1. Who we are and what we do – these are our Terms
1.1 Welcome to Moxiee is a service created by Moxiee Limited (“we“, “us“) provided at http://getmoxiee.com and through our website, web and mobile applications (“Moxiee“).
We provide a communication, motivation and customer relationship management platform for customers, and their employees, agents or assistants, that pay us to use Moxiee (“Coaches“) and their clients (“Clients“).
1.2 By using or accessing Moxiee you agree to be bound by these terms and conditions (“Terms“). These Terms are important and legally binding so please read them carefully. If you don’t agree to them, you should not use Moxiee.
1.3 We aim to make Moxiee a positive and inspiring place for clients, to connect with their Coach and make positive lifestyle changes, and for Coaches to encourage that progress.
Unless we have been specifically contracted to do so, we do not take part in and are not responsible for any content, messages or communications (“Content“) between Coaches and Clients.
The use Moxiee is at your own risk.
1.4 We reserve the right to update and change the Terms from time to time without notice, and add new features to Moxiee that will be subject to these Terms. If you continue to use Moxiee after any changes, you’ll be taken to have agreed to them. You can always find the current version of the Terms on our website – http://getmoxiee.com/terms-and-conditions/
1.5 We may cancel or suspend your account at any time if we consider (in our absolute discretion) that you have breached these Terms.
2. These are your responsibilities – whether you’re a Coach or a Client
2.1 You are responsible for all activity that results from your use of Moxiee. You agree to use Moxiee and interact with other users of Moxiee in good faith.
2.2 You will need to provide certain information in order to complete the signup process to obtain an account. You agree to provide true, accurate and current information about yourself as prompted by Moxiee and to notify us of any changes.
2.3 By creating an account, you confirm that you are over the age of 13 and you agree that you cannot transfer, sell, lease or trade your account without our prior written consent.
2.4 You are responsible for any Content you create through your Moxiee account. We reserve the right to remove any Content which we consider (in our absolute discretion) breaches these Terms. However we are under no obligation to do so.
2.5 You may not use, or assist anyone to use, Moxiee (a) for any unlawful purpose; (b) to post any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person; (c) to communicate anything defamatory, abusive, harmful, obscene, offensive, threatening, objectionable, sexist or racist; or (d) to upload or transmit any virus or malicious code.
2.6 We will take reasonable precautions to keep your account secure and protect it from unauthorised access. You agree to keep your account details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.
2.7 You agree to fully indemnify us, and keep us indemnified, against all forms of liability, actions, proceedings, demands, costs, charges and expenses which we may incur, be subject to or suffer as a result of your use of Moxiee.
3. Clients: we are not responsible for any Coach’s advice
3.1 We take no responsibility for, do not assume any liability for, and expressly do not endorse or share the actions, omissions, opinions or advice of any Coach. We do not endorse and will not investigate any Coach’s qualifications, background, ability or purported identity.
3.2 We recommend you use your judgement when relying on your Coach’s opinion or advice as you would during face-to-face interactions.
3.3. If we have been specifically contracted or requested to help facilitate, support or maintain a Coach’s account, we will do our best to provide useful, helpful and positive encouragement. We are not certified health coaches and do not have the training to be considered nutrition, fitness or psychology experts. We will simply try our best to be positive, encourage Clients to stick with the program designed by their Coach and pass on messages to the Coach that cannot be answered with common sense.
4. Coaches: this section applies specifically to you
4.1 In addition to the rest of these Terms, this section applies specifically to Coaches.
We may charge you for using Moxiee
4.2 You can use Moxiee to provide access to Moxiee to your Clients in order to connect, track progress and communicate with them. We may charge you a monthly subscription fee for the use of this service as set out in the Pricing section of Moxiee‘s website – http://getmoxiee.com/pricing/
4.3 Fees are charged in advance on a monthly basis and are non-refundable. A valid credit card number is required to set up and maintain an account. Your Moxiee subscription will automatically renew each month although the amount may fluctuate depending on the number of clients you have associated with your account. We will charge the credit card you have provided on each renewal date.
4.4 If you are carrying out a free trial of Moxiee, the free trial will begin on the day your Coach account is opened and end a maximum of 14 days later. At the end of the free trial period, you will need to provide a valid credit card number in order to continue to use Moxiee.
4.6 If we change our prices, we will give you 30 days notice via email to the email address you provided to us when registering your account or by posting the new prices on our website.
4.7 All fees are stated in New Zealand dollars.
4.8 New Zealand based customers, we will charge GST
4.9 Customers operating outside of New Zealand will be charged fees, exclusive of all taxes. We do not pay any taxes on your behalf. You are solely liable for any taxes resulting from your use of Moxiee.
Account downgrades and upgrades
4.10 You may downgrade you account type (for example, from paid to free) any time by contacting Moxiee directly. The downgrade will become effective immediately. No refunds will be paid for any unused portion of any higher account offering.
4.11 Downgrading your account type may cause the loss of data, Content, features or capacity of your account. If you choose to downgrade your account, we do not accept any liability for the resulting loss of data, Content, features or capacity.
Cancelling your account
4.12 You may cancel your subscription at any time by sending an email Moxiee. Any cancellation requests will be processed within 7 days of receipt. A cancellation request does not trigger reimbursement of, if appropriate, any time remaining on your subscription.
4.13 If we do not receive your monthly subscription fee on time we will notify you and initially freeze your account. If we do not receive payment within 60 days, we will cancel your account.
You indemnify us
4.14 You warrant and represent that you are acquiring the right to access and use Moxiee and are agreeing to these Terms 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 Moxiee and/or these Terms.
4.15 You agree to fully indemnify us, and keep us indemnified, against all damage, losses, liabilities, fees, compensation, expenditure, costs and expenses arising out of or in connection with any breach of these Terms, your use of Moxiee and for any claims made by your Clients however caused by any act, omission, negligence or advice provided by you or any of your associates, employees, subcontractors, affiliates or representatives.
4.16 If we have been specifically contracted or requested to facilitate the support or maintenance of a Coach’s account, we will do our best to provide useful, helpful and positive encouragement. We are not certified health coaches and do not have the training to be considered nutrition, fitness or psychology experts. You agree to fully indemnify us, and keep us indemnified, against all damage, losses, liabilities, fees, compensation, expenditure, costs and expenses arising out of or in connection with Content you were the original author of and we deliver on your behalf as facilitators and Client supporters.
5. Moxiee might not always be perfect
5.1 Moxiee is provided on an “as is” and “as available” basis, and you use it at your sole risk.
5.2 To the maximum extent permitted by law we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that (a) Moxiee will meet your specific requirements, expectations or be fit for your particular purpose; (b) Moxiee will be uninterrupted, timely, secure, or error-free; or (c) any errors in Moxiee will be corrected.
5.3 We will try to promptly address (during normal business hours) all technical issues that arise in connection with Moxiee, however there may be times when Moxiee is inaccessible.
5.4 From time to time, we may make changes to Moxiee which may add, modify, and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
5.5 You acknowledge that the Internet is inherently insecure. You accept the risk that any information transmitted over the Internet or through email may be intercepted, subject to unauthorised access or fraudulent.
5.6 You agree that we will not be liable for any direct, indirect, incidental, special, or consequential loss (including but not limited to loss of data, profits and anticipated savings) resulting from the use of, or the inability to use, Moxiee. If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to the average fees paid by you to us for two months for any single event or related series of events.
6. We own any intellectual property in Moxiee
6.1 You agree that we own all of the intellectual property rights existing in Moxiee including any improvements, enhancements, modifications or adaptations. You agree not to, and will not permit or encourage any third party to, copy, reproduce, modify, adapt, reverse-engineer or decompile Moxiee in whole or in part.
6.2 You may not publish or use Moxiee‘s brand, branding or logos except with our prior written consent.
7. Cancelling your account
7.1 You can cancel your account at any time by sending an email to Moxiee.
7.2 Moxiee may, in its sole discretion, delete any Content held for a Moxiee account once that account is cancelled for whatever reason. In case you choose to reactivate your account, our policy is to store your Content for a period of no more than 365 days before it is permanently deleted. We will not be able to recover this Content once it has been permanently deleted.
7.3 We are not liable for any loss or damage following, or as a result of, cancellation of your account. It is your responsibility to ensure that any Content or data which you require is backed-up or replicated before cancellation.
8. This is a legal agreement, so some general provisions apply
8.1 These Terms shall be governed by New Zealand law, and all users submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.
8.2 These Terms represent the entire agreement between you and us in relation to the use of Moxiee.
8.3 If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full effect.
8.4 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
8.5 All communication between us and you must be made by email. All email communication is deemed to have been received at the time it is sent (unless the sender receives notice that the email failed to send).
9. Contact us
9.1 If you have any questions about these Terms, the practices of Moxiee or if you would like to give us feedback or notice, you can contact us by email at firstname.lastname@example.org
Post: 2 July 2015