By accessing and / or using any mobile application designed by LMI (the “App”) you indicate your acceptance of and agree to be bound by:
(3) any other policy developed by LMI from time to time and notified on the App or any part of the App, which is expressly incorporated here by reference.
- "we" or "LMI" means Les Mills International Limited or any Les Mills company subsidiary or authorised distributor (as applicable)
- "you" means you, the person using our services, or visiting the App
- "services" means all goods or services we provide to you, including providing you with access to the App.
- License and App Access
You hereby certify to us that you are at least 13 years old. Use of the App by children under the age of 13 years is strictly prohibited.
- Copyright Complaints
LMI respects the intellectual property of others. If you believe that your work has been copied and has been posted to the App in a way that constitutes copyright infringement, please notify LMI immediately, in writing, and provide the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of the location in the App of the material that you claim has been infringed;
- Your address, telephone number and e-mail address;
- Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. LMI’s Copyright Agent for notice of claims of copyright infringement on the App can be reached as follows:
LMI, PO Box 91137, Auckland Mail Service Centre, New Zealand
Fax: +649 366 9901
Attention: Legal Department
- Trademarks and Service Marks
LES MILLS™, the LES MILLS Arch device, SHAPE YOUR WORLD™, BODYATTACK™, BODYBALANCE™, BODYCOMBAT™, BODYFLOW™, BODYBALANCE™, BODYJAM™, BODYPUMP™, BODYSTEP™, BODYVIVE™, RPM™, CLUBCOUNT™, CXWORX™, GRIT™, LES MILLS GRIT™, SH’BAM™, BORN TO MOVE™, SMARTBAR™, SMARTSTEP™, LES MILLS SMARTSTEP™ and all other LMI trade and service marks and logos, and the LMI products and services described in the App, are either trademarks, service marks or registered trademarks of LMI or its authorised agents, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LMI. For the avoidance of doubt, you may not use any of LMI’s trademarks or service marks in any domain names or in any account name or user ID for any social media site or blog. All page headers, LMI custom graphics, button icons, and scripts are the copyright and / or service marks, trademarks, and/or trade dress of LMI and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LMI. LMI’s trade marks, service marks and trade dress may not be used in any manner that is likely to cause confusion amongst the public or in any manner that disparages or discredits LMI. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LMI.
- Responsibility for Your Conduct.
- Product and Service Descriptions and Pricing
- Communications with LMI
Communications made through the App's email and messaging system shall in no way be deemed to constitute legal notice to LMI or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against LMI or any of its agencies, officers, employees, agents or representatives.
- Third-Party Links
(A) WARRANTY DISCLAIMER: THE APP AND THE MATERIALS CONTAINED IN IT ARE PROVIDED BY LMI ON AN "AS IS" AND "AS AVAILABLE" BASIS. LMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE APP. LMI DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE APP OR THE MATERIALS IN THE APP ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE APP ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. LMI IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE LMI ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE APP IS SAFE, LMI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE APP OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEETS YOUR REQUIREMENTS. YOU EXPRESSLY AGREE THAT USE OF THE APP, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE APP, IS AT YOUR SOLE RISK AND RESPONSIBILITY. ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APP IS AT YOUR SOLE RISK. LMI RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AT ANY TIME AND WITHOUT NOTICE, TO CHANGE ANY AND ALL CONTENT CONTAINED ON THE APP, CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE APP OR TO DENY ACCESS TO THE APP TO ANYONE AT ANYTIME. LMI SHALL HAVE NO LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE APP. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION BY LMI.
(B) USER’S RESPONSIBILITY AND RISK: IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED ON OR THROUGH THE APP OR ON THE INTERNET GENERALLY. THE INTERNET AND WIRELESS DATA SERVICES CONTAIN UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. LMI HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LMI SHALL HAVE NO LIABILITY TO YOU FOR USAGE CHARGES RELATED TO ANY DEVICE THAT YOU USE TO ACCESS THE APP OR UTILISE ANY OF THE FUNCTIONALITY OR SERVICES OFFERED ON THE APP, INCLUDING, WITHOUT LIMITATION, USAGE CHARGES FOR MOBILE TELEPHONES, PALM OS DEVICES, WINDOWS CE DEVICES, CAR NAVIGATION SYSTEMS, PAGERS, SMARTPHONES AND OTHER DEVICES, WHETHER WIRELESS, WIRELINE, REQUIRING CRADLE SYNCHRONIZATION OR OTHERWISE.
- Third Party Rights
The provisions of the paragraphs entitled Product and Service Descriptions and Pricing, Disclaimers, and Indemnity are for the benefit of LMI and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the App. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Enforceability and Admissibility