These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the “Phaze” mobile application and the Phaze Coaching Hub website (collectively, “Services”).
This Agreement is legally binding between you (“User”, “you” or “your”) and Phaze Shift Ltd (doing business as “Phaze”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services.
By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Phaze, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
The Agreement is to be read in conjunction with our Privacy Policy.
You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.
If you create an account in the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account.
You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.
If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data or information (collectively, “Content”) that you submit in the course of using the Services. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.
We may monitor and review the Content submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and process the Content of your user account solely as required for the purpose of providing the Services to you.
Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the licence to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein.
We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Services. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose; or
(j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet.
We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
“Intellectual Property Rights” refers to all current and future rights granted by law, whether statutory, common law, or equitable, concerning any copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to initiate legal action for passing off. It encompasses rights to inventions, rights to use intellectual property, and all other forms of intellectual property rights. These rights may be registered or unregistered and include all applications for such rights and the right to seek priority for these applications.
This definition also covers similar or equivalent rights or forms of protection alongside any other outcomes of intellectual activity that exist now or will exist in the future in any part of the world.
This Agreement does not transfer to you any intellectual property owned by Phaze or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Phaze.
All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Phaze or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties.
Your use of the Services grants you no right or licence to reproduce or otherwise use any of Phaze or third party trademarks.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable.
If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the United Kingdom without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United Kingdom.
The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the United Kingdom, and you hereby submit to the personal jurisdiction of the Courts of England and Wales. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the top of this page. An updated version of this Agreement will be effective immediately on posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to access or use the Services.
If you have any questions, concerns, or complaints regarding this Agreement, please contact us using the details below:
Phaze Shift Ltd,9a Denmark Terrace
Brighton,
Englan
BN1 3AN
https://phaze-app.com/contact-us
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