Terms of Use

Last updated: March 26, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the SkiMax mobile application (the "Service") operated by Just-the-Biz Limited ("us", "we", or "our").

Your access to and use of the Service 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.

Subscriptions

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 annual basis and are managed by Apple’s standard subscription handling process.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Just-the-Biz Limited cancels it. You may cancel your Subscription renewal through your online account management page provided by Apple.

Payments for subscribed features, are performed solely by interactions with Apple, using your itunes account.  Just-the-Biz Limited does not get involved in the collections of payments, and the user must abide by Apple's rules and mechanisms in place to collect payment and repeat payments where necessary.

Fee Changes

Just-the-Biz Limited, 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.

Just-the-Biz Limited will provide you with a reasonable prior notice, again making use of Apple’s own procedures, of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

The SkiMax application is designed to automatically stop providing Subscribed features in the event that you discontinue your subscription.  Any attempt to subvert this mechanism and gain continued use of the Service after the Subscription naturally terminates is strictly forbiden. We reserve the right to immediately terminate any accounts that we determine have been used in this way.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Ski-Group-Names

Whilst not a public facing facility, the SkiMax application allows you to share you information with others that have been granted access to your Ski-Group.  You are free to give yourself a name, which will be displayed to all members of your Ski-Group.

You are responsible for safeguarding any device that you use to run SkiMax to access the Service and for any activities or actions made with your devices while running SkiMax.

When naming Ski-Groups you may not create a Ski-Group or add yourself as a named member where such a name is 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. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.  You should maintain sensitivity at all times to the complete set of individuals with whom you will be sharing data and refrain from using a name that is otherwise offensive, vulgar or obscene to your other group members.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Just-the-Biz Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom 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 Just-the-Biz Limited.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Just-the-Biz Limited.

Just-the-Biz Limited 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 Just-the-Biz Limited 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.

Termination

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 Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Just-the-Biz Limited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your device and SkiMax application, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Just-the-Biz Limited, 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.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service 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.

Just-the-Biz Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service 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.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Just-the-Biz Limited ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Just-the-Biz Limited or any person for whom Just-the-Biz Limited is responsible, and even if Just-the-Biz Limited has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, 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 Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

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 Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy which includes out Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact us.