KIESER KONNECT TERMS OF USE

We are excited that you are or are intending to use our Kieser Training Customer Platform.

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE KEISER TRAINING CUSTOMER PLATFORM KNOWN COLLECTIVELY AS “KIESER KONNECT”.

These Terms constitute a legally binding agreement between you and Kieser governing your use of and access to Kieser Konnect. You acknowledge that this agreement is not with the app store where you downloaded Kieser Konnect (including the App Store and Google Play Store).

When these Terms mention “Kieser,” “we,” “us,” or “our,” it refers to Kieser Training AG and its Australian based affiliates, Kieser Pty Ltd (ACN 167 330 789) and Kieser-Training Pty Ltd (ACN 117 602 230).

Kieser Konnect includes:

  • our mobile, tablet and other smart device applications (including incorporation into wearable technology) and application program interfaces (the Kieser Training App);

  • our website and any subdomains (the Kieser Website) as incorporated into the Kieser Training App; and

  • all associated services provided by Kieser in association with the Kieser Training App (the Kieser Services).

Our Privacy Policy and any other policies, terms, notices and disclaimers published or otherwise provided to you by Kieser are incorporated by reference to these Terms and apply to your use of Kieser Konnect.

ABOUT THESE TERMS

1. Your compliance with the Terms. By using Kieser Konnect, you acknowledge and agree to be bound by the terms, conditions, notices and disclaimers in our Terms.

2. Modification of the Terms. Kieser reserves the right to modify or vary these Terms at any time, including (without limitation), to reflect any changes in the law, technology or our operations and services provided by Kieser Konnect. If we make any changes to these Terms, we shall post the revised Terms on Kieser Konnect and update the “Last Updated” date for your reference (the Revised Terms).

3. Your continued use of Kieser Konnect with the Revised Terms. In the event that the Terms are modified or varied in any way, your continued use of Kieser Konnect constitutes your acceptance of the Revised Terms.

4. If you disagree with the Terms or the Revised Terms. Should you object to these Terms or any Revised Terms, your sole remedy is to immediately cease your use of Kieser Konnect.

5. Kieser may assign its rights. You acknowledge and agree that Kieser may assign or transfer its rights or obligations under these Terms without your consent.

6. Contact Us. If you have any questions about these Terms, please contact us.

KIESER KONNECT

Kieser Konnect allows you to do the following, including (without limitation):

  • manage your personal information such as address, phone numbers, preferred methods of contact and personal hobbies, interests and health issues;
  • create, manage and modify your training appointment times;
  • subscribe to Kieser information and articles relating to health and wellbeing;
  • access your personal training records (including your exercise programs, workout information and record specific data, which may include record times, exercise types, speed and endurance levels, machine weight increments and other variables); and
  • information (including text, graphics, video and audio material) about our physiotherapy services, training equipment, training exercises and the Kieser method on the Kieser Website or provided through our Kieser Services.

ACCOUNT REGISTRATION

To use and access Kieser Konnect, you must first be a registered member of Kieser (Kieser Membership). To enquire about or register for a Kieser Membership, please contact us or visit one of our locations nearest you.

Once you are a Kieser member, you will need to register an online account with us (Kieser Konnect Account) to use and access certain features on Kieser Konnect.

You will not be able to use or access certain features of Kieser Konnect, unless and until you verify your Kieser Konnect Account by email confirmation linked to your Kieser Membership.

You acknowledge and agree that:

  • by registering for a Kieser Konnect Account, all or some of the personal information you have provided to us (including sensitive personal information such as contact information, credit details and medical data) may be link to your Kieser Membership (Your Personal Data);
  • Your Personal Data may be accessible from your Kieser Konnect Account;
  • you should provide accurate, current and complete information on registration of your Kieser Konnect Account;
  • Kieser may de-identify your personal information (including Your Personal Data) so that there is no reasonable likelihood of re-identification of that information (the De-Identified Information). You consent to Kieser using the De-Identified Information for research and data analytical purposes;
  • you must comply with all reasonable requests by Kieser to verify your identify;
  • you may not register more than one (1) Kieser Konnect Account unless Kieser authorises you to do so. You may not assign or otherwise transfer your Kieser Konnect Account to any other person;
  • although Kieser uses all reasonable endeavours and implements safeguards to provide you with a secure platform to protect your information (including Your Personal Data), you are responsible for maintaining the confidentiality and security of your Kieser Konnect Account credentials. You may not disclose your Kieser Konnect Account credentials to any third party;
  • you must immediately notify Kieser if you know or have any reason to suspect that your Kieser Konnect Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your Kieser Konnect Account; and
  • you are liable for any and all activities conducted through your Kieser Konnect Account, with or without your authorisation. To the fullest extent permitted by law, Kieser is not responsible for any loss or damage that results from any unauthorised use of your Kieser Account.

In order to ensure and maintain the integrity of Kieser Konnect, Kieser reserves all its rights, in its sole discretion, to reject or refuse your registration for a Kieser Konnect Account, or otherwise suspend, cancel and deregister any Kieser Konnect Account for any reason whatsoever.

Kieser is not required to provide any reason, explanation or clarification as to the rejection or refusal of any registration, or suspension, cancellation or deregistration of any user.

YOUR RESPONSIBILITIES TO US

In using Kieser Konnect, you promise and represent to us that:

  • you will endeavour to update information and data you provide to us (including Your Personal Data) on a regular basis to ensure your Keiser Membership records and Kieser Konnect Account are up to date;
  • your Kieser Konnect Account credentials (login ID and password) and any other confidential information in relation to your Kieser Membership are kept in a safe and secure location;
  • you are the only person who will use the Kieser Konnect Account to access the Kieser Konnect;
  • you have not and will not knowingly provide your Kieser Konnect Account credentials to any other person;
  • you will notify us if you are, or become aware of, or otherwise have grounds to believe that there is, or has been, an unauthorised use of your Kieser Konnect Account or any other security breach relating to your Kieser Konnect Account or Kieser Membership; and
  • you will comply with all relevant and applicable laws, rules, regulations, standards and codes relating to your use and access to Kieser Konnect.

When using Kieser Konnect, you promise and represent to us that you will not engage in or permit or entice another person to:

  • use Kieser Konnect for any activities or conduct that breaches or is contrary to any laws, rules, standards or codes in force from time to time or otherwise infringes a third party’s rights (including intellectual property rights);
  • make fraudulent or speculative enquires or requests through Kieser Konnect;
  • use another person’s details (including their Personal Information or Kieser Konnect Account credentials) or impersonate another person when using Kieser Konnect;
  • create any Kieser Konnect Account by automated means or under false or fraudulent pretences;
  • post or transmit any obscene, indecent or inflammatory material or any other material that may give rise to civil or criminal proceedings;
  • tamper with or hinder the operation of Kieser Konnect, including doing anything that may disrupt, damage, disable or limit the functionality of Kieser Konnect;
  • knowingly transmit any viruses, worms, defects, Trojan horses or similar disabling or malicious code to Kieser Konnect, or reasonably suspecting that it has or will be done;
  • modify, adopt, translate or reverse engineer any portion of Kieser Konnect;
  • use any robot, spider, data mining, site search and retrieval application or other mechanism to retrieve or index any portion of the Kieser Training Platform;
  • collect, solicit or retrieve (in any way) personal information from or about other Kieser members; and
  • use any component of Kieser Konnect other than in accordance with these Terms.

KIESER KONNECT CONTENT AND INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated to the contrary, all information and data in any form whatsoever (including text, graphics, videos and audio) as it appears on, or incorporated in, Kieser Konnect, including the records, statistics, reports, comments, recommendations, opinions, reviews, blogs, images, pictures, video presentations and audio clips, are owned by or licenced to Kieser (Kieser Intellectual Property).

Kieser Konnect is protected by copyright, trademark, and other intellectual rights as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967 and all other laws.

You acknowledge and agree that Kieser Konnect, including all associated intellectual property rights, are the exclusive property of Kieser and/or its licensors or authorising third parties. Your use and access to Kieser Konnect shall not entitle you to acquire or assert any ownership rights in the Kieser Intellectual Property.

Unless otherwise consented to by Kieser, you must not:

  • copy, reproduce, modify, transmit, post, use, licence or distribute, whether electronically or otherwise, any Kieser Intellectual Property derived from Kieser Konnect;
  • delete or change any ownership notices of any information or data imaged, downloaded or printed from the Kieser Konnect;
  • represent yourself as the owner of, or having an interest in, any of the Kieser Intellectual Property;
  • use the Kieser Intellectual Property in any manner that is contrary to, or conflicts with, or in any way damages the title or interest of Kieser in respect of the Kieser Intellectual Property; and
  • do anything that would cause the Kieser Intellectual Property to be brought into disrepute.

Any non-authorised copies, production, modification, transmissions postage, usage or distribution of any material on or incorporated in Kieser Konnect constitutes a breach of the Kieser Intellectual Property rights and/or a breach of the intellectual property rights of a third party.

Nothing in these Terms is intended to limit your rights in relation to Your Personal Data. All your personally identifiable information (including Your Personal Data) is collected, used and stored by us in accordance with our Privacy Policy.

THIRD PARTY CONTENT

Kieser may, from time to time, link to or partner with any a third party for the provision of other products or services, and make available to you access to a third party’s website and sub-platforms, including social media sites, mobile and tablet apps and other interfaces (Third Parties).

You may be able to link to or connect with the Third Parties through Kieser Konnect, however you acknowledge that:

  • Kieser is not responsible for, does not endorse, monitor or have any control over these Third Parties and the products and services they provide;
  • if you use and rely on any information, products or services from the Third Parties, you do so at your own risk;
  • you are responsible for making your own enquires, conducting your own due diligence and/or obtaining your own advice in relation to any information, products and services of Third Parties;
  • you will be subject to the terms, conditions, policies and disclaimers of the Third Parties;
  • all enquiries, requests or concerns in relation to any information, products or services provided by Third Parties is to be directed to the Third Party; and
  • Kieser makes no representation, statement or warranty, either expressly or implicitly, in relation to the accuracy, timeliness, performance, completeness or suitability of any information, products or services offered by the Third Parties.

DISCLAIMERS

If you choose to use Kieser Konnect, you do so voluntarily and at your own risk.

Kieser Konnect may contain certain features that promote exercise and physical activity. The information published is for your general informational purposes only and is not intended to be used for or to replace you obtaining medical advice from a qualified medical professional.

The information should not be used for any diagnostic or treatment purposes. If you have any queries regarding the information published by Kieser and its applicability to you, you should consult your medical professional.

Except as provided by law, Kieser Konnect is provided to you on an “as is” basis, without warranty of any kind, either express or implied.

Kieser cannot guarantee the continuous and uninterrupted availability and accessibility of Kieser Konnect.

Kieser may restrict the availability of Kieser Konnect or certain areas or features of Kieser Konnect, if this is necessary in view of capacity limits, the security or integrity of our servers or the platform itself, or to carry out maintenance measures that ensure the proper or improved functioning of Kieser Konnect. Kieser may also restrict the availability of Kieser Konnect to improve, enhance and modify Kieser Konnect and introduce new Kieser Services to you from time to time.

LIABILITY

Any limitation on a party's liability under these Terms only operates to the extent permitted by law.

Nothing in these Terms is to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth.) and any State or Territory legislation concerning consumer protection, fair trading or the sale of goods or services) and which by law cannot be excluded, restricted or modified (the Implied Terms).

Kieser’s liability for a breach of any Implied Term of any kind will be limited to the fullest extent allowed for in the relevant legislation.

To the fullest extent permitted by law, you agree to exclude Kieser from any liability for any direct and indirect loss or loss of opportunity, damage, cost or expense, however or wherever incurred, including but not limited to any loss or loss of opportunity, damage, cost or expense that arises from or is otherwise connected with:

  • a breach of these Terms;

  • your use or misuse of Kieser Konnect;

  • your use or misuse of any information and data, including the records, statistics, reports, comments, recommendations, opinions, reviews, blogs, images, pictures, video presentations and audio clips on Kieser Konnect;

  • your inability to register for a Kieser Konnect Account (or your refusal, suspension or cancellation of the Kieser Konnect Account);

  • the use or misuse of your Kieser Konnect Account (by you or through unauthorised use);

  • your inability to use or access Kieser Konnect;

  • any inaccuracies or errors in any information or data, including the records, statistics, reports, comments, recommendations, opinions, reviews, blogs, images, pictures, video presentations and audio clips on Kieser Konnect;

  • the loss or modification of any of your information (including Your Personal Data);

  • any interruption, suspension, delay in operation or transmission of Kieser Konnect, for any reason whatsoever; and

  • any information, products or services of a Third Party.

INDEMNITES

Kieser agrees to release, hold harmless and indemnify you against any claim, damage, loss, liability, cost or expense which Keiser may be liable for in respect of any negligence by it or any breach of its obligations under these Terms.

You agree to release, hold harmless and indemnify Kieser against any claim, damage, loss, liability, cost or expense which you may be liable for in respect of any negligence by it or any breach of its obligations under these Terms.

Unless expressly provided otherwise, each indemnity in these Terms survive the expiry or termination of these Terms.

The maximum amount of any indemnity provided by Kieser to you will be equal to your yearly Keiser Membership fee.

DISPUTE RESOLUTION

Kieser is committed to participating in a consumer-friendly dispute resolution process.

Without limitation to your rights (including in the case of urgent injunctive relief), you agree that all disputes, claims and proceedings arising out of or in connection with your use of Kieser Konnect (the Dispute) shall be resolved with Kieser by informal negotiation directly with Kieser, prior to you resorting to legal action.

You and Kieser agree to cooperate and act in good faith to resolve any Dispute.

You and Kieser agree that you will not disparage or denigrate the other.

You must not make any public statements in relation to a Dispute without the prior written consent of Kieser. You acknowledge the importance of maintaining public confidence in the integrity of Kieser Konnect.

This clause will survive any termination of these Terms and will continue to apply even if you stop using Kieser Konnect, if you cancel your Kieser Konnect Account, or we suspend or cancel your Kieser Konnect Account.

CANCELLATION OR SUSPENSION OF YOUR KIESER ACCOUNT

Kieser may immediately, without notice, cancel or suspend (temporarily or indefinitely) your Kieser Account and your access to Kieser Konnect, if you breach your obligations under these Terms.

If your access to or use of Kieser Konnect has been limited or has been suspended, you may not register a new Keiser Konnect Account or access and use Kieser Konnect through a Kieser Konnect Account of another user.

TERMINATION OF THESE TERMS

If you or we terminate these Terms, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

GENERAL PROVISIONS

1. Variation. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between you and Kieser pertaining to Kieser Konnect, and supersede any and all prior oral or written understandings or agreements between Kieser and you in relation to the access to and use of Kieser Konnect.

2. Severance. If any provision of these Terms is held to be invalid, unenforceable or illegal, it is to be read down if possible, so as to be valid and enforceable, and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provision of these Terms.

3. No Waiver. Kieser’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set out in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

4. Assignment. You may not assign, transfer or delegate these Terms and your rights and obligations under these Terms. You acknowledge that your Kieser Account is personal to you and can not be assigned or transferred.

5. Notices. Unless specified otherwise, any notices or other communications to Kieser members permitted or required under these Terms, will be provided electronically and given by Kieser via email, Kieser Konnect notification, or messaging service (including SMS). The date of sending the notice will be deemed the date on which Kieser transmits the notice.

6. Governing Law and Jurisdiction. These Terms shall be construed in accordance with and shall be governed by the laws in force in the State of Victoria. Each of the Parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of Victoria or the Commonwealth of Australia and any courts of appeal from these courts.

 

Last Updated: 02/11/2018