Welcome to this website which is owned, operated and provided to You by Fitbug Limited (registered number 05029624) of Suite 5, First Floor, 5 Rochester Mews, London, NW1 9JB, United Kingdom, ("Fitbug"). Fitbug’s UK VAT number is 843850612.
These terms (the "Terms of Service") in conjunction with our Privacy & Cookies Policy govern Your access to and use of www.fitbug.com, www.Kiqplan.com and all other websites and web pages related or linked thereto, any other websites owned or operated by Fitbug, including, without limitation, the Fitbug and Kiqplan pages on Facebook and Twitter (collectively, the “Websites”), the provision of services by Fitbug through the Websites (the “Services”) including the Kiqplan program (the “Program”), the Kiqplan mobile application (the “App”), (the Program, the App, and the www.Kiqplan.com being collectively referred to as “Kiqplan”) and the sale and purchase of products and services on or through the App and/or the Websites (the “Products”) and Your access to and use of the App’s and Websites’ content, including their text, layout, images and graphics and the selection and arrangement thereof (collectively, “the Content”) available on or through the Websites.
The words “User,” “You” and “Your” as used in these Terms of Service refer to users of the Websites and other persons who access the Websites, the App or who procure Services or Products through the Websites and/or the App.
Please review the following disclosures and terms that govern Your use of the Websites, the App, the Services and the purchase and use of Products.
BY USING, ACCESSING OR BROWSING THE WEBSITES THE SERVICES, THE PROGRAM, KIQPLAN AND/OR ANY OTHER PRODUCTS (together the “Range”), YOU AGREE, ACKNOWLEDGE AND REPRESENT THAT:
YOU ARE AT LEAST 18 YEARS OLD AND HAVE READ AND UNDERSTAND ALL OF THESE TERMS OF SERVICE;
YOU HAVE CONSULTED A QUALIFIED MEDICAL ADVISER OR HEALTHCARE PROVIDER TO ENSURE THAT KIQPLAN AND ANY KIQPLAN PROGRAM YOU HAVE SELECTED IS APPROPRIATE FOR YOU;
YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE WITHOUT CHANGE;
THESE TERMS OF SERVICE ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND FITBUG;
YOU WILL NOT USE THE WEBSITES OR KIQPLAN FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF SERVICE; and
IF ACCESSING, BROWSING OR USING THE WEBSITES ON BEHALF OF AN ENTITY OR THIRD PARTY, YOU HAVE FULL AUTHORITY TO BIND SUCH ENTITY OR THIRD PARTY TO ALL OF THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE AND ACCEPT OR ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, THE ACKNOWLEDGEMENT AND REPRESENTATIONS SET FORTH ABOVE, THEN DO NOT BROWSE OR USE THE WEBSITES OR KIQPLAN, AND, MOREOVER, FITBUG DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENCE TO ACCESS, BROWSE OR USE THE WEBSITES OR KIQPLAN WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT.
OTHER THAN THESE TERMS OF SERVICE, FITBUG WILL NOT ENTER INTO ANY AGREEMENT WITH YOU OR HAVE ANY OBLIGATION TO YOU THROUGH THE WEBSITES OR KIQPLAN AND NO ATTEMPT TO CREATE SUCH AN AGREEMENT WILL BE EFFECTIVE.
IMPORTANT LIABILITY STATEMENT
Fitbug is not a physician, licensed medical advisor or provider of medical advice and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. None of the information contained on or provided through the Websites or Kiqplan and any feedback on any health questionnaires should be construed as medical and/or health advice. Always seek the advice of Your physician or other qualified healthcare provider for answers to any questions You may have regarding a medical or health related condition. Neither Kiqplan, the Content or any other information contained on the Websites, or provided through Kiqplan nor any other Services or Products offered by or through Fitbug is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something You have read on the Websites or through Kiqplan. Nothing in the Range is or is intended to be a substitute for professional medical advice, diagnosis, or treatment.
The exercise and nutritional programs provided within the Range are demanding and increase in intensity during the course of these programs. No exercise or fitness program is without inherent risk of injury. The use of Kiqplan and other Services and Products requires a high level of responsibility and self-awareness in order to avoid injury. Before using Kiqplan or any other part of the Range and before making changes to Your existing exercise or nutritional program, it is Your responsibility to determine, through consulting with a physician or other qualified healthcare provider that You are sufficiently fit and well to use Kiqplan or such other Services of Products. You are responsible for your own safety. Do not use Kiqplan or other Services or Products if You are not willing to accept this responsibility.
If, while using Kiqplan or other Services or Products, you become nauseous, experience shortness of breath, dizziness, heart palpitations or light headedness, immediately stop the activity you are engaging in and contact your physician, medical advisor or other qualified healthcare provider.
ACCURACY OF INFORMATION: It is also vital that You supply us with correct information about Yourself. The suitability of some of the Services on the Websites and Kiqplan are based on that information, and Fitbug cannot be liable for any incorrect information supplied by You to us. In order to continue to provide You with an appropriate and high quality of service, it is important that You regularly update the health information that You give to us. If You do not do this, the Program that you selected may become unsuitable for You.
NUTRITIONAL ADVICE: Fitbug provides nutritional information as to specific foods (e.g. calorie values) based upon information that food suppliers and retailers give to it. Fitbug relies upon this information in providing nutritional advice but cannot verify the accuracy of the information itself and cannot be liable for any inaccuracies caused by inaccurate information provided by food suppliers and retailers.
STEP EQUIVALENTS: Fitbug may provide estimate step equivalents for non-step exercise regimes such as swimming, cycling and running. These calculations are designed to be approximations only, as different types of exercise may affect different people in different ways.
WARRANTY: Fitbug tries to make sure that all information that it posts on the Websites and provides to You as part of Kiqplan or any other Services or Products is correct and will use reasonable care and skill in providing such information to You. Fitbug will not be liable to You for any error or omission and, to the fullest extent allowable by applicable law, excludes all liability for any action You may take or loss or injury You may suffer (direct or indirect, including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on the Websites or provided as part of Kiqplan (including any articles or information provided by third parties, in whatever form, through Kiqplan or any other Services or Products supplied by us to You).
UK LAW: In the UK Fitbug is not allowed to exclude or limit its liability for: (i) death or personal injury caused by its negligence; (ii) its fraud; (iii) its Products being of satisfactory quality and fit for purpose; (iv) its using reasonable care and skill in providing its Services, or (vi) for any other liability which may not, by applicable law, be excluded or limited and, if You are resident in the UK or in receipt of any of our Products or Services in the UK we do not do so and Your statutory rights as a consumer are not affected.
LOYALTY SCHEMES AND REWARDS PROGRAMMES: Where You are a member of a loyalty scheme or rewards programme operated by one of Fitbug’s partners, and You are able to earn points through your use of the Websites, the operation of that scheme or programme, and the award and redemption of points, will be solely the responsibility of that partner, and not Fitbug. Any questions or complaints that you may have about that scheme or programme, including your membership of it, should be directed to the relevant partner, and not Fitbug.
1.1 The Websites and Kiqplan, including the Content, are and remain the sole property of Fitbug or its third-party providers, as applicable. Except as expressly permitted by Fitbug in writing, You agree that Your license to access, browse and/or use the Websites and Kiqplan, including the Content, is limited solely to a personal, revocable, nonexclusive, non-transferable licence to (i) access, view the Websites, procure Products and Services and use Kiqplan and the Content, and (ii) copy, download and store Products and Services and the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Products and Services and Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.
1.2 Except as expressly permitted by Fitbug in these Terms of Service or otherwise in writing, You will not copy, store, reproduce, modify, adapt, translate, publish, distribute, transmit, download, upload, post, sell, rent, licence, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Websites, the Products, the Services, Kiqplan or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the marks and/or names “Fitbug”, "Movement Motivation", “Fantasy Footfall" and "Bug Care" or “Kiqplan” or any other colorable equivalent without the prior written authorization of Fitbug.
2 Use of the Range Generally
2.1 You may use the Websites and Kiqplan for personal and lawful use and in accordance with these Terms of Service but You may not copy or use any material from the Websites or Kiqplan for any commercial purpose including the selling of any goods or services.
2.2 Without limiting anything else contained in these Terms of Service, You agree and acknowledge that:
(a) The Websites, Kiqplan, the Content, Submissions (as defined in clause 4.1), databases used to store the Websites, Kiqplan, the Content and Submissions or other information provided by users of Kiqplan and any Products and Services (such databases collectively, the “Databases”) and any other information contained therein are valuable intellectual property owned by or licenced to Fitbug, and that no proprietary rights therein are transferred to You by these Terms of Service;
(b) You will not, directly or indirectly use the Websites, Kiqplan or any of the Content, Submissions, Databases and any other information contained therein (i) for any purposes other than Your personal, non-commercial use; (ii) to establish independent data files or otherwise amass statistical information thereof or therefrom; or (iii) in violation of any applicable laws or regulations;
(c) You will not, directly or indirectly:
i Publish or distribute in any medium the Websites, Kiqplan or the Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
ii Attempt to access or access any other Fitbug or Kiqplan user’s account;
iii Attempt to obtain or ascertain or obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
iv Attempt to elude or elude the Websites’ or Kiqplan’s security systems;
v Attempt to gain access or gain access to the Websites or Kiqplan or the Content, Submissions, Databases or any other information contained therein in a fraudulent manner;
vi Use the Websites or Kiqplan for any purposes other than those intended by Fitbug, as determined by Fitbug in its sole discretion; or
vii Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
(d) You specifically acknowledge and agree that any and all misappropriation or misuse of the Websites, Kiqplan, any of the Content, Submissions, Databases and any other information contained therein will cause irreparable harm to Fitbug and that in such event money damages will not constitute sufficient compensation to Fitbug; consequently, in the event that You, directly or indirectly, misappropriate or misuse of the Websites, Kiqplan, any of the Content, Submissions, Databases and any other information contained therein, You specifically consent to Fitbug obtaining injunctive relief against You in addition to any other legal or financial remedies to which Fitbug may be entitled.
2.3 Fitbug reserves the right to change, modify and/or discontinue the Websites, Kiqplan and/or any of the Content at any time, for any reason and without notice, and to terminate Your password and account or otherwise exclude You from the Websites and Kiqplan should it believe You to be in violation of these Terms of Service.
2.4 You should refresh Your browser each time You visit the Websites and install all updates to Kiqplan to ensure that You download the most up to date version of the Websites and Kiqplan.
3.1 By purchasing a subscription (“Subscription”) to Kiqplan or any other Products or Services, You will be able to use additional functions and features. All fees and taxes You pay in connection with Your Subscription are non-refundable. If you believe You purchased a particular Subscription in error, contact Fitbug at https://customercare.fitbug.com before You activate Your Subscription so that Your Subscription can be changed to the one You intended to purchase. Once a Subscription is activated, no changes can be made to it.
3.2 In order use or otherwise access the App, you must have a mobile device and wireless plan that is compatible with the App. Fitbug does not warrant that the App will be compatible with Your mobile device and/or wireless plan. By using the App, You may incur standard messaging, data and other rates and fees from Your wireless carrier. Fitbug shall not be responsible for wireless charges and fees that You incur from Your wireless carrier.
4.1 You acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than information given in connection with registration) to Fitbug through the Websites or through Kiqplan (individually and collectively, “Submissions”), You (i) grant Fitbug a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant Fitbug the right to pursue at law any person or entity that violates Your and/or Fitbug’s rights in Your Submissions; and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information.
4.2 Except as described in Fitbug’s Privacy & Cookies Policy, Fitbug will not be required to treat any Submissions as confidential, and You acknowledge and agree that Fitbug may use in connection with its business any of the concepts and ideas contained in Your Submissions (including without limitation, product or advertising ideas) without compensation to You and Fitbug will not incur any liability to You as a result of any similarities between concepts and ideas contained in Your Submission and future Fitbug operations and business. Except as otherwise set forth in these Terms of Service, Fitbug will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to You or any other person.
4.3 Your Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to the Privacy & Cookies Policy. You are responsible for the content of Your Submissions and agree to defend (at Fitbug’s option) and at Your sole expense, indemnify and hold Fitbug harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Fitbug may incur as a result of Your Submissions.
4.4 With respect to Your Submissions, You acknowledge, warrant and agree that:
(a) Your Submissions will be true and accurate, are the original work of Your authorship, that You are not employed or otherwise being compensated by the provider of the products or services (if any) that Your Submissions relates to and that You are not impersonating any other person;
(b) You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products or services (if any) to which Your Submission relates; and
(c) Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.
4.5 Fitbug retains the right to review and delete from the Websites and Kiqplan any Submissions which Fitbug in its sole discretion considers illegal, offensive, obscene, abusive, commercial in nature, infringing, inappropriate or otherwise violates these Terms of Service. If notified of an allegation that any Submissions contain infringing information, materials or other content, Fitbug may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Websites or Kiqplan. Notices to Fitbug regarding any alleged copyright infringement should be sent to Fitbug at Fitbug Limited of Suite 5, First Floor, 5 Rochester Mews, London, NW1 9JB, United Kingdom.
5 Site Monitoring
5.1 Fitbug may monitor or review any areas on the Websites or Kiqplan where users transmit or post Submissions or communicate solely with each other (“Communication”) and any third party advertising posted on the Websites and Kiqplan (“Advertising”) for the purpose of promoting its efficiency, usefulness, appropriateness of use and compliance with these Terms of Service. However, Fitbug does not undertake to monitor or review all or any Submissions, Communications or Advertising and Fitbug disclaims any liability related to the content of any such Submissions, Communications or Advertising, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. Fitbug does not endorse, support, sanction, encourage, verify, or necessarily agree with any Submissions, Communications or Advertising. Any Submissions, Communications, Advertising or other information or material placed on the Websites or Kiqplan by users or other third parties, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of Fitbug.
5.2 Subject to the terms of its Privacy & Cookies Policy which is incorporated and made part of these Terms of Service, Fitbug may disclose to third parties any Submissions and Communications, records, other electronic communications, information, materials or other content of any kind if Fitbug believes in good faith that (i) the law or legal process requires it; (ii) such disclosure is necessary or appropriate to operate any of the Websites or Kiqplan or provide any Products or Services; or (iii) it is necessary to protect Fitbug’s rights and property or the rights and property of Fitbug’s users and business partners.
6 Your Personal Information
6.1 Usage of Your personal information is governed by Fitbug's Privacy & Cookies Policy, which forms part of these Terms of Service. In the event that Fitbug undergoes reorganization or is sold to a third party, You agree that any personal information Fitbug holds about You may be transferred to that reorganized entity or third party and used in accordance with the Privacy & Cookies Policy.
6.2 Fitbug's Privacy & Cookies Policy sets out how Your personal data may be shared with third parties, including operators of loyalty schemes/rewards programs under which You may collect points relating to third party products and services available through the Websites or Kiqplan.
7 Limitation of Liability
7.1 SUBJECT TO CLAUSE 7.3, THE WEBSITES, KIQPLAN, THE CONTENT AND ALL OTHER PRODUCTS AND SERVICES PROVIDED BY FITBUG ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FITBUG, ITS PARENTS, RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE "FITBUG BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE WEBSITES, KIQPLAN OR ANY OTHER PRODUCTS OR SERVICES FOR ANY PURPOSE. THE FITBUG BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
7.2 TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER FITBUG NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE WEBSITES, KIQPLAN, THE CONTENT AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY FITBUG, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITES, KIQPLAN, THE CONTENT AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY FITBUG OR FOR ANY DAMAGE TO YOUR MOBILE TELEPHONE, TABLET, COMPUTER OR OTHER ELECTRONIC DEVICE OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITES, KIQPLAN, THE CONTENT AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY FITBUG. YOUR USE OF THE WEBSITES, KIQPLAN, THE CONTENT AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY FITBUG ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE FITBUG BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITES, KIQPLAN, THE CONTENT AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY FITBUG, THE DELAY OR INABILITY TO USE THE WEBSITES, KIQPLAN, THE CONTENT AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY FITBUG OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITES, KIQPLAN, THE CONTENT AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY FITBUG WHETHER BASED ON CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE.
7.3 SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU ARE A RESIDENT OF SUCH A STATE OR JURISDICTION AND THE ABOVE EXCLUSION DOES NOT APPLY TO YOU IN FULL, IT WILL APPLY TO THE LIMIT THAT THE LAWS OF THE RELEVANT STATE AND/OR JURISDICTION WILL ALLOW.
7.4 THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE FITBUG BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE FITBUG BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED ON THE WEBSITES, KIQPLAN, OR SET OUT IN THE CONTENT OR ANY OTHER PRODUCTS AND SERVICES PROVIDED BY FITBUG IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITES OR KIQPLAN WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
7.5 TO THE EXTENT PERMITTED BY LAW, THE FITBUG BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
7.6 FITBUG’S PERFORMANCE OF THESE TERMS OF SERVICE ARE SUBJECT TO ALL EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THESE TERMS OF SERVICE ARE IN DEROGATION OF FITBUG’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITES, KIQPLAN, THE CONTENT AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY FITBUG AND INFORMATION PROVIDED TO OR GATHERED BY FITBUG WITH RESPECT TO SUCH USE.
7.7 YOU ACKNOWLEDGE AND AGREE THAT, OUR MAXIMUM POTENTIAL LIABILITY TO YOU WITH RESPECT TO OUR PROVISION OF THE WEBSITES, KIQPLAN, THE CONTENT AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY FITBUG IN ANY YEAR IS LIMITED TO THE AMOUNT OF CHARGES PAID BY YOU TO US IN THAT YEAR.
7.8 FITBUG IS NOT LIABLE FOR ITS FAILURE TO COMPLY WITH THESE TERMS OF SERVICE DUE TO ANY EVENT BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, THE INPUT OF INCORRECT INFORMATION BY YOU.
8 Links And Third Party Content And Products
8.2 There may be circumstances where access to the Websites or Kiqplan is provided by a hypertext link located at another website. Fitbug has no responsibility for the content of such other website, Fitbug does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that Fitbug shall not be liable for any damages resulting or arising from the content of or access to such other website. Fitbug does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Websites or Kiqplan. Unless approved in writing in advance by Fitbug, You agree not to: (i) provide or create a link to the Websites or Kiqplan; or (ii) create any frames at any other sites pertaining to any of the Content located at the Websites or Kiqplan. You also agree not to post any materials on the Websites except to the extent permitted by these Terms of Service.
8.3 You may order products, merchandise or services through the Websites and Kiqplan from parties other than Fitbug ("Third Party Products"). Fitbug will make clear at the point of purchase if You are purchasing a Third Party Product. All matters concerning Third Party Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are to be resolved solely between You and the party supplying the Third Party Products. Fitbug provides no warranties or representations whatsoever with regard to any Third Party Product. Fitbug will not be considered or be construed as a party to such transactions, regardless as to whether Fitbug may have received some form of revenue or other remuneration in connection with such transactions. Fitbug will not be liable for any costs or damages arising out of, either directly or indirectly to, You or any third party with respect to third party transactions or goods or services provided or obtained in connection with those transactions. The relevant returns policy of the third party providing the Third Party Product will be set out in an email confirmation of Your purchase together with details of Your statutory rights.
9 Registration and Account Creation
9.1 Fitbug may at times require that You register and/or set up an account to use the whole or certain portions of the Websites or Kiqplan or to access Products or Services. In order to do so, You may be provided, or required to choose, a password, user ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by You is accurate and up-to-date. If any of Your Registration Information changes, You must update it by editing Your Registration profile on the Websites or Kiqplan. You may not sub-licence, transfer, sell or assign Your Registration Information and/or these Terms of Service to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of these Terms of Service.
10.1 As part of the Websites and Kiqplan, You may be provided with an individual password which may be used to access the Websites and Kiqplan, Services and those pages whose access is restricted to registered users only. You will use the password only for such access and not for any other purpose. You will keep Your password confidential at all times, and will not disclose the password or permit anyone else to use Your password. Any breach of any of these Terms of Service 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 of Service.
10.2 In the event of any failure or error in the operation of a password, You shall cease using the password and exit the Websites and Kiqplan 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.
10.3 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.
11 Suspension and termination of Service
11.1 Fitbug may suspend the operation of the Websites, Kiqplan and any of the Services and Products or any component thereof for repair or maintenance work or in order to update or upgrade the Content, the Websites, Kiqplan, the Services or the Products or the format or functionality of any of the foregoing from time to time. Access to or use of the Websites, Kiqplan and the Content linked to them will be not necessarily be uninterrupted or error free.
11.2 Fitbug may terminate Your access to the Websites, Kiqplan and any of the Services or Products immediately in the event You breach any of these Terms of Service or if You are late in paying or do not pay any sums due (including if the credit/debit card account You use is not valid or does not work for another reason).
12.1 Fitbug has extensive security measures in place to protect against the loss, misuse and alteration of information stored in the Databases. Fitbug will exercise reasonable care in providing secure transmission of information between Your computer and its servers but, given that no information transmitted over the Internet can be guaranteed 100% secure, Fitbug cannot ensure or warrant the security of any information transmitted to it over the Internet and hence accepts no liability for any unintentional disclosure.
13 Contract Information
13.1 You may submit orders on the Websites and Kiqplan for Services or Products but no contract will exist in relation to such Services or Products until Fitbug (or one of its fulfillment partners) 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. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to You when You are able to access the confirmatory email. This is without prejudice to Your right to cancel as outlined in these Terms of Service and to Your statutory rights as a consumer.
14 Pricing, availability and shipping Information of Products
14.1 Information displayed on the Websites and Kiqplan as to pricing and availability is subject to change by Fitbug without notice. Payment for the Products will be made via the Websites or Kiqplan in accordance with the procedure explained on the Websites or Kiqplan.
14.2 While Fitbug aims to be accurate, any availability information or shipping estimates on the Websites in relation to Products are approximate. As Fitbug processes Your order or pre-order (as the case may be), Fitbug will inform You by e-mail if any Products You order turn out to be unavailable.
14.3 Despite Fitbug’s reasonable efforts, it is possible that a Product or Service may be mispriced on the Websites. Fitbug does, however, confirm prices as part of its shipping procedures. Where the actual price is lower than that stated on the Websites, Fitubg will charge the lower amount and send You the Product. If, however, the actual price is higher than that stated on the Websites, Fitbug will, at its discretion, either contact You for instructions before shipping or cancel Your order and notify You of such cancellation.
14.4 Products will be shipped by Fitbug (or one of our fulfillment partners) to Your delivery address as soon as reasonably possible after acceptance of Your order and Fitbug will, wherever possible, confirm shipment to You by email. Please allow 7-10 working days for delivery. Delivery charges will be made in accordance with Your location and You will be informed of the relevant charge on the Websites before You confirm Your order.
14.5 Certain Products are designed to operate in conjunction with Your mobile device (such as a smartphone or tablet). Where this is the case, it is Your responsibility to ensure You have a compatible device. Details of compatible devices are as set out on the Websites and Kiqplan, and are subject to change from time to time.
14.6 If Your Products sustain damage during shipping, You must notify Fitbug of such damage with 7 days of Your receipt of the Products. Failure to comply with this provision will absolve Fitbug of any obligation to replace or provide a refund with respect to the damaged Products.
15 UK Product and Services Warranties
15.1 Subject to Paragraph 15.2 below, if you are a resident of the UK Fitbug warrants that the Products will operate materially in accordance with their respective specifications for a period of one year from delivery. A refund for a defective Product or replacement of it (at Fitbug's discretion) will be Your sole remedy for breach of the foregoing warranty with respect to the Products. Fitbug’s warranty for UK Products is limited to Products that do not operate materially in accordance with their respective specifications due to a manufacturer’s defect. Fitbug’s warranty for UK Products specifically excludes damage to Products caused by water, excessive heat or humidity, dropping, installation of a battery not specified for use in the Product or other improper use of the Products.
15.2 Fitbug may offer specific warranties for specific Products, which warranties will be set out in the manuals packaged with or accompanying the Products.
16 Subscription Services
16.1 Some Services are offered on a subscription basis. Subscription to such Services may be available for varying commitment periods (e.g. three months, six months or one year) and You may have a choice of paying an up-front fee for such periods or to pay monthly or on an annual basis as stated on the Websites or Kiqplan. Additionally, Fitbug may offer promotional subscription Services which offer a onetime up-front payment fee (e.g. for three months) with a commitment to subscribe for an additional longer period thereafter, (e.g. the following 9 months). Monthly subscriptions may be available with a 12 month commitment or with no commitment. Payment for the Services will be made via the Websites in accordance with the procedure and pricing explained on the Websites. If You subscribe to the Services using a promotion code provided by Your employer, insurance provider or other authorized entity, You may be entitled to discount(s) relating to the price and/or length of Your subscription. Promotion codes shall only be used by persons authorized to use such codes. In the event that Fitbug discovers that a user subscribes to the Services using an unauthorized promotion code, Fitbug reserves the right to immediately deduct from that user’s debit/credit card account the difference between the promotional rate for the Services for which the user subscribed and the appropriate individual rate applicable to the Services and commitment period subscribed to by that user. Promotion codes are nontransferable and shall not be shared or disclosed to any person not authorized to use such codes.
16.2 If You choose a pay-monthly subscription with no commitment period, the monthly charges will be charged to Your debit/credit card account until Fitbug or You cancel Your subscription on at least 28 days' notice by contacting Fitbug at firstname.lastname@example.org.
16.3 If You choose a subscription with a fixed commitment period (e.g. six months) then, whether it is pay-monthly or pay up-front, at the end of that period Your subscription will automatically convert into a pay-monthly subscription (at the same rate band at which You were paying during the fixed commitment period) which can be cancelled by Fitbug or You on 28 days’ notice (by contacting us at email@example.com). Where such notice is given 28 days or more prior to the end of the fixed commitment period, the subscription will end upon expiry of that period.
16.4 Fitbug will collect all monthly fees due (including those due after the end of a fixed commitment period) from the credit or debit card account that You provide when You subscribe to the Services. As stated above, Fitbug may suspend or cancel any Services, including Your subscription, in the event of problems with the credit or debit card account information that You provide.
16.5 Subject to Your cooling off rights stated in clause 17 and Your statutory consumer rights (which remain unaffected by any of these terms), subscription fees are non-refundable; and Subscriptions with fixed commitment periods may not be cancelled until all the monthly payments have been made. Any attempt to cancel such payment may result in Fitbug immediately deducting from your credit/debit card account the balance of payments due for the remainder of Your commitment period.
16.6 If Your subscription begins with a promotional period, You will be automatically charged for the subscription rates to which You agreed on expiry of that promotional period unless You email us at firstname.lastname@example.org.
16.7 Corporate and group membership rates are only available to employees/members of the specified organization or group (or other parties such as contract staff and/or friends or family if the offer is specifically extended to such parties). Any attempt to subscribe to such a plan by a person not qualified to do so may result in Fitbug immediately deducting from that person’s debit/credit card the difference between the corporate/group rate to which the person subscribed and the appropriate individual rate applicable to the Services and commitment period subscribed to by that person.