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
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, 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.
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.
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.
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.
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.
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. 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.
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.
11. 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: firstname.lastname@example.org
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.
12. 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.
13. 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.
14. 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 email@example.com
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: firstname.lastname@example.org
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.
August 30, 2018
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.
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.
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.
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
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.