Terms and Conditions of website and/or applications usage

Welcome to our website and/or applications! In using the BE Intent website and/or applications, you are deemed to have read and agreed to the following terms and conditions.

Your privacy is important to us, rest assured that we will not share your personal information with a third party.

If you are using BE Intent as part of a team, aggregate group data is available, but your own personal identifiable information is protected.

When it comes to sharing personal information you have added to the website and/or applications, you have a choice. If you want to share things like your goals with someone else, such as your team leader or coach, you can choose to- but everything else remains private. If you choose not to share it, then your goal will not be shared.

As your gentle friend, BE Intent advises you to seek the advice of your doctor or health practitioner, before starting any exercises or changing your diet. There’s only one of you, so we need to make sure that you are looked after and protected!

If you are interested in the legal stuff in our T&C’s, keep reading!

Together with our privacy policy, the terms and conditions governs BE Intent's relationship with you, as you work your way through our website and/or applications.

The website (which refers to the website hosted on the beintent.com domain and includes the BE Intent application when opened in an internet browser), along with our desktop and mobile application (inclusively referred to as “applications”), are offered by BE Intent ("BE Intent" or "we" or "us") to you, the user, subject to your acceptance of all the terms and conditions set forth below ("Terms of Use"). The terms "you" and "Clients" refers to all individuals and entities accessing this website, and/or applications.

The terms “Party”, “Parties”, or “Us”, refers to both Clients and ourselves, or either the Client or ourselves. All the terms refer to the offer, acceptance and consideration of payment, necessary in order for BE Intent to provide our services and website and/ or applications to the Client, in the most appropriate manner, whether for a fixed or continuous duration, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing New Zealand Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

At BE Intent we respect your privacy and are committed to protecting it. BE Intent believes that you should be informed about how we collect, use and disclose your personal information. We constantly review our systems and data to ensure the best possible service to our Clients. Please read our ("Privacy Policy") before using the website and/or applications.

Confidentiality

Any personal identifiable information you provide us is confidential and protected, and therefore will not be divulged to any third party, unless legally required to do so, to the appropriate authorities. Clients have the right to request sight of, and copies of any and all your own client records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

BE Intent will not store any credit card information in any means or ways, in order to protect your privacy.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

MODIFICATIONS TO THE TERMS OF USE

We may make changes to the Terms of Use from time to time, in our sole discretion. BE Intent reserves the right to post any such changes from time to time, if deemed appropriate on the website and/or applications, along with a notice on the website and/or applications that such changes have been made. Your continued use of the website and/or applications, following the posting of such changes, constitutes your acceptance of any such changes. If you do not agree with this Terms of Use, or any revised versions thereof, you may not use the website and/or applications.

Disclaimer

1. Precautions

Information found on this website and/or applications is meant to support and not replace the relationship with your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition, and BE Intent requires that you consult with your physician before following any training instructions you receive through the website and/or applications or participating in any event announced on the website and/or applications. Not all exercises or activities described on the website and/or applications are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury, severe injury, and/or death. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. The website and/or applications should not be used by people who have Type 1 diabetes or other adverse medical or nutritional conditions. By using the website and/or applications, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises outlined on the website and/or applications. BE Intent is not responsible for any health problems that may result from training programs, products, or events you learn about or adopt through the website and/or applications. By engaging in any exercise program or adopting any dietary advice you have received through the website and/or application, you are representing that you have agreed to do so at your own risk, and are voluntarily participating in these activities.

2. Exclusions and Limitations

The information on the website and/or applications are provided on an "as is" basis. To the fullest extent permitted by law, BE Intent:

excludes all representations and warranties relating to this website and/or applications and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

excludes all liability for damages arising out of or in connection with your use of this website and/or applications. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected. BE Intent complies with all statutory requirements of the New Zealand Consumers Guarantees Act 1993.

3. Information on the website and/or applications

We try to provide helpful and accurate information on the website and/or applications, but we cannot verify, endorse or vouch for the information, services or recommendations available through the website and/or applications. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the website and/or applications.

4. Content and warranty disclaimer

The website and/or applications are provided by BE Intent and its affiliates. Neither BE Intent nor its partners, suppliers, or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the website and/or applications, its contents, or any information made available by or through the website.

In addition, BE Intent and its partners disclaim all warranties with respect to the website, express or implied, including but not limited to the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. Furthermore, BE Intent does not warrant that use of the website and/or applications will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that the website and/or applications is free or viruses or other potentially harmful components.

5. Limitation of liability

In no event will BE Intent be liable for direct, indirect, incidental, punitive or consequential damages (including and without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the website and/or applications, whether or not such damages are based on warranty, contract, tort, or any other legal theory and whether or not BE Intent has been advised of the possibility of such damages.

The aggregate liability of BE Intent, arising from or relating to the website and/or applications (regardless of the form of action or claim, eg: contract, warranty, tort, strict liability, negligence, or any other legal theory) is limited to $100.00. BE Intent’s affiliates, providers and partners have no liability whatsoever arising from the website and/or applications.

Client-generated content

You hereby grant to BE Intent a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify and otherwise use any text, photographs, intents or other data you submit to the website and/or applications (collectively referred to as "User Generated Content"). User Generated Content includes, but is not limited to, content posted on message board posts, Intents (including Intent content submitted by clients), Inspired quotes, Resources & Tool submissions, Success Stories, and user comments. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; and (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Further, if you distribute or display User Generated Content from your posts on message boards, BE Intents blogs available to third parties, you represent that such User Generated Content will not: (a) be intentionally misleading or fraudulent; (b) violate any third party's rights of publicity or privacy; or (c) be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content. BE Intent is excluded from any liability arising out of or in connection with your use, distribution and consumption of User Generated Content.

BE Intent acknowledges that your personal entries in your Journals and Professional Conversations are your Intellectual Property. All such information is protected and will not be viewed BE Intent, unless express permission from the owner of such information is first sought.

Payment

BE Intent is only accepting payment from all major credit cards, and only in New Zealand currency. Your credit card provider may charge you a foreign exchange conversion fee. BE Intent reserves the right to change the pricing of our services and/ or websites and/or applications at any time deemed suitable by us. Payment is automatically deducted from your credit card on a period set by BE Intent, for a minimum duration predetermined by BE Intent. If any changes to pricing, minimum duration of payment and payment period are made, BE Intent will notify you through email and our website and/or applications. You will receive access to the website and/or applications upon the receipt of first payment for a period in advance. Upon the cessation of payment to BE Intent, you will cease to have access to the website and/or applications. Payments are received in advance of a predetermined period. BE Intent does not provide any reimbursement of a payment paid in advance, upon the Client’s cancellation of their subscription.

BE Intent has reserved the right to cancel or stop the Client’s access to the website and/or applications on the first available date, if an automatic payment for a predetermined period in advance is not received. Billing cycles start from the date you activated your account.

The payment for each predetermined period is inclusive of GST at a rate set in compliance with the Goods and Services Tax Act 1985.

Clients who buy multiple licenses for the BE Intent websites and/or applications will not be billed in advance. In this situation, the client will receive an invoice at the end of a predetermined period, which will cover a retrospective period of use. By signing up for the BE Intent website and/or applications, clients who purchase multiple licenses unconditionally accept these terms and conditions, and their duty to fulfil the payment.

Cancellation Policy

Minimum of 1 week’s notice of cancellation required. Notification for instance, in person, via email, phone call, or any other means will be accepted, subject to confirmation in writing. BE Intent will not reimburse you for any partial billing cycles, upon cancellation of your subscription.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, such as in the midst of a partial billing cycle shall not be refunded.

REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password.

Log Files

We use IP addresses to analyse trends, administer the site, track user activity, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Ownership of the website and/or applications

Including the User Generated Content, the website, desktop application and mobile application and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, is owned by BE Intent or its licensors. You acknowledge that the website and applications and any underlying technology used in connection with the website and applications contain BE Intent's intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the website and/or applications, except as necessary to view the content on the website and/or applications and create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the website and/or applications are not expressly granted by BE Intent to you and are retained by BE Intent.

EMAIL RULES

In order to access the website and/or applications, Clients must provide a valid email address. BE Intent agrees not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website and/or applications.

Copyrighted materials

Except for the User Generated Content, the website, desktop application and mobile application and all contents thereof, are copyrighted materials belonging to BE Intent. Unauthorised duplication, copying, or infringement of BE Intent’s copyrighted materials which may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, will result in the offending party being liable for such violations. If you feel that any content on the website and/or applications infringes your copyrights or other intellectual property rights, please contact us.

Client indemnification of content

You agree to indemnify and hold BE Intent and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from any and all losses, liabilities, damages and costs arising from any claims related to: (a) your use of the website and/or applications, including any User Generated Content you post, store, reproduce, display, or distribute via the website and/or applications; (b) your violation of the Terms of Use; and (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the website and/or applications.

Client conduct

If we determine that any client is not using the website and/or applications responsibly we have the right (but not the obligation) to remove, edit, block, or delete such client's transmissions, User Generated Content, or use of the website and/or applications. We also have the right (but not the obligation) to suspend or terminate your access to and use of BE Intent blogs or other parts of the website and/or applications, or delete information you have posted to the website and/or applications, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates Terms and Conditions of social media platforms and BE Intent blogs, (c) is offensive to other clients, (d) violates the rights of BE Intent or third parties, or (e) could cause BE Intent liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all User Generated Content and other information related to Your Page or BE Intent blogs. If BE Intent suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

BE Intent will act in accordance to New Zealand legislation governing the use of the website and/or applications, in doing so, BE Intent reserves the right to ban, cancel and/or block clients who are abusive, offensive and/or causing harm to others clients using the website and/or applications and/or BE Intent’s contribution to social media platforms.

Changes to the website and/or applications

BE Intent may change or discontinue, temporarily or permanently, any feature or component of the website and/or applications at any time without further notice. You agree that BE Intent shall not be liable to you or to any third party for any modification, suspension, lack of access to website and/or applications.

Third party websites

The website and/or applications may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our website and/or applications does not imply approval or endorsement of the linked website by us. If you decide to leave our website and/or applications and access these third party websites, you do so at your own risk. BE Intent suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that BE Intent has no liability for any damage or loss of any type that is a result of your use of a third party website.

General

The laws of New Zealand govern these terms and conditions. By accessing this website and using our services/buying a subscription to access the website and/or applications, you consent to these terms and conditions and to the exclusive jurisdiction of the New Zealand courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

If you would like to request additional information regarding these Terms of Use, please contact us.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or BE Intent services indicates your understanding, agreement to and acceptance of, the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

© BE Intent 2014 All Rights Reserved