Labmobil Yazilim Bilisim Internet Hizmetleri A.S., (VAT: 6070371269) (trading as Labmobil) (We, Us, Our or Lotus) recognises the importance of Your privacy and is committed to protecting any Personal Information We collect about You in accordance with the National Privacy Principles.
- what Personal Information about You is collected by Lotus;
- how the information is used;
- with whom the information may be shared;
- how You can access and change any Personal Information Lotus holds about You;
- what security procedures are in place to protect against the loss, misuse or alteration of Your Personal Information by Lotus; and
- how to contact Lotus.
- when visiting the Lotus Website;
- when using the Lotus iPhone Application
- when using Lotus on-line services;
- when entering into an agreement with Lotus for the supply of goods and/or services; and
- when You correspond or communicate with Lotus over the telephone or in any other manner including by letter, facsimile or email.
In addition to collecting Personal Information directly from You, We may also obtain Personal Information about You from third party sources and other third party service providers.
Failure by You to provide Personal Information when requested by Lotus may mean that We are unable to provide certain services and products to You and You will not be able to Register.
What types of information do We collect?
Types of Information
Lotus gathers the following types of information about You:
- Information you provide. If you choose to create an account using email, you provide us your first name, last name, email and a password. If you choose to login using Facebook or Google, you provide us with your first name, last name and email.
- Information from your device. This includes information about your operating system, device identifier, carrier, language, battery performance, wi-fi or other network connections, or other data that you permit the App to access on your device including through permissions on your device.
- Communications with us. If you communicate with us, we collect the information and content you provide to us, including personally identifying information such as your name, email or other contact information.
- HealthKit Data. The app only keeps your health data for your use. To help improve recommendations and track your workout activity, Lotus sends and receives data to and from Apples HealthKit Application. The app syncs user workouts to Apple Health app to save workouts, energy burned, weight and heart rate.
The type of information that Lotus collects about You is dependent on how You use the services offered on Our App, Website and the products and services You are interested in purchasing through Lotus.
Collection of aggregate data
Lotus also collects non-Personal Information in aggregate form to track data such as the total number of visits to Our App or Website, the number of visits to specific areas of Our App or Website and the domain names of Our App users or Website visitors’ Internet service providers.
We use this information, which remains in aggregate form, to understand how Our App or Website visitors use App or Our Website so that We can constantly improve and enhance Our services.
Lotuspe may use independent persons to measure and analyse the internet usage across Our App or Website. These persons collect the following type of information:
- the number of page views that occur on Our Website;
- the number of page views that occur on Our App or Website;
- the number of unique browsers to Our App or Website;
- how long these unique browsers (on average) spend on Our App or Website when they do visit; and
- common entry and exit points of Our App or Websites.
Your Internet Provider (“IP”) address
Lotus’s web servers provide Us with Your IP address. This assists Us in the diagnosis of problems and or support issues with Our services.
Cookies and Applets
Lotus uses ‘cookies’ and may use ‘applets’ in its App or Website systems. These enable You to use certain services on Our App or Website. You can disable cookies and applets via Your computer’s Web browser, but this will restrict access to some web pages and services within the Lotus Website.
How We collect information
Lotus may collect Personal Information about You when You visit Our App or Website, when You use Our on-line services, when You enter into a contract with Lotus, when you Register and when You deal with Lotus over the telephone or correspond with Lotus via facsimile, letter or email or any other mode of communication.
Lotus may also collect Personal Information about You other third party service providers.
How We use Your Personal Information
Lotus may use Your Personal Information for one or more of the following purposes:
- to communicate with You, including via email newsletters;
- to facilitate and process contacts between Yourself and Lotus and/or third parties;
- to identify the number of people using Lotus’s App or Website services and establish the nature of their interests;
- to facilitate Registration;
- to conduct Lotus marketing activities; and
- to provide You with information about Lotus and its services and products.
Disclosure of Personal Information to third parties
Lotus will disclose Your Personal Information to third parties in order to facilitate providing goods and services to You.
Lotus will not use or share health data collected through HealthKit with advertising platforms, data brokers or information resellers. The app only keeps your health data for your use.
When You use any online payment facility on Our App or Website, We will pass Your Personal Information (including financial and credit information) to providers of those payment services and facilities.
You must read and consent to the privacy terms of the online payment or other service provider concerned.
Lotus may also disclose Your Personal Information to third party contractors who perform services for Us including the management and maintenance of Our information systems.
Where Your Personal Information is passed on to third party contractors, Lotus will take reasonable steps to ensure that those individuals and/or organisations are bound by confidentiality and privacy obligations in relation to the protection of Your Personal Information.
Access to and correction of information We hold about You
Upon Your request, Lotus will provide You with access to Your Personal Information unless there is an exception which applies under the National Privacy Principles. If We deny such access, We will tell You why.
Keeping information up-to-date
Lotus strives to ensure that the information We hold about You is accurate, complete and up-to-date at all times.
Storage and security of Your Personal Information
Unfortunately, no data transmission over the internet can be guaranteed to be totally secure.
Whilst Lotus strives to protect such information, We cannot ensure or warrant the security of any information You transmit to Us or obtain from Our online products or services. Accordingly, you use Our Website and provide Personal Information to Us at Your own risk.
Once any Personal Information comes into Our possession, We will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.
Links to other Websites
The Lotus Website contains links to other Websites. Please note that these links are intended for Your convenience and information only.
Links to third party Websites do not constitute endorsement, sponsorship or approval by Lotus of the content, policies or practices of those third party Websites.
If You have any concerns regarding Your privacy when visiting a linked third party, You should ensure that You check the privacy statement/policies of those websites.
Destruction of Your Personal Information
Lotus will take reasonable steps to destroy or de-identify any Personal Information about You once the information is no longer required for the purposes for which it was collected or as authorised or required by law.
Feedback and questions about privacy and the Lotus Website
Lotus welcomes ideas and feedback about all aspects of the Lotus Website and iPhone application. This feedback may be used to administer and refine the services We provide and may be shared with Lotus partners either in aggregate form or with specific identifying characteristics removed.
Email: [email protected]
Meaning of Words
Personal Information means any information or an opinion about you from which your identity is apparent or can reasonably be ascertained.
Register means the act whereby a person provides Personal Information to Lotus, either by email, phone or through the Website or any other means which has the end result that Personal Information is disclosed.
Terms and Conditions of Use
- About the Application
1.1. Welcome to Lotus (the ‘Application’). The Application provides Fitness Training Services (the ‘Services’).
1.2. The Application is operated by Labmobil Yazilim Bilisim Internet Hizmetleri A.S., (VAT: 6070371269). Access to and use of the Application, or any of its associated Products or Services, is provided by Labmobil Yazilim Bilisim Internet Hizmetleri A.S.. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
1.3. Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
- Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI in the user interface.
- Your obligations as a Member
3.1. As part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Apple Health
- First and Last Name
3.2. You warrant that any information you give to Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Application (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process.
3.4. You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Labmobil Yazilim Bilisim Internet Hizmetleri A.S.; or
- you are a person barred from receiving the Services under the laws of Turkey or other countries including the country in which you are resident or from which you use the Services.
3.5. As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI providing the Services;
- you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Labmobil Yazilim Bilisim Internet Hizmetleri A.S.;
- you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI for any illegal or unauthorised use of the Application; and
- you acknowledge and agree that any automated use of the Application or its Services is prohibited.
- Auto-renewable Subscription to use the Services
4.1. In order to access Premium Features of the Services, you must first purchase a auto-renewable subscription through the Application (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’). Where the option is given to you, you may make payment of the Subscription Fee by way of In App Purchase (‘In App Purchase’).
4.2 Monthly, Quarterly and Yearly Subscriptions are available as In App Purchase. In the United States the Monthly Subscription Fee is $9.99/month unless discounted. Prices will vary on location.
4.3. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
4.4. Payment will be charged to your iTunes Account at confirmation of purchase. Your Subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period.
4.5. Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by you, and auto-renewal may be turned off within your Account Settings after purchase.
4.4 Any unused portion of a free trial period, if offered, will be forfeited when you purchase subscription, where applicable.
- Refund Policy
5.1.Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.
- Copyright and Intellectual Property
6.1. The Application, the Services and all of the related products of Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI are subject to copyright. The material on the Application is protected by copyright under the laws of Turkey and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI or its contributors.
6.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Application pursuant to the Terms;
- copy and store the Application and the material contained in the Application in your device’s cache memory; and
- print pages from the Application for your own personal and non-commercial use.
Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI .
6.3. Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
6.4. You may not, without the prior written permission of Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application which are freely available for re-use or are in the public domain.
- General Disclaimer
8.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Turkish Consumer Law (or any liability under them) which by law may not be limited or excluded.
8.2. Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
8.3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI ) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
- costs incurred as a result of you using the Application, the Services or any of the products of Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI ; and
- the Services or operation in respect to links which are provided for your convenience.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI . Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
- Limitation of liability
10.1. Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI ‘s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI , its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI as set out below.
11.2. If you want to terminate the Terms, you may do so by:
- not renewing the Subscription prior to the end of the Subscription Period;
- providing Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI with 7 days’ notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI has made this option available to you.
- the Services or operation in respect to links which are provided for your convenience.
Your notice should be sent, in writing, to Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI via the ‘Contact Us’ link on our homepage
11.3. Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI is required to do so by law;
- the provision of the Services to you by Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI is, in the opinion of Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI , no longer commercially viable.
11.4. Subject to local applicable laws, Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI ‘s name or reputation or violates the rights of those of another party.
12.1. You agree to indemnify Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
- any breach of the Terms.
- Dispute Resolution
13.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
13.2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
13.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Turkey Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Ankara/Turkey.
13.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction
The Services offered by Labmobil Yazilim Bilisim Internet Hizmetleri LTD STI is intended to be viewed by residents of Turkey. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Ankara,Turkey.
- Governing Law
The Terms are governed by the laws of Ankara,Turkey. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Ankara,Turkey, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.