TERMS AND CONDITIONS
This Site is owned and operated by Fitbug Limited of 9b Utopia Village, 7 Chalcot Road, London, NW1 8LH, registered in England at 8 Baker Street, London, W1U 3LL under company number 05029624 ("Fitbug"). These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and the purchase of any Products or Services on this Site will be subject to these terms and conditions.
Where you are asked to give information about yourself, it is vital that the information that you give is correct. This is because Services supplied to you may be based on that information.
We do our best to make sure that the information on this web site (and provided through this web site) is correct. However, we cannot guarantee that all of the information is completely accurate. If you have any concerns about any information on this web site you should contact us at memberservies@fitbug.co.uk (including an email or geographical address via which we can contact you).
This web site, and the services available on it, are not intended to be used by anyone under 18.
We do not accept any responsibility or liability for any loss or damage arising from any use of this web site or any services provided via this web site. This will exclude liability for any loss or injury you may suffer as a result of relying on any information on this web site. We do not exclude or limit our liability for death or personal injury caused by our negligence or any other liability which we may not, by law, exclude or limit, and your statutory rights as a consumer are not affected. Subject to all that, any liability we may have to you is limited to £250.
Important information about this site, your health and about our liability
The information on this web site, and the services provided via the Web Site, are intended only to provide you with information. They do not constitute medical advice and are not intended to replace a consultation with an appropriately qualified medical practitioner. It is, in any case, good practice to consult such a medical practitioner before commencing any exercise or diet regime and it is your responsibility to determine that you are fit and well and that the products and services available on this web site are suitable for you.Where you are asked to give information about yourself, it is vital that the information that you give is correct. This is because Services supplied to you may be based on that information.
We do our best to make sure that the information on this web site (and provided through this web site) is correct. However, we cannot guarantee that all of the information is completely accurate. If you have any concerns about any information on this web site you should contact us at memberservies@fitbug.co.uk (including an email or geographical address via which we can contact you).
This web site, and the services available on it, are not intended to be used by anyone under 18.
We do not accept any responsibility or liability for any loss or damage arising from any use of this web site or any services provided via this web site. This will exclude liability for any loss or injury you may suffer as a result of relying on any information on this web site. We do not exclude or limit our liability for death or personal injury caused by our negligence or any other liability which we may not, by law, exclude or limit, and your statutory rights as a consumer are not affected. Subject to all that, any liability we may have to you is limited to £250.
Definitions
In these terms and conditions, the following definitions apply:1.1
"Services" means any information and services ordered and/or provided by Fitbug through or via the Site and all services offered as part of the membership subscription. Any electronic information supplied to you by Fitbug will constitute part of "Service" not a Product and cancellation rights will apply accordingly.
1.2
"Products" means any products offered for sale on the Site.
1.3
"Site" means the web site at the URL www.fitbug.co.uk or WAP site or replacement site(s) from time to time.
PruHealth and Vitality Points
2.1
You have subscribed to purchase Products and Services from Fitbug as part of the Vitality programme operated by your insurer, Prudential Health Ltd (or an affiliated company in that group) ("PruHealth"). This entitles you to receive the standard Fitbug subscription Services and PruHealth will pay your normal monthly charges on your behalf, but this entitlement will only apply as long as you remain a member (under the relevant policy) with PruHealth. You must purchase the members pack yourself and this will also be subsidised by PruHealth. Fitbug reserves the right to discontinue your right to use the Services in the event you cease being a member but may offer you a subscription on its normal payment terms at that time.
2.2
Fitbug is not affiliated with PruHealth in any way, and does not sell, resell or otherwise supply insurance products of any kind.
2.3
The terms of your insurance policy, including PruHealth's Vitality programme, are a matter between you and PruHealth and Fitbug has no liability or responsibility of any kind in relation to that insurance policy or that scheme. These Terms and Conditions form a legally binding contract between you and Fitbug which is totally separate from your insurance policy or any other contract you have with PruHealth.
2.4
As part of the Vitality programme, Fitbug will send to PruHealth details of your use of the Services, as further described in the Fitbug Privacy Policy which forms part of these Terms and Conditions. Any member defined as a child on their PruHealth policy may still be able to use the Services (subject to any Fitbug terms, conditions and disclaimers) but PruHealth may not award Vitality points.
Your subscription
3.1
Your subscription to use the Services applies as long as you are a member with PruHealth (as described above) but your subscription will also cease in the event Fitbug ceases to have an agreement with PruHealth.
Use of this Site Generally
4.1
You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
4.2
The intellectual property rights in all contents of the Site and supplied as part of the Products or Services, and in Fitbug's brands trade marks and logos (" Materials ") are owned by Fitbug or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any Materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. "Fitbug" and "Movement Motivation" are registered trade marks or applications for registered trade marks owned by Fitbug. Other brands, including "Fantasy Footfall" and "Bug Care" are also the property of Fitbug. You must not use any of Fitbug's brands logos or marks without written licence.
4.3
You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Fitbug or any third party.
4.4
Fitbug accepts no obligation to monitor the use of the Site. However, Fitbug reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Fitbug will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
4.5
Fitbug may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
Your Personal Information
5.1
Usage of your personal information is governed by Fitbug`s Privacy Policy, which forms part of these Terms and Conditions. In the event that Fitbug undergoes reorganisation or is sold to a third party, you agree that any personal information Fitbug holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.
Liability
6.1
You are referred to the important statement at the top of these Terms and Conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Fitbug does not enter into conditions, warranties or other terms in relation to the Site or the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
6.2
The Site includes links to external sites and co-branded pages. Fitbug has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Fitbug is not responsible for the content of these site and pages or for anything provided by them.
6.3
Subject to the important liability statement, Fitbug is not liable for failure to comply with these Terms and Conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
6.4
Fitbug shall not be liable for any loss of profits, loss of earnings, or any indirect consequential or special losses even if it was or ought to have been aware of them.
6.5
Fitbug does not exclude any liability which it is not allowed to under applicable law and your statutory rights are not affected.
Password
7.1
As part of the Services offered via this Site, you may be issued with an individual password which may be used to access the Site, Services and those pages whose access is restricted to members only. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
7.2
In the event of any failure or error in the operation of a password, you shall cease using the password and exit the Site immediately, and notify Fitbug of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your membership for whatever reason.
7.3
Fitbug reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Fitbug promptly of any changes to your registration details.
Suspension and termination of Service
8.1
Fitbug may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.
8.2
Fitbug may terminate your right to use the Service immediately in the event you breach any of these Terms and Conditions or if you do not pay any sums due to Fitbug when they are due (including if the credit/debit card you use is not valid or does not work for another reason).
Contract Information
9.1
You may submit orders on this Site, for Services or for Products but no contract will exist in relation to the Services or Products until we have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased. This will be without prejudice to your right to cancel as outlined in these Terms and Conditions and to your statutory rights as a consumer.
Pricing, availability and Product information
10.1
Information displayed on the Site as to pricing and availability is subject to change by Fitbug without notice. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
10.2
While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail if any Products you order turn out to be unavailable.
10.3
In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
10.4
Products will be dispatched to your delivery address by registered post as soon as reasonably possible after acceptance of your order and we will confirm dispatch to you by email. If there are any delivery charges payable by you, they will depend on your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, we will not deliver to any address outside the United Kingdom.
10.5
If you lose or damage your Fitbug pedometer you are entitled to buy a replacement pedometer at a rate arranged by PruHealth which may vary from time to time.
Warranties
11.1
Fitbug warrants that the Services will be supplied with reasonable skill and care. Also, subject to clause 11.2, Fitbug warrants that the Products will operate materially in accordance with their specifications for a period of 12 months from delivery. A refund for the defective Product or replacement of it (at Fitbug's discretion) will be your sole remedy for breach of the warranty in this clause 11.2.
11.2
Fitbug may provide manufacturer's guarantees with specific Products, and these will be set out in manuals with the Products.
Cooling Off Rights
12.1
Services: You may cancel the Services at any time by contacting us by email at info@fitbug.co.uk or by writing to 'After Sales' at the address set out in these terms and conditions.
12.2
Products: After you receive the Products you will have a 7 day "cooling off" period (from receiving the Products) during which you have a right to cancel the order, and return the Products, without charge. You may exercise that right by calling our Customer Services Team on 0870 228 4949 (or such other number stated on the Site or with the Product), notifying us of your cancellation. Following such notice you must return the Products covered by the cancelled order undamaged to ‘Fitbug Returns Dept, C/O MailBIZZ Ltd, 3 Eastern Wood Road , Langage Business Park , Plympton, Plymouth , Devon , PL7 5ET '. Products must be labelled with the Returns label included in your delivery documentation and returned by registered post (or any other method requiring the recipient to sign on delivery) unused and in their original undamaged packaging. You are responsible for the costs of returning the Products and we reserve the right to make a charge not exceeding our direct costs of recovering the Products (which we are entitled to do) in the event that you do not return the Products or you return them at our expense. Following you exercising your right of cancellation we will refund any payments made by you excepting and subject to any costs of returning the Products.
12.3
General: In relation to any software you may purchase on this Site, orders cannot be cancelled once the seal on the software packaging has been opened or the relevant software is downloaded and accepted.
Statutory Rights and Refunds
13.1
The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services should be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.
If you are under 18
14.1
Fitbug does not sell Products to anyone under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-member parts of the Site under adult supervision but you may not become a member or purchase Products from the Site.
General
15.1
Fitbug may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current Terms and Conditions. You should check these each time you revisit the Site. These Terms and Conditions form the entire understanding between you and Fitbug and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Fitbug may delay enforcing its rights under these terms and conditions without losing them. You agree that Fitbug may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
15.2
These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
15.3
If you have any enquiries or complaints (about the Service or someone else's use of the Site) then please address them to: Fitbug Limited, 9b Utopia Village, 7 Chalcot Road, London, NW1 8LH or email info@fitbug.co.uk.
Specific Promotions
16.1
Promotions we run (such as "lose 6 inches") will have terms and conditions attached which you will need to agree to when taking up the promotions. They are in addition to these general terms and conditions.
Enquiries and complaints
17.1
We hope you will enjoy the Products and Services and find them easy to use. However, if you have an enquiry or a complaint you should contact us using the details set out in the "contact us" section of the Site. If your enquiry or complaint relates to your policy with PruHealth, or to the Vitality programme, then you should contact PruHealth using the following contact details:
PruHealth Customer Services
Stirling
FK9 4UE
Copies of PruHealth's complaint handling procedures are also available at this address.
Phone on: 0800 096 6322
PruHealth Customer Services
Stirling
FK9 4UE
Copies of PruHealth's complaint handling procedures are also available at this address.
Phone on: 0800 096 6322
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