Terms and Conditions
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SITES AND SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITES AND SERVICES IN ANY MANNER.
The following rules and restrictions govern your use of our website(s), products, services and applications (the "Services" or "Sites and Services"). If you have any questions, comments, or concerns regarding these terms or the Sites and Services, please contact us at hello@tdeeme.com
Note that TDEE Me operates and abide by South African law and regulations.
These Terms of Use (the "Terms") are a binding contract between you and TDEE ME ("TDEE Me," "we", and "us"). You must agree to and accept all of the Terms, or you don't have the right to use the Sites and Services. Your using the Sites and Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Sites and Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
Will these Terms ever change?
We are constantly trying to improve our Sites and Services, so these Terms will change along with the Sites and Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by updating the terms on the TDEE Me website, by sending you an email, and/or by some other means.
If you don't agree with the new Terms, you are free to reject them, however it means you will no longer be able to use the Sites and Services. If you use the Sites and Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Do these terms cover privacy?
You can view the current TDEE Me Privacy Policy here.
We do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under 13, please do not attempt to register for the Sites and Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as soon as possible. If you believe that a child under 13 may have provided us personal information, please contact us at hello@tdeeme.com
What are the basics of using TDEE Me?
You may be required to sign up for an account, and select a password and username, or sign in with a third party authentication service. You agree to provide us with accurate, complete, and up-to-date registration information about yourself. You may not select as your username a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are able to form a binding contract, or if not, you've received your parent's or guardian's permission to use the Sites and Services and gotten your parent or guardian to agree to these Terms on your behalf.
If your use of the Sites and Services is prohibited by applicable laws, then you aren't authorized to use the Sites and Services. We can't and won't be responsible for your using the Sites and Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You're responsible for any activity associated with your account.
Your use of the Sites and Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Sites and Services or interact with the Sites and Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including TDEE Me); (b) Violates any law or regulation, including any applicable export control laws; (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) Jeopardizes the security of your TDEE Me account or anyone else's (such as allowing someone else to log in to the Sites and Services as you); (e) Attempts, in any manner, to obtain the password, account, or other security information from any other user; (f) Violates the security of any computer network, or cracks any passwords or security encryption codes; (g) Runs Maillist, Listserv, any form of auto-responder or "spam" on the Sites and Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services; (h) "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Sites and Services or Content; (i) Copies or stores any significant portion of the Content; (j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Sites and Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Sites and Services.
What are my rights in TDEE Me?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Sites and Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including TDEE Me's) rights.
You understand that TDEE Me owns the Sites and Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Sites and Services.
Who is responsible for what I see and do on the Sites and Services?
Any information or content publicly posted or privately transmitted through the Sites and Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
You are responsible for all Content you contribute, in any manner, to the Sites and Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Sites and Services.
Will TDEE Me ever change the Sites and Services?
We're always trying to improve the Sites and Services, so they may change over time. We may suspend or discontinue any part of the Sites and Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Sites and Services.
What if I want to stop using the Sites and Services of TDEE Me?
You're free to do that at any time, by contacting us at hello@tdeeme.com. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. TDEE Me is also free to terminate (or suspend access to) your use of the Sites and Services or your account, for any reason in our discretion, including your breach of these Terms.
What else do I need to know?
Warranty Disclaimer.
Neither TDEE Me nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Sites and Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. THE SITES AND SERVICES AND CONTENT ARE PROVIDED BY TDEE ME (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability.
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the SITES AND SERVICES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL TDEE ME (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. You are encouraged to contact us to report any possible malfunctions or errors by contacting us at hello@tdeeme.com
Indemnity.
To the fullest extent allowed by applicable law, You agree to indemnify and hold TDEE Me, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Sites and Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment.
You may not cede, assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without TDEE Me's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Sites and Services will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
Miscellaneous.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Sites and Services, provided that TDEE Me may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and TDEE Me agree that these Terms are the complete and exclusive statement of the mutual understanding between you and TDEE Me, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.