Terms and Conditions

Terms & Conditions

Terms of Use. Effective date: 14 Dec 2020

These terms of use (“Terms of Use”) are a legal agreement between you and Workout4Cash (hereafter referred to as “Workout4Cash”, “we” or “us” as the context may require) for the use of the Workout4Cash mobile application (“Workout4Cash App”) and any website operated by Workout4Cash (the “Workout4Cash Website(s)”) including, without limitation, https://Workout4Cash.com.

These Terms of Use set out important information regarding your rights and obligations in connection with the Workout4Cash App and Workout4Cash Website(s). Please read them carefully.

By downloading, installing or using the Workout4Cash App or accessing the Workout4Cash Website(s), you agree to these Terms of Use which shall bind you.  If you do not agree with these Terms of Use, do not download, install or use the Workout4Cash App or Workout4Cash Website(s).

Workout4Cash permits you to use the Workout4Cash App and Workout4Cash Website(s) solely in accordance with these Terms of Use. Workout4Cash retains ownership of the Workout4Cash App and Workout4Cash Website(s) at all times.  

These Terms of Use apply to the use of any updates or changes to the Workout4Cash App and Workout4Cash Website(s) that we may issue from time to time. 

  1.            The licences granted to you for the use of the Workout4Cash App and Workout4Cash Website(s)

Workout4Cash grants you a non-exclusive, non-transferable, revocable licence to do the following in accordance with these Terms of Use (the “Licences”):

(i) download, install and use the Workout4Cash App, and any updates to it provided by Workout4Cash from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and 

(ii) access and browse the Workout4Cash Website(s) for your personal use only. 

Workout4Cash may terminate the Licences granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licences shall automatically terminate.  Where any of the Licences are terminated, you agree to immediately cease using and accessing the Workout4Cash Website(s) and Workout4Cash App and to delete any copies of the Workout4Cash App held by you. 

  1.            User age restrictions

The Workout4Cash App and Workout4Cash Website(s) are not intended for use by children or people under the age of 18. If you are under the age of 18 you must not use the Workout4Cash App and Workout4Cash Website(s). If we discover that any such use is taking place we will immediately terminate any relevant user account(s) facilitating such use.

  1.            Rights to the Workout4Cash App, Workout4Cash Website(s) and their content

All intellectual property rights and other rights in or to the Workout4Cash App and Workout4Cash Website(s), and any content of either, made available by or on behalf of Workout4Cash and its licensors, belong to and remain at all times with Workout4Cash and its licensors. Save as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to the Workout4Cash App or Workout4Cash Website(s) or any contents of either. “Workout4Cash” is the trading name of Workout4Cash and we hold registered and unregistered trade mark rights in respect of this name.   

The Workout4Cash App and Workout4Cash Website(s) are licensed and not sold under these Terms of Use. The only rights granted to you in relation to the Workout4Cash App and Workout4Cash Websites(s) under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to the Workout4Cash App or Workout4Cash Website(s) is granted by us.

Where you submit any content whatsoever (“Content”) to the Workout4Cash App or Workout4Cash Website(s), including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to the Workout4Cash App, Workout4Cash Website(s) and our business from time to time. 

We welcome any feedback or suggestions for improvements relating to the Workout4Cash App, Workout4Cash Website(s) and/or any related products and services offered by us from time to time (“Feedback”).  Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.    

Save as expressly permitted by us in these Terms of Use, you must not use the content on the Workout4Cash App or Workout4Cash Website(s) (other than content that is submitted by you to the Workout4Cash App) for any commercial purpose without obtaining written permission from us to do so first.  

  1.            Use of the Workout4Cash App

In order to use the Workout4Cash App, you must create a user account (a “Workout4Cash Account”). You are responsible for all uses of your Workout4Cash Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your Workout4Cash Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your Workout4Cash Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.

Your Workout4Cash Account logs details of all Workout 4 Cash Credits generated by you and any transfers of Workout 4 Cash Credits to or from your Workout4Cash Account. Please review your Workout4Cash Account regularly. If you identify any erroneous transaction or unexpected activity on your Workout4Cash Account, or you believe that the security of your Workout4Cash Account has been compromised, you must let us know as soon as possible.

Different membership levels may apply to the Workout4Cash Accounts of different users and, depending on the membership level you hold, your entitlement to access functionality of the Workout4Cash App or generate Workout 4 Cash Credits may vary.  

When using the Workout4Cash App on your mobile device, you acknowledge and agree that Workout4Cash operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.

The Workout4Cash App stops generating Workout 4 Cash Credits on your mobile device if you do not open the Workout4Cash App for 30 days. Generation of Workout 4 Cash Credits restarts once you next open the app.

  1.            Workout4Cash

Workout4Cash Credits” are units of exchange that users of the Workout4Cash App may generate through verified video workout viewing). Workout4Cash Credits may be used to redeem products, services and other benefits via the Workout4Cash App, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that although Workout4Cash Credits may be redeemed for cash, it is not a guaranteed payout method.

All Workout4Cash Credits are generated by the verified video viewing. We reserve the right to destroy Workout4Cash Credits if we have reason to believe have been created by any other means and to suspend or disable Workout4Cash Accounts used in contravention of these Terms of Use.

We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible time frame of videos within the Workout 4 Cash website. We may cap the maximum amount of Workout4Cash Credits that users of the Workout4Cash App may generate each day using the Workout4Cash App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we choose to apply and we may alter such caps from time to time.

  1.            Acceptable Use

You agree that you shall not:  

(a)        seek to generate Workout4Cash Credits by any means other than by the accepted eligibility criteria specified by Workout4Cash from time to time and, in particular and without limitation, you shall not (i) simulate any such verified viewing using artificial and/or mechanical means, (ii) enlist third parties to generate Workout4Cash Credits on your behalf (for the avoidance of doubt, however, you may receive transfers of Workout4Cash Credits from third parties using the functionality available within the Workout4Cash App); 

(b)        copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the Workout4Cash App or Workout4Cash Website(s) or any content accessible on either, save as otherwise expressly permitted by these Terms of Use or applicable law;

(c)        operate more than one Workout4Cash Account;  

(d)        use the Workout4Cash App or Workout4Cash Website(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Workout4Cash App or Workout4Cash Website(s);

(e)        reproduce, frame, display or mirror the Workout4Cash App or Workout4Cash Website(s) other than as a necessary consequence of their normal operation by you;  

(f)         infringe our intellectual property rights or those of any third party in relation to your use of the Workout4Cash App or Workout4Cash Website(s);

(g)        transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Workout4Cash App or Workout4Cash Website(s);

(h)        use the Workout4Cash App or Workout4Cash Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 

(i)          employ any technology that interferes in any way with the proper operation of the Workout4Cash App or Workout4Cash Website(s), including by blocking any advertising or promotions displayed thereon; or 

(j)          collect or harvest any information or data from the Workout4Cash App or Workout4Cash Website(s) for any commercial purpose, save as otherwise agreed in writing by us.

If we discover any breach of this Section 6 by you, we may immediately suspend or terminate your access to the Workout4Cash App and remove and delete any content from Workout4Cash App or Workout4Cash Website(s) violating this Section 6.  

  1.            Changes and updates to the Workout4Cash App and Workout4Cash Website(s)

Workout4Cash reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the Workout4Cash App and/or Workout4Cash Website(s), and/or (ii) alter the functionality or contents of the Workout4Cash App and/or Workout4Cash Website(s) with or without notice to you.

We may issue updates to the Workout4Cash App from time to time. Depending upon the nature of the update, you may not be able to continue to use the Workout4Cash App until you have downloaded the latest version of the Workout4Cash App.

  1.            Contacting us 

In relation to any matters concerning the Workout4Cash App and Workout4Cash Website(s), including any feedback, questions, complaints or claims, please contact us via live chat or email at info@workout4cash.com

Workout4Cash welcomes any feedback you may have on the Workout4Cash App.

  1.         No warranty

The Workout4Cash App and Workout4Cash Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the Workout4Cash App, Workout4Cash Website(s) or the contents of any of them. Workout4Cash does not warrant or undertake that use and availability of the Workout4Cash App and Workout4Cash Website(s) will be uninterrupted or error-free.  

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE WORKOUT4CASH APP OR WORKOUT4CASH WEBSITE(S).  IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF WORKOUT4CASH IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

  1.         Third Party Content

For your convenience Workout4Cash may include in the Workout4Cash App or Workout4Cash Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that Workout4Cash has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.

The Workout4Cash App and Workout4Cash Website(s) may include content submitted by other users of the Workout4Cash App and Workout4Cash Website(s) (“Third Party Content”).  You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.  

The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

  1.         No Medical Advice

The Workout4Cash App allows you to track and verify your physical movement, generate Workout 4 Cash Credits and use Workout 4 Cash Credits to redeem goods, services and other benefits. THE SERVICES WE PROVIDE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. The Workout4Cash App is not a tool for the diagnosis or prevention of disease. We do not endorse any third party products or services listed on the Workout4Cash Marketplace and, where these relate to your health, you should always take appropriate medical advice before using them. YOUR USE OF THE WORKOUT4CASH MOBILE APP DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND WORKOUT4CASH. 

  1.         Changes and updates to the Terms of Use

We may change or update these Terms of Use from time to time. If we decide to do this we will post such changes or updates on our website http://Workout4Cash and on the Workout4Cash App, so that you are always aware of the terms and conditions for the use of the Workout4Cash App and Workout4Cash Website(s). If we make a significant change to these Terms of Use, we may elect to inform registered users by email, however we do not undertake to do so. Therefore you undertake to review these Terms of Use on the Workout4Cash App or Workout4Cash Website(s) from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use, by continuing to use the Workout4Cash App or any Workout4Cash Website(s) you agree to be bound by such change or update.

From time to time we may make available additional terms or guidance in relation to the usage of Workout4Cash App or Workout4Cash Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Workout4Cash App or any Workout4Cash Website(s).  

  1.         Workout4Cash Marketplace

The Workout4Cash App enables users to offer goods, services and other benefits to other users that may be redeemed in exchange for Workout 4 Cash Credits (such functionality being the “Workout4Cash Marketplace”).  

Where you use the Workout4Cash Marketplace to offer or redeem goods, services or other benefits in exchange for Workout4Cash Credits, any such transaction is entered into directly between you and the legal person making available the relevant goods, services or other benefits to you or redeeming such goods, services or other benefits from you, as applicable. Without limiting the effect of these Terms of Use in any way, transactions taking place on the Workout4Cash Marketplace are subject to the legal terms of the party offering the relevant goods, services or other benefits on the Workout4Cash Marketplace (including as stated in the actual listing), and we and our affiliates are not party to any such transactions save to the extent that we engage in transactions ourselves directly on the Workout4Cash Marketplace.

To the extent that Workout4Cash agrees to administer on your behalf via Workout4Cash’s own account any offer of goods or services or other benefits in exchange for Workout 4 Cash Credits on the Workout4Cash Marketplace, Workout4Cash shall be entitled to retain up to 100% of the Workout 4 Cash Credits received for its own benefit in its absolute discretion.

You agree that Workout4Cash has no responsibility for any goods, services or other benefits offered by you or by any third party on the Workout4Cash Marketplace. You agree that we have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by users, the truth or accuracy of their offers, the ability of users to provide any goods, services or other benefits offered, or that a user will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of the Workout4Cash Marketplace. Our operation of the Workout4Cash Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any user. 

Workout4Cash is entitled to alter the selection of goods services and other benefits on offer, and the number of Workout 4 Cash Credits required to redeem any such goods, services or other benefits offered, on the Workout4Cash Marketplace, as well as to limit the number of possible redemptions of any good, service or other benefit by any user or group of users in its absolute discretion.  Where we wish to do this, we will notify you first and give you the opportunity to de-list the relevant goods, services or other benefits, if you do not agree with the revised number of Workout 4 Cash Credits required.

You represent and warrant to us that any goods, services or other benefits that you offer on the Workout4Cash Marketplace will: (i) conform to the description you provide for them, (ii) comply with all applicable laws and regulations, (iii) be of satisfactory quality, (iv) conform to our acceptable use requirements (stated in Section 6 above), and (v) be delivered in full once a user redeems the relevant goods services or other benefits using the requisite number of Workout 4 Cash Credits in accordance with your stated terms and conditions. 

You agree that we may remove any listing or offer on the Workout4Cash Marketplace at any time in our absolute discretion.  All goods, services or other benefits listed on the Workout4Cash Marketplace are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the user listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via the Workout4Cash marketplace only to specific categories of user or to individually selected users, where we agree in writing or make available the necessary functionality to facilitate this.

You agree that disputes in relation to any goods, services or other benefit redeemed via the Workout4Cash Marketplace shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. While we may elect to help facilitate the resolution of such disputes through programmes that we develop, to the maximum extent permitted by applicable law we accept no liability in connection with any transaction that we have not directly participated in.   

We welcome feedback on Workout4Cash Marketplace participants. In the event that we determine in our absolute discretion that any fraud has occurred or any user has breached these Terms of Use or refused or failed to honour an offer of goods, services or any other benefit it has listed on the Workout4Cash marketplace that has been duly redeemed by another user using the requisite number of Workout 4 Cash Credits and in accordance with any applicable terms and conditions, we reserve the right in our absolute discretion to (i) reallocate Workout 4 Cash Credits between users to reimburse any aggrieved user where we deem this appropriate, and (ii) suspend or terminate the use of the Workout4Cash App by any user(s).

You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on the Workout4Cash Marketplace that we have not participated in. 

We make no representation, warranty or undertaking that the offer, sale, purchase, export, import or use of any goods, services or other benefits offered on the Workout4Cash marketplace is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use or any goods, services or other benefits that you list or redeem using the Workout4Cash Marketplace.

As a form of marketplace curation Workout4Cash may offer an option for the users to report an offer via Workout4Cash app functionality and reserves a right after a review to delist the offer from the Workout4Cash Marketplace.

  1.         Limitation of liability

You acknowledge that the Workout4Cash App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Workout4Cash App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the Workout4Cash App, Workout4Cash Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the Workout4Cash App or Workout4Cash Website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of Workout 4 Cash Credits by us.     

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence up to the maximum aggregate limit specified in the following paragraph. 

  1.         Apple’s requirements

As users of the App Store operated by Apple Inc, we are required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms of Use. 

  1. General

We may assign or transfer our rights and obligations under these Terms of Use to a third party. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent.  Any attempt to do so without our consent will be void.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms of Use and their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use.

___

Attachment 1

App Store Terms

  1.   The Terms of Use are concluded between you and Workout4Cash, and not with Apple Inc (“Apple”). The Workout4Cash App and its contents are the responsibility of us, our licensors and users of the Workout4Cash App (to the extent that such users create, submit or distribute any content via the Workout4Cash App) and not Apple.  
  1.   The licence to use the Workout4Cash App granted under these Terms of Use is a non-transferable license for you to use the Workout4Cash App on an Apple-branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that the Workout4Cash App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.
  1.   You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Workout4Cash App. We do not offer maintenance or support services in connection with the Workout4Cash App.  
  1.   Apple will have no warranty obligation whatsoever with respect to the Workout4Cash App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Workout4Cash App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.  
  1.   We, not Apple, are responsible for addressing any claims by you or any third party relating to the Workout4Cash App or your possession and/or use of the Workout4Cash App, including, but not limited to: (i) product liability claims; (ii) any claim that the Workout4Cash App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  2.   In the event of any third party claim that the Workout4Cash App or your possession or use of the Workout4Cash App infringes that third party’s intellectual property rights, Workout4Cash and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.    
  1.   You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  2.   You must comply with any third party terms that are applicable to the use of the Workout4Cash App from time to time.
  1.   Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

    10. Workout4Cash offers optional in-app purchases in the form of auto-renewing subscriptions. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your App Store account settings after purchase.

“Don’t limit your challenges, challenge your limits.”

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