App;

  • With your consent, to geolocate you so you can interact with other users of the Website and the App;

  • To customize our Website to your preferences, including as to advertising;

  • To collect and compile statistics of your use of our Website and our App in order to improve our services, our Website andour App;

  • With your consent, to send you electronic communications about our offers, new products and services; if you no longer wish to receive any such communications, you can use the unsubscribe mechanism provided in each of the electronic communications you receive or  contact us as set forth hereunder.

  • To meet our legal and regulatory obligations.

 

 

 

Sharing information

 

We do not sell or rent your personal information to third parties without your consent. However, de-identified information (namely personal information from which an individual’s name or other identifier has been removed, so that the information can no longer be linked to that individual)  about users of the Website, the App or IntelliSports connected devices may be used, sold and shared by us on an aggregated basis for statistical, research or marketing purposes, without restriction as the law does not impose restrictions on the use and disclosure of such information.

 

We may share your personal information with:

 

  • Other users: to the extent that you consent to such disclosure, we will share with other users of the Website and the App your profile information, sports performance statistics and content you upload and provide us with through the Website, the App or any social networking page (for example Facebook, Google+, Instagram, etc.).

 

  • Service providers: we may share your personal information with service providers to perform certain technological or administrative services, on a need-to-know basis. Our service providers include hosting providers, payment services providers, order shipping services, click stream data services for the Website, identification services providers, etc. These service providers are contractually bound by the same privacy requirements that apply to us. You acknowledge that if service providers provide services from other countries, your personal information may be processed and stored in these countries.

 

  • Business partners: we may share your profile information and sports performance statistics with our business partners who offer products and services that complement IntelliSports services, provided that you agree to such disclosure.

 

  • Parties in the context of a business transaction or corporate reorganization: we may share your personal information with these parties only to the extent that this information is necessary and such disclosure will be made in compliance with the law.

 

  • Other third parties when authorized or required by law: we may also share your personal information with other third parties,when authorized or required by law.

 

You acknowledge that our service providers as well as other parties with whom your personal information may be shared may be located in jurisdictions or countries where the privacy laws may allow or require the disclosure of personal information under additional circumstances than those described herein, and accordingly governmental authorities or other entities may be entitled to access personal information in situations that are not contemplated under this privacy policy.

 

 

 

Withdrawal and right to opt-out

 

You may modify your preferences in your user profile in order to withdraw, in whole or in part, your consent to the collection, use or sharing of your information.

 

You may also withdraw your consent at any time by contacting us as set forth hereunder, subject to certain legal and contractual restrictions that may apply.

 

Should you withdraw your consent, your access to the functionalities of the Website and the App may be restricted and we may not be able to provide you with some services.

 

Moreover, if you choose to opt out of receiving promotional offers sent to you by email, IntelliSports reserves the right to prevent you to use any free products and services. The reason for this is that such commercial electronic emails help making it possible for IntelliSports to inform users of the additional features and advantages of subscribing to the paying services and to secure some source of revenues to continue providing its basic online services and products available for free. As such, all users will receive the same commercial electronic emails as IntelliSports is not providing users with interest-based adverts, unless any users opts-out from receiving such emails. Should a user of the free services withdraw its consent from receiving such emails, then IntelliSports may suspend or revoke the ability of such user to use its services since advertising plays an essential role in IntelliSports’ business; conversely should a user of non-gratuitous services withdraws its consent then users shall be entitled to continue using such services provided that all payments due be made.

 

 

 

Users under legal age

 

We do not knowingly collect any personal information from children under the age of thirteen (13) years. For this reason, some features, such as the suggestion of training programs (“active training”), may not be available. If you are the parent of a child under 13 years of age and become aware that your child has provided personal information to IntelliSports, please contact us as set forth hereunder and we will delete the information about your child.

 

 

 

Security and accuracy of your personal information

 

We take, and require our service providers to take, appropriate security measures based on the sensitivity of the information we collect and use. Although we cannot guarantee that there will never be a security problem, these security measures are aimed at protecting your personal information against loss and theft, as well as any unauthorized consultation, disclosure, reproduction, use or modification.

 

Despite the foregoing, you should keep in mind that no support or means including electronic support is completely secure. Cyber-attacks and other incidents may occur. You may also receive undesirable emails and invitations that looks like it is from IntelliSports asking for personal information. In such a case, you must avoid responding to such email, as IntelliSports will never request account password or financial information via emails. If you received or entered personal information in response to a suspicious email, pop-up or phony website claiming to be affiliated with IntelliSports, please call us immediately by any of the means set forth below.

 

Furthermore, you are responsible for choosing a strong password (e.g. by avoiding using consecutive identical characters, and by including number as well as uppercase and lowercase letters) and for maintaining the security and confidentiality of their usernames and passwords.

 

Finally, we take reasonable measures to ensure that the personal information we have collected is accurate and comprehensive. However, you are responsible for notifying us of any change to your personal information for as long as you use our Website and/or App.

 

 

 

Retention of your personal information

 

We retain your personal information only for as long as necessary to achieve the purpose for which it was collected and to comply with legal requirements. To that end, IntelliSports may retain personal information even after an account is deleted if reasonably necessary to comply with the law and prevent any contravention, to resolve disputes and to enforce this Privacy Policy.

 

 

 

Access, correcting and updating your information

 

You may access, correct and update at all times any personal information we collect, use and store about you.

You may change or update your personal information in your user profile by accessing your account through our Website www.playitt.ca and through the App.

 

You may request access to your personal information or request that your personal information be corrected when inaccurate, incomplete or ambiguous by contacting us as set forth below.

 

 

 

Changes to this Privacy Policy

 

We reserve the right to make changes to this Privacy Policy from time to time. You can tell if this Privacy Policy has changed by looking at the effective date appearing in its heading. We will always display such changes on our Website and on the App. Please consult the Privacy Policy regularly to be informed of any such changes. Please note that your continued use of the Website or the App will constitute acceptance of any amendments made to the Privacy Policy. Should you disagree with the amendments made to the Privacy Policy, you must immediately stop accessing or using our products, services and features and delete (or request the deletion of) your personal online account.

 

 

 

Governing Law

 

IntelliSports operates the Website and the App in Canada. Our privacy practices are governed by the laws of Canada which may differ from privacy laws in your jurisdiction. By submitting your personal information to us, you consent to the transfer of your personal information to and within Canada and to any other country, including the United States of America, and its use and disclosure in accordance with Canadian law and with this Privacy Policy.

 

 

 

Contact Us

 

Should you have any questions about this Privacy Policy or wish to withdraw your consent to the collection, use and/or disclosure of your personal information or would like to access and/or correct your personal information, please contact  us at: info@intellisports.net