Introduction
GoJoe is a social fitness community with features, information and resources provided through the GoJoe app, GoJoe business manager, website, blog, emails, social media posts and other products and services (‘the GoJoe Platform’).
References to “GoJoe”, “we”, “us” “its” and “our” should be construed as references to GoJoe App Limited.
GoJoe provides you with access to its GoJoe Platform and any other domains, microsites or web pages maintained by or on behalf subject to the following terms and conditions (“Terms of Use”).
Please read these Terms of Use carefully before accessing or using the GoJoe Platform.These Terms of Use are an agreement between you and GoJoe App Limited, a registered company at Level One, Basecamp, 49 Jamaica Street, Liverpool, L1 0AH.
These Terms of Use apply to all users of the GoJoe Platform. You must accept these Terms of Use to create an account and access the GoJoe Platform. By accessing and / or using any part of the GoJoe Platform, you agree to be bound by the following Terms of Use.
Changes to the Terms of Use. We reserve the right to update or otherwise change these Terms of Use at any time without notice. If we do so, we shall post the changes on the appropriate page on the GoJoe Platform and indicate at the top of this page when the Terms of Use were last updated.
You can review the most current Terms of Use at any time on this webpage. Any changes will apply to the use of the GoJoe Platform after the date at the top of this page when the Terms of Use were last updated.
Please review these Terms of Use regularly to ensure that you are aware of such changes. Your continued use of the GoJoe Platform after such changes are posted indicates your agreement to be legally bound by the updated Terms of Use.
Data Privacy.
For information about how we deal with your personal data please see our Privacy notice. By accessing of using the GoJoe Platform, you agree that we can collect and use your information in accordance with the
Privacy Notice.
Use of the GoJoe Platform
By accepting these Terms of Use you accept that you are at least 16 years old. Persons under the age of 16, are not permitted to use the GoJoe Platform unless their parent has consented in accordance with applicable law.If you are under 16, you must first tell your parent or legal guardian that you wish to register on our digital platforms and get their consent.
You must make sure that your parent or legal guardian knows and agrees each time before you:
• email us, or ask us to email anything to you;
• send any information to us;
• enter any competition or game that requires information about you or offers a prize;
• purchase an annual license or one-off Challenge; or
• offer or agree to buy anything online.
You are responsible for your GoJoe account and for all activity that occurs in association with your GoJoe account. GoJoe is not responsible for any loss or damages caused by your failure to maintain confidentiality of your account access requirements.
Equipment
Full use of the GoJoe Platform is dependent upon your use of a computer with adequate software or a supported mobile device and internet access. It is your responsibility to ensure the equipment’s functionality. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.
Your Content on the GoJoe Platform.
The GoJoe Platform enables you to post, upload, store, share, send, or display User Generated Content (UGC) including text, photos, images, videos, data and / or other content including messages and suggestions. By making your UGC available through the GoJoe Platform, excluding any private messages, you hereby acknowledge that such UGC may be visible to other users of the Platform (subject to your privacy settings within the Platform).
Where submitting UGC within a Challenge or Organisation-wide chat group – for example as part of a photo-competition – you acknowledge that such UGC may be reproduced by your employer for the strict purposes of announcing entries into, and/or the winner of, said photo competition for internal purposes only.
For the avoidance of doubt, GoJoe shall not utilise, reproduce or modify any such UGC (other than the hosting and displaying of such UGC within the Platform in the ordinary course of its operation), without the prior explicit consent of the User.
If you do not wish to grant GoJoe the rights set out above, do not submit contributions to the GoJoe Platform.
You are responsible for any UGC. GoJoe reserves the right to remove content from the GoJoe Platform where we reasonably suspect such content uploaded as UGC is inappropriate. Inappropriate content includes, but is not limited to content, which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third-party intellectual property rights.
In your use of the GoJoe Platform you agree not to upload any UGC which could be deemed to be or contain any inappropriate content, be fraudulent, false, misleading, or deceptive and you agree that you will not promote illegal or harmful activities or substances.
You also agree not to upload any UGC or any other information that contains software viruses or is designed to interrupt, destroy, or limit the functionality of the GoJoe Platform and any other equipment or services, or that contains other harmful, disruptive, or destructive files or content.
You agree not to use or attempt to use another user’s account without authorisation or impersonate any person or entity and agree that you will not attempt to gain unauthorised access to the GoJoe Platform or otherwise breach applicable laws for the posting, uploading, emailing or other transmission of any content, the publication, use or possession of which infringes the rights of any person or which is unlawful in any other respect in any manner which could damage, disable, overburden, or impair the GoJoe Platform.
You further agree to not harvest, solicit, or collect information about other users for any reason whatsoever and will not make available personal data about any person other than yourself or to obtain or attempt to obtain any UGC or any other information through any means made available or provided for through the GoJoe Platform, including, without limitation, for sending unsolicited communications or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation for the posting, You also agree to not post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity.
You agree that you will not remove the copyright or trademark notice(s) from any copies of any content made in accordance with these terms or in any way that might bring GoJoe into disrepute.
GoJoe may, but without the obligation to do so, monitor UGC and other communications transmitted via the GoJoe Platform and remove any unlawful or inappropriate content.
GoJoe may at its sole discretion remove, or refuse to display UGC and may prevent you from posting, uploading, storing, sharing, sending, or displaying UGC to and via the GoJoe Platform.
Chat groups
The GoJoe Platform may contain commenting features, message boards, bulletin boards, chat groups or other forums in which users are able to post UGC for viewing by others. GoJoe does not edit or monitor the content of these pages and, subject to what is said below, does not have any knowledge of any of the activities or information carried on in, or contained within, those pages. If you become aware that any UGC on those pages or any activities carried out on those pages, which are offensive, unlawful or infringe any third-party rights in any way, please send an appropriately worded message to GoJoe by email using this address:
[email protected].
Copyright and intellectual property
All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, software, interactive features or any other content, services or materials (and any part of them) (the "Materials") accessible on the GoJoe Platform are protected by copyright, trademarks and other intellectual property rights and are the proprietary materials of GoJoe and/or third parties associated with it and we reserve all rights that are not specifically granted under these Terms of Use.
Except where it is otherwise indicated as acceptable on the GoJoe Platform, you may not reproduce, modify, adapt, post, transmit, copy, make available or distribute or otherwise use any of the Materials on the GoJoe Platform without the prior written permission from either GoJoe or the owner of the relevant intellectual property rights. Any use made of such Materials may be an infringement of rights in those Materials and GoJoe reserves all rights to enforce such rights.
You may read, view, print and (where permitted) listen to and download the contents of an individual page for private and personal non-commercial use only, provided that all copyright, trademark and other proprietary notices contained in the Materials on any copy of these Materials is retained, but you may not make more than one copy electronically or otherwise of any of the contents and you may not recopy or further distribute, sell, publish or transmit any part of the Material by electronic or any other means.
You agree not to sell, resell, supply or otherwise make the content contained on the GoJoe Platform or extracts or other information derived therefrom available in any manner or on any media to any third party without the prior written consent of GoJoe.
Requests for written approval should be emailed to
[email protected]. Please give details of your intended use of the material and include your contact details: - your name, address, telephone number and email.
Hyperlinks
GoJoe encourages users to establish hypertext links to the GoJoe Platform provided that such hypertext link does not portray GoJoe or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time.
Third Party Links
We restrict links made from the GoJoe Platform to other sites to certain associated and supporting organisations.Links to us and from us are provided at our absolute discretion and may be altered, or removed from the GoJoe Platform, by us at any time. Third party links may direct you to third-party websites that are not affiliated with us. GoJoe is not responsible for the contents or reliability of any site to which it is linked and does not necessarily endorse the views expressed within them. Linking to or from this App should not be taken as an endorsement of any kind. We cannot guarantee that links will work all of the time and we have no control over the availability of the linked pages.
Disclaimer
Any information or other materials, including financial wellbeing information provided via GoJoe Platforms are intended for general information purposes only. The GoJoe Platform is provided “as-is” and without warranty of any kind.
GoJoe is not responsible or liable for any information, services, products or content that is obtained via the GoJoe Platform. Further GoJoe is not liable for any direct or indirect losses, fines, compensation, costs, proceedings, deficiencies or damages suffered or incurred as a result of the GoJoe Platform.
Any output does substitute professional medical advice, a diagnosis or a treatment plan or professional financial or well-being advice. Any information found on the GoJoe Platform is not intended to be relied upon and is not a substitute for professional medical or professional financial advice based on your individual condition and circumstances.
Content found in GoJoe Platform, including any content which has been commissioned in good faith, from third parties is for informational and educational purposes only and is not intended to replace the relationship between you and your doctors, other medical providers including nutritionists, financial advisors or other professionals.
As such we do not accept any responsibility for any health, well-being or financial problems that may result from any content on the GoJoe Platform.
If you engage in any physical activity or sports received or learned about through GoJoe Platform, it is at your own risk, and you are voluntarily participating in these activities. You should always take steps to ensure that you are well and capable of taking part in any physical activities or sports found in GoJoe Platform. You should always consult your doctor or medical professional before taking part in any physical activities or sports and when starting a fitness programme or changing your diet, particularly if you have a medical condition or you are not usually physically active.
You should:
(a) not disregard professional medical advice or delay in seeking it because of something on the GoJoe Platform;
(b) consult with your doctor or medical practitioner if you have any medical condition or injury that can possibly worsen with physical activity, sports or other practices before following any training instructions received through the GoJoe Platform;
(c) be aware that not all physical or sports activities described in GoJoe Platform are suitable for everyone;
(d) be aware that when participating in any physical exercise or sport, there is the possibility of physical injury; and
(e) be aware that if you have Type 1 diabetes, high blood pressure or a heart condition or other adverse medical or nutritional conditions you should take advice from a medical practitioner or doctor who should give consent for you to take part in all physical activities.
You are responsible for monitoring your own condition during all physical activity or sports. If you suffer any unusual symptoms, you must stop the activity and seek professional medical advice.
We do not warrant that the operation of the GoJoe Platform will be uninterrupted or error free, that defects will be corrected, or that the GoJoe Platform and any other GoJoe products and services or the server that makes it available are free of viruses or represent the full functionality, accuracy, and reliability of the GoJoe Platform. In no event will we be liable for any loss or damage including, without limitation, loss of profits, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use, or loss of use of, data, arising out of, or in connection with, the use of the GoJoe Platform.
Your access to the GoJoe Platform may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
Indemnification
You agree to indemnify and hold harmless GoJoe or its officers, directors, employees, affiliates, agents, licensors and contractors from and against all claims, actions, demands, disputes, losses, liabilities, costs and expenses reasonably suffered or incurred by us as a result of your access or use of the GoJoe Platform, or breach by you of these Terms of Use or any applicable law.
Limitation of liability
Neither GoJoe, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, licensors nor any other party involved in creating, producing, or delivering content will be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the GoJoe Platform, services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the GoJoe Platform, even if advised of their possibility.
Advertising and sponsorship
The GoJoe Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any content submitted for inclusion on the GoJoe Platform complies with relevant laws and codes. GoJoe will not be responsible for any error or inaccuracy in advertising and sponsorship content.
Competitions and prizes
From time-to-time GoJoe may run or host competitions, free prize draws and promotions on the GoJoe Platform. Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by GoJoe or its partners. It is your responsibility to carefully review those terms and conditions.
Governing Laws
These Terms of Use shall be governed by, and interpreted in accordance with, the laws of England, whose courts shall have exclusive jurisdiction over any dispute, claim or matter arising under or in connection with these Terms of Use.
Termination
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the GoJoe Platform, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove user generated content and other information related to your account. You may close your account at any time by contacting
[email protected]. Upon any termination of these Terms of Use or suspension, termination, or discontinuation of the GoJoe Platform or your account, the following provisions of these Terms will survive: Data Protection, and Governing Laws.
Miscellaneous
These Terms of Use constitute the entire agreement between you and us regarding your use of the App. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy. The section headings in these Terms of Use are for convenience only and will have no legal meaning or effect.
GoJoe shall not be responsible for any breach of these Terms of Use caused by circumstances beyond its control.
Contact Information
If you have any questions about these Terms of Use please contact
[email protected]