Terms

Terms of use

These Terms of Use are effective on 1 January 2018.

Welcome! We’ve detailed some basic Terms of Use below – they’re all very self-explanatory but please ensure you read them thoroughly before using this Kaizen Technologies (Kaizen) product. These terms and conditions are relevant to our app and our website, and the corresponding content, services, applications and functionality.

You will be required to complete a one-time registration upon downloading the App in order to be able to use the complete spectrum of App’s products and services. Certain content, including general descriptions of the App, are for viewing without registration.

Although some of our trainers are qualified personal trainers, some are not – they just want to share their fitness secrets with you in a non-professional capacity. In any instance, please ensure to always consult a doctor before subscribing or interacting with any Training Guide or Workout on the App. All of our services (provided by Kaizen) are not a substitute or an alternative for information provided by a doctor. If any exercise within the App causes you pain or discomfort, please stop immediately and consult a doctor. Kaizen products cannot guarantee any weight loss, fitness improvements, health benefit or fitness result to the users of the Apps.

With the confirmation of these General Terms and Conditions, you confirm that you are solely responsible for your state of health.

1. Validity of the General Terms and Condition

Kaizen offers all services and content (both via the website and interactive mobile app on the basis of these General Terms and Conditions. By registering, the user consents to the validity of Kaizen’s General Terms and Conditions.

Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these General Terms and Conditions.

We’re still new and always seeking to provide the best possible experience for our users. Therefore, there may be times when we offer a new or special feature that has its own terms and conditions that apply in addition to these Terms of Use. In the case of any conflict with the existing terms of use, we’ll make sure to communicate any additional terms and conditions with you. At any time, the most up to date version of the General Terms and Conditions will be available for viewing on the Kaizen’s website (www.kaizenapp.co/terms).

2. Subject of the Agreement/Registration/Termination

Kaizen operates an online platform (“website“ or “web platform”) as well as mobile applications (“Apps“) aiming to offer services and information/content in the field of exercise, fitness, nutrition and health to its users. Subject to the user’s consent, relevant data is transmitted from the App to the Kaizen Website and shared on other social networks (e.g., Facebook, Instagram, Twitter etc.), respectively.

The Apps and all associated services are only available to users of iPhones and Android devices. All content is available for free to registered users for a specified period of time which users will be required to pay a subscription to access paid content.

In order to be able to use the Kaizen’s products, a one-time, free registration is required. This registration can be undertaken either on the website or via smartphone. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Kaizen App. Minors may only register with Kaizen App subject to the explicit consent of their parents or legal guardians. A written consent shall be sent by email to info@kaizenapp.co – it is not the responsibility of the Kaizen to verify the ages of its users.

All registered users are offered a free trial, after which certain content within the app will be inaccessible until a subscription is purchased. The subscription fees vary between in-app and online purchasing. The applicable subscription fees vary from app to app but typically are as follows:

In-app

  • 12 month subscription at £64.99
  • 6 month subscription at £44.99
  • 1 month subscription at £9.99

The aforementioned fees are binding. Payments for the entire subscription term shall be due immediately upon invoicing. Payment can be made using the available online payment systems. If Kaizen is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs.

If you have a Paid Subscription, your payment to Kaizen will automatically renew at the end of the subscription period for the same period length, unless you cancel your Paid Subscription through your account settings before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. From this point, you will be unable to access any content within the Kaizen.

Kaizen may change the price for the Paid Subscriptions from time to time and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Kaizen Service after the price change takes effect, you accept the new price.

Kaizen reserves the right to cancel a membership for any reason that is either in breach of these general terms and conditions or for any other important reason without notice.

3. Privacy Policy

Please see the separate Privacy Policy available on www.fitwithstef.com/privacy-policy/

4. Disclaimer of Warranties

The Website is provided “as is”. Kaizen and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kaizen nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website or apps at your own discretion and risk. The use of any software or hardware offered by Kaizen is no substitute for the consultation by the user of a specialised doctor.

5. Limitation of Liability

In no event will Kaizen, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (I) any special, incidental or consequential damages; (II) the cost of procurement or substitute products or services; (III) for interruption of use or loss or corruption of data; or (IV) for any amounts that exceed the fees paid by you to Kaizen under this agreement. Kaizen shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. In the event of slight negligence, Kaizen shall not be liable to other businesses and shall be liable to consumers only for personal damages Kaizen shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.

6. Medical Agreement

The fitness, nutrition, and related information and recommendations provided by Kaizen, are for educational purposes only and are not intended as substitutes for medical advice from your health care provider. Kaizen is not a medical organisation. We encourage and advise you to seek professional medical advice before beginning any fitness or nutrition effort or program. Do not start a diet or fitness routine with us if your health care provider advises against it. We cannot provide you with medical advice or diagnosis. Nothing that you may read on this site or that is otherwise provided to you by our ourselves, our staff or our trainers should be construed as such advice or diagnosis. Such information is not a substitute for physician consultation, evaluation, or treatment. This website and the associated app is intended for use only by healthy adult individuals.

In becoming a member with the intent of using this Service, you affirm that either;

(A) all of the following statements are true:

(I) no doctor or physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;

(II) you have never felt chest pain, dizziness or loss of consciousness when engaging in physical activity;

(III) you have not experienced chest pain, dizziness or loss of consciousness when not engaged in physical activity at any time within the past month;

(IV) you do not have a bone or joint problem that could be made worse by a change in your physical activity;

(V) your doctor or physician is not currently prescribing drugs for your blood pressure or any heart condition;

(VI) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and

(VIII) you do not know of any other reason you should not exercise not listed within these general terms and conditions;

or (B) your physician has specifically approved of your use of Kaizen.

Additionally, if you are a woman with the intention of using the Kaizen or any content provided on the Kaizen web platform, you affirm that either:

(A) you are not pregnant, breastfeeding, lactating or suffering from any other postnatal injury or the like; or

(B) your doctor or physician has specifically approved your use of Kaizen.

Kaizen reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions. It is not the responsibility of the Kaizen or our trainers to assess the physical or mental state of any member of the Kaizen community – such termination will only be initiated if a report is made that brings any concerns to our attention. This can be done by e-mailing info@kaizenapp.co.

You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the service will reflect the most recent findings or developments with respect to the particular content. You are encouraged to consult with your health care provider or physician in regard to any questions or concerns you may have regarding any health condition – advice should not be taken from Kaizen – using any such advice is at your own risk.

7. Copyright and Rights of Use

The content provided by Kaizen is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.

8. Changes

Kaizen reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this agreement constitutes acceptance of those changes. Kaizen may also, in the future, offer new services and/or features through the App/Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

9. Indemnification

You agree to indemnify and hold harmless Kaizen, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the website, including but not limited to your violation of this Agreement.

10. Applicable Law

These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the website(s) and apps or with any purchases on the websites and apps shall be governed by UK law subject only to the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.

Place of delivery and exclusive court of jurisdiction shall be London, United Kingdom.