Welcome to I.AM. The I.AM service:
- let’s people find fitness, health and sport service providers close by and more easily by mobile phone application; and
- allows users to have the option to find and connect with other likeminded I.AM users, who can communicate directly about different services available as part of the I.AM Service, or joint together for fitness sessions (the “I.AM Buddy System”)
collectively the “I.AM Service”.
You will be asked to agree to these Terms when registering to use the I.AM Service as a third party provider of personal training, health and sport services to “I.AM Users” (as defined below). This will happen when you create an I.AM login to access online services. Please read and understand these Terms. If you choose to register, these Terms will form an agreement between you and us for the use of the I.AM Service. For convenience, we also use the following defined term: “I.AM User” means a person who completes the account registration process with I.AM in order to search for and contact fitness and sport service providers, like you; “I.AM Buddies means users of the I.AM Service who use and explore the I.AM Buddy System to find and connect with other likeminded I.AM Users (including you, if you choose to join the I.AM Buddy System), who can communicated directly about different services available as part of the I.AM Service or joint together for fitness sessions. “Sign on Fee” means a fee payable by you to us, for using the I.AM Service, as agreed between us from time to time;
If you wish to apply for and use a verified identity or a verified address, you will also need to agree to separate terms as part of the application processes. These separate terms will be displayed to you during those application processes.
These Terms address or refer to the following matters. You may skip to each by clicking on its link below:
- the I.AM Service;
- our commitments to you;
- your commitments to us;
- miscellaneous provisions;
- The I.AM Service
The I.AM Service constitutes a technology platform that enables:
- personal training, health and sport service providers who use the I.AM Service to arrange and schedule personal training, health and sport services with I.AM Users; and
- All users of the I.AM service to
By obtaining a login to use the I.AM login Service, you warrant that you can form a legally binding contract. Whether you can use your login with any particular service provider depends on whether that service provider has integrated with the I.AM Service and permitted you to access its services. You may only use the I.AM login Service with your own login and you must not share your login with others.
During your use of the I.AM Service, you acknowledge and agree that:
- None of the provisions of these Terms shall be deemed to constitute a partnership, agency, or employment arrangement between us and you;
- You must only use the I.AM Service in accordance with these Terms;
- You are solely responsible for supervising, managing and controlling your access to the I.AM Service;
- You shall be responsible for all information provided to us in relation to your use of the I.AM Service;
- All Intellectual Property Rights in the I.AM Service, and any documentation or otherwise relating to the I.AM Service is and will remain the absolute property of I.AM and you will not during or after the termination of these Terms in any way question or dispute such ownership by I.AM. For the avoidance of doubt Intellectual Property Rights means all intellectual and industrial property rights and interests (including common law rights and interests) including, without limitation, all brands, logos, formulae, techniques, specifications, designs, drawings, copyright, patents and trademarks whether registered or not, technical information, licenses or similar user rights in respect of any such rights or interests anywhere in the world;
- You are responsible for obtaining the data network access necessary to use the I.AM Service. I.AM does not guarantee that the I.AM Service, or any portion thereof, will function on any particular hardware or devices. In addition, you acknowledge that the I.AM Service may not be error-free and subject to malfunctions and delays inherent in the use of internet and electronic communications;
- The I.AM Service is used by you as a platform for listing and discovery of your personal training, health and sport services for I.AM Users. We are not party to any agreement between you and I.AM Users and we have no responsibility or liability to you or I.AM Users related to the services you provide I.AM Users through the use of the I.AM Service (including, but not limited to, personal injury) or the fees payable to you by I.AM Users;
- You are responsible for providing I.AM Users with appropriate facility(s) and access to such facility(s) in relation to the services you provide I.AM Users through the use of the I.AM Service;
- Your engagement with I.AM Users arranged or scheduled using the I.AM Service is at your own risk and judgment. We do not provide any warranties (express or implied) in relation to the I.AM Users. We will not participate in disputes between you and I.AM Users. I.AM currently does not conduct criminal background checks with I.AM Users, nor does I.AM inquire into the backgrounds of I.AM users or attempt to verify the statements of I.AM Users;
- I.AM is not liable for any loss or damages whatsoever, whether direct, indirect, general, consequential and / or incidental arising out of your conduct or any I.AM Users in connection with the services you provide I.AM Services;
- From time to time, I.AM Users may team up with one another to engage your services using the I.AM’s Buddy System. For the avoidance of doubt, your responsibilities and obligations set out in these Terms applies to all I.AM Users that engage your services;
- I.AM, at its sole discretion, has the right to suspend or cancel your use of the I.AM Service if, in I.AM’s reasonable opinion, your use of the I.AM Service is or is likely to adversely affect the reputation of I.AM and / or the I.AM Service;
- You shall indemnify us and hold us and our subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable costs, made by any I.AM User or third party due to or arising out of your use of the I.AM Service, breach of these Terms, or the infringement by you (or any other user of your I.AM log-in) of any intellectual property or other right of any person or entity.
I.AM Buddies / I.AM Buddy System
- If you choose to use the I.AM Buddy System, your account profile information will be shared with and available to all other I.AM Buddies using and searching the I.AM Buddy System;
- You are solely responsible for your interactions with other I.AM Buddies. I.AM is not responsible for the conduct of any I.AM Buddies. However, I.AM reserves the right to remove restrict or disable an I.AM Buddies account as a result of any breach of these Terms;
- I.AM currently does not conduct criminal background checks or screenings on I.AM Buddies, nor does I,AM inquire into the backgrounds of all I.AM Buddies or attempt to verify the statements of I.AM Buddies. I.AM makes no representations or warranties as to the conduct of I.AM Buddies or their compatibility with you or other I.AM Buddies. I.AM reserves the right to conduct any criminal background check or other screenings, at any time and using available public records.
- I.AM is not liable for any loss or damages whatsoever, whether direct, indirect, general, consequential and / or incidental arising out of your conduct or any other I.AM Buddies in connection with the use of the I.AM Buddy System, including, without limitation, bodily injury, emotional distress and or any other damages resulting from communications or meetings with other I.AM Buddies or persons you meet through the I.AM Service. In addition, you agree to review and follow I.AM’s Safety Guidelines, located within these Terms, prior to using the I.AM Buddy System.
- I.AM reserves the right to investigate and take appropriate action against any I.AM Buddies who, in I.AM’s sole discretion, posts prohibited ‘user content’ as part of their You can report any abuse by an I.AM user by contacting I.AM directly using the details provided in these Terms.
- Our commitments to you
We will use all reasonable care and skill to:
- provide the I.AM Service;
- keep your information secure from unauthorised access;
- ensure that our I.AM Service is reasonably fit for the purposes described by I.AM; and
- ensure that any information provided by I.AM is up-to-date and correct.
You warrant and represent that you are acquiring the right to access and use the I.AM Service for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the I.AM Service to you. We shall not be liable to you for indirect, incidental, special exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, property damage or any damages, liability or losses incurred by you arising out of: (i) your use of or reliance on the I.AM Service or your inability to access or use the I.AM Service; (ii) any transaction, agreement or relationship between you and any I.AM User.
We will help you
We will help you in your use of the I.AM service. We provide a I.AM Help Desk and online tools to do so. Sometimes a participating service provider will operate a help desk providing I.AM login support for its own customers.
I.AM Help Desk personnel may access your I.AM login information in order to help you. They may also ask you for your username and the answers to your security questions to help you. If I.AM Service personnel are not provided with such information, they may not be able to help you. Please note, however, that I.AM Help Desk personnel will never ask you for your password or PIN and you should not give that information to them. I.AM Help Desk personnel will never ask you about your I.AM verified account information such as your name, date of birth and verified address.
- Your obligations and commitments to us
The purpose of your commitments to us, set out below, is to protect the integrity and security of the I.AM Service, users of the I.AM Service and other people. Please appreciate that, if you do not honour your commitments, representations or obligations under these Terms, without limitation to any other rights of I.AM, I.AM shall have the right to suspend or cancel your access to the I.AM Service.
Representations and warranties
During your use of the I.AM Service (which for the avoidance of doubt, includes providing your services to I.AM Users), you represent and warrant that:
- You are suitably qualified to provide the type of services you are offering to I.AM Users via the I.AM Service;
- You will be suitably registered and hold appropriate and valid certificates (if necessary) in relation to the type of services you are offering to I.AM Users via the I.AM Service. By way of example, if you are a fitness personal trainer, you will be registered with the New Zealand Register of Exercise Professionals;
- You have no prior criminal convictions (whether in New Zealand or elsewhere);
- You will provide a safe facility for I.AM Users while providing your services to I.AM Users, (including, but not limited to) complying with all relevant safety statutory requirements, regulations and standards; and
- You hold a sufficient first aid certificate.
- You are using the I.AM Service as part of your business in relation to fitness, health and sport services.
You understand that in consideration of your use of the I.AM Service you will be obligated to pay us the Sign on Fee.
Payment Terms / Refund Policy
You agree to pay the Sign on Fee in advance by direct debit to us from your designated account beginning on the date that you register to use the I.AM Service. It is a requirement that you provide us with the required direct debit details before you begin using the I.AM Service. You agree to notify us if you change your account details.
Should you or I.AM terminate your use of the I.AM Service in accordance with these Terms, you acknowledge that there will be no refund of any Sign on Fee paid by you in advance.
We acknowledge that your use of the I.AM Service may also result in payments to you from I.AM Users in relation to your services. You acknowledge and accept that we have no responsibility to you and /or the I.AM Users in relation to such payments.
You may not:
- Remove any copyright, trademark or other proprietary notices from any portion of the I.AM Service;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the I.AM Service or unduly burdening or hindering the operation and / or functionally of any aspect of the I.AM Service;
- Attempt to gain unauthorised access to or impair any aspect of the I.AM Service or its related systems or networks;
- Provide User Content (as defined below) that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by I.AM in its sole discretion, whether or not such material may be protected by law;
- Use any information obtained from the I.AM Service to contact, advertise to, solicit, or sell to any other I.AM User without his or her prior explicit consent;
- While you are engaged with us under the Terms and for a period of six (6) months after its termination, you shall not solicit or attempt to solicit, directly or indirectly, any I.AM User to terminate his or her relationship with us in order to provide your services to that I.AM User outside of or separate to the I.AM Service.
I.AM may investigate any take any available action in response to illegal and / or unauthorized use of the I.AM Service.
Information provided by you
From time to time, you will be required and /or choose to provide certain information through the I.AM Service (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to I.AM, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free licence, to use, copy, modify, create derivative works of, distribute, publicly display and publicly perform such User Content in all formats and distribution channels. You also represent and warrant that: (i) all information is relevant and up-to date; (ii) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (iii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; (iv) all of your User Content is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false.
You are solely responsible for your User Content. In this respect, prohibited User Content includes, (but is not limited to) the following:
- Anything that is blatantly offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Anything that harasses or advocates harassment of another person;
- Anything that exploits people in a sexual or violent manner;
- Anything that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- Anything that promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Anything that promotes an illegal or unauthorized copy of another person’s intellectual property;
- Anything that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
- Anything that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- Anything that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Anything that solicits passwords or personal identifying information for commercial or unlawful purposes from other users of the I.AM Service.
Third party advertisements
The I.AM Services may include advertisements by third parties. You agree and acknowledge that I.AM is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence with these third parties shall be solely at your own risk and I.AM shall not be responsible or liable for any loss or damage associated with interactions between you and any third party.
Use of logins
Your login is a valuable and confidential item that authenticates your online. You must, therefore, take good care of your login or PIN you may have created, as well as the security questions you choose when creating a login, and keep them secure.
You agree that you will:
- not knowingly or recklessly use or attempt to use any I.AM Service, login, hardware device or one-time I.AM code for a purpose for which it was not intended, including any unlawful purpose; and
- notify the I.AM Help Desk immediately if you know or have reason to believe that there has been or is about to be fraudulent or other unlawful use of any of your I.AM login, hardware device or code.
Protecting logins, security questions and PIN
You must immediately change your password, security questions, or PIN and notify the I.AM Help Desk if:
- you believe that the security of your password, security questions which you answered, or PIN you created have been compromised; or
- you become aware of any unauthorised use of your username or password.
- not use an email address that is shared with other people (as it is to this email address that your username, temporary password or other information will be sent when you request support for your login, for example when you forget your username or password);
- choose a password or PIN that is a secret known only to you which cannot be easily guessed by anyone else;
- not disclose your password to anyone, including I.AM Service personnel (please note that I.AM Service personnel will never ask you for your password or PIN);
- keep your password and PIN safe from being discovered by others if you write your password or PIN down or store them electronically (unencrypted files on a computer or notes on your monitor are not safe options);
- take care when answering your security questions to ensure you can remember the answers at a later date;
- not tell anyone your answers to the security questions, other than I.AM Service personnel when they require those answers to help you;
- not allow anyone to see your password, any of your answers to the security questions, or PIN or have the opportunity to see them or record them;
- not jailbreak or root your mobile phone as this can enable disclosure of otherwise secure information;
- not use an app other than Google Authenticator to generate I.AM codes as they have not been tested for compatibility or security; and
- keep your I.AM contact details up to date.
Safety Guideline for I.AM Buddy System Users
Your safety is very important to I.AM. I.AM recommends that you read the following Safety Guidelines before using the I.AM Service, in particular the I.AM Buddy System:
- Be careful about sharing personal information, such as your full name, phone number, email and address. We suggest that you leave such information out of your account profile;
- Be aware of any users who: (i) send messages containing links to third-party websites or otherwise; (ii) asks you for money;(iii) asks for your address or any other personal information.
- Please immediately contact I.AM to report any suspicious users who: (i) send harassing or offensive messages; (ii) looks like they are under the age of 18; (iii) appear to have a fraudulent profile; or any other suspicious behavior.
- Take all necessary precautions before meeting any other users of the I.AM Service, in particular, I.AM Buddies and Third Party Providers.
- If you decide to meet other I.AM Buddies or Third Party Providers, meet for the first time in a popular, public place.
Effect of your using your login
In accepting these Terms, you will be taken to understand and agree that we are entitled to rely on:
- the authenticity of your username and password and where applicable any I.AM code;
- your consent to share your identity or your verified email address to access the participating service provider's online service via the I.AM Service; and
- the authenticity of your username to give the I.AM Help Desk instructions on your behalf.
Where the correct username and password have been entered, we and the I.AM Service may act on any instructions given without further enquiry.
For the protection of users, other people or the I.AM service, we may suspend or disable your login with or without notice to you if we consider that:
- suspending or disabling your login is necessary to maintain the integrity or security of our app or website, or I.AM, or other service provider's service or any person; or
- the login is being misused or has otherwise been compromised; or
- you breach these Terms.
Where appropriate, we will notify you of any suspension or disabling of your login as soon as practicable after doing so.
Unlawful access or use
If you knowingly access or use or attempt to access or use the I.AM Service for an unlawful purpose (including but not limited to fraud or attempted fraud or hacking or attempted hacking), you agree that you will be liable to pay any party the amount of the loss caused directly or indirectly to that party by your unlawful actions (any such third party loss being deemed to be our loss). For the avoidance of doubt, this clause is not intended to confer benefits enforceable by third parties under the Contracts (Privacy) Act 1982. You may also be liable to prosecution for criminal offences.
If you have a dispute with us in connection with these Terms or any I.AM Service you must first contact the I.AM Help Desk. Both you and the I.AM Help Desk will use all reasonable efforts in good faith to resolve the dispute. If you and the I.AM Help Desk are unable to resolve the dispute to your satisfaction, you may ask the I.AM Help Desk to escalate the dispute to I.AM management.
We will then promptly contact you and will endeavour to resolve the dispute with you.
- Miscellaneous provisions
You may terminate these Terms at any time provided that you no longer access or use the I.AM Service. You may disable your account profile at any time, by contacting I.AM directly, on the contact details provided in these Terms However, any term by its nature intended to survive termination will survive termination of these Terms.
At any time I.AM may terminate these Terms and your right to use the I.AM Services by giving you notice, as a result of a material breach by you of these Terms, including (but not limited to):
- Any breach of your obligations / responsibilities set out under clauses 1 and 3 of these Terms;
- In the event that you do not show up to a scheduled appointment with I.AM Users on 3 or more occasions (whether consecutively or not);
- Carrying out any illegal, offensive or unsafe activity through the I.AM Service.
Invalidity or unenforceability
If any of these Terms or their application to any person or circumstances is, to any extent, held to be invalid or unenforceable:
- each term shall be valid and enforceable to the extent permitted by law; and
- the invalid or unenforceable term will be deemed to be amended to reflect, as nearly as possible, the original intention (as determined from I.AM and /or I.AM’s website).
Governing law and jurisdiction
These Terms will be governed by and construed in accordance with the laws of New Zealand and You submit to the non-exclusive jurisdiction of the New Zealand Courts.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control.
Last updated: April 2016
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