Fuel My Potential - Terms and Conditions
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://www.fuelmypotential.com website (the “Service”) operated by Fuel My Potential (“us”, “we”, or “our”, “FMP”).
Please read these Terms and Conditions carefully before using the Service.
Fuel My Potential is registered with the New Zealand Companies Office, registration number 7060335.
We thank you for becoming a member of Fuel My Potential. These terms and conditions set out how we deal with your personal information and your activity using Fuel My Potential and its brand extensions.
You agree that you have the authority to enter into this contract on behalf of yourself, your company or your organisation. And you agree:
1. To use FMP in a respectful manner and to treat all other members with courtesy and respect.
2. To comply with the Intellectual Property provisions of the Contract which specify that all Intellectual Property related to the service, even if the author has assisted with its development, belongs to FMP. The author must specifically look for and advise FMP of any infringement (or suspected infringement) of Intellectual Property Rights.
Fuel My Potential agrees:
To maintain the confidentiality of any personal information collected in the course of delivering the service. Permitted uses of the data collected by FMP allow for the sharing of non-identifying type data for specific purposes. E.g. trends, market segments, user groups, total users and any other data segments considered to be beneficial for the betterment of the platform.
Fuel My Potential acknowledges that the author’s IP in material uploaded or input into the Service, including Photographs and videos, remains with the author.
As a user you acknowledge that Intellectual Property (IP) used in Fuel My Potential belongs exclusively to Fuel My Potential. You agree to watch out for any infringement of the Intellectual Property rights of Fuel My Potential and inform Fuel My Potential fully about any that he finds or suspects.
New IP shall belong to Fuel My Potential, including any and all suggestions arising from users in the course of providing feedback to the support or marketing team. Whenever any party creates any New IP in the course of using the products which could be used or sold in Fuel My Potential, that party will provide to the business whatever full specification, description, text or drawings as Fuel My Potential requires; do his utmost to ensure that Fuel My Potential acquires or retains the right to that new IP.
Each of the parties agrees that during the course of using the platform some new IP may emerge and that this IP belongs to Fuel My Potential. The records may be in manuscript, typescript or electronic form and in any format. The records will belong to Fuel My Potential.
Fuel My Potential will treat all personal information collected in the course of delivering this service with complete confidentiality.
Fuel My Potential retains the right to collect information from its users for the purpose of reporting trends and yields occurring in the surf and media industry. The collected information will never include: any identifying information; information that could be deemed to be sharing an individual’s business details or sensitive trade information.
The purpose of collecting data is to share trends and volumes to the industry including the Fuel My Potential customers. These may include: trends (type, volumes, trends, segments); segmentation (averages, totals and segments); user segments; user groups and total users.
Collected information may also help guide best practice within the industry and will inform the refinement process of the Fuel My Potential platform.
While we will do our best to ensure the accuracy of our service, Fuel My Potential cannot guarantee that the platform will be completely error-free, or continuous and cannot be held liable to you or any third-party for damages, including lost profits, lost contracts or other incidental, consequential or special damages, even if you’ve advised Fuel My Potential of them.
If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Fuel My Potential reserves the right to be able to transfer or assign its rights under the Contract in the event of, for example, a sale of its business.
We will from time-to-time ask our users to provide testimonials about their experience with the product. You agree to consider any such request for the purposes of promoting the service to others. This contract stays in place for the duration of your subscription and for 10 years after the subscription ceases.
If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. You have the right to request any information that Fuel My Potential holds about you, and the right to correct any information held.
Please note that under the Electronic Transactions Act 2002 you may opt to accept the terms of this contract digitally to save time (and trees): please reply to the e-mail provided within this contract, stating clearly that you have read and accept the terms of this agreement. Fuel My Potential will keep your digital communications as a legal record of contract acceptance.
Your access to and use of the platform is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
No substitute for medical advice
The services and information offered by Fuel My Potential do not constitute medical advice or a doctor’s advice. Nor are they a substitute for a medical examination or treatment by a doctor. You must seek medical advice if you have any medical condition.
The information and content provided in the Fuel My Potential Free Membership and Academy packages, whilst being created by experienced sports dietitians and nutritionists, is considered general advice and is not tailored to the specific individual. Fuel My Potential offers tailored advice in the Elite Package only and that advice is intended for that specific individual only. Fuel My Potential seeks information from reputable sources however takes no responsibility for any information passed onto third party individuals.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Fuel My Potential cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Fuel My Potential customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Fuel My Potential with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Fuel My Potential to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Fuel My Potential will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free Membership Trial
Fuel My Potential may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Fuel My Potential until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Fuel My Potential reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fuel My Potential, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Fuel My Potential will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Platform after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Platform.
You are responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password, whether your password is with our Platform or a third-party service.
You agree not to disclose your password to any third party. You acknowledge that your personal information in the Fuel My Potential Platform and Performance Hub is viewable by any third party or person accessing your account. Fuel My Potential takes no responsibility or liability for third parties accessing this information when sharing usernames and passwords. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
No guarantees or warranties
Fuel My Potential provides high quality information and content from experienced sports scientists, doctors, and nutritionists in the aim to help you achieve your goals. FMP does not guarantee or provide a warranty that your performance will increase after using our services. Whilst we can assist in many areas to help you achieve your goals, there are too many factors outside of the scope of Fuel My Potential’s services to provide any warranty or guarantee of your performance.
The Platform and its original content, features and functionality are and will remain the exclusive property of Fuel My Potential and its licensors. The Platform is protected by copyright, trademark, and other laws of both the New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fuel My Potential.
Links To Other Web Sites
Our Platform may contain links to third-party web sites or services that are not owned or controlled by Fuel My Potential.
Fuel My Potential has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Fuel My Potential shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform.
Limitation Of Liability
In no event shall Fuel My Potential, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Commercial use of this site
By signing up to a Fuel My Potential membership package you acknowledge you are using the services, information and content for personal use only. You shall not use any of the information, content, or IP of Fuel My Potential for any commercial use without written consent from FMP. Any commercial use, gathering of commercial information or exploiting the services of FMP for commercial gain is strictly not allowed. Fuel My Potential reserves the right to demand that you cease and desist and seek a claim for damages.
Your use of the Platform is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Fuel My Potential its subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform, and supersede and replace any prior agreements we might have between us regarding the Platform.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Platform.
If you have any questions about these Terms, please contact us.
Fuel My Potential