Terms & Conditions

Welcome to fitbug.com which is provided to You (“You” or “Your”) by Fitbug Limited of 1st Floor, 47-49 Kentish Town Road, London NW1 8NX, United Kingdom, ("Fitbug"). The following Terms and Conditions govern Your access to and use of the fitbug.com website as well as all other website and web pages related or linked to the fitbug.com website that are owned or operated by Fitbug, including, without limitation, the Fitbug pages on Facebook and Twitter (collectively, the “Websites”). These Terms and Conditions also govern Your access to and use of and the Websites’ content, including their text, layout, images and graphics and the selection and arrangement thereof (collectively, “Content”) available on or through the Websites, the Services provided by Fitbug through the Websites and the sale and purchase of Products on the Websites. The words “User,” “You” and “Your” as used in this Agreement refer to users of the Websites and other persons who access the Websites. Please review the following disclosures and terms that govern Your use of the Websites, the Services and the purchase and use of Products (the "Agreement").

Your use of the Websites constitutes Your Agreement and acceptance without change of these terms and conditions. In addition, as a condition of Your use of the Websites, You represent and warrant to Fitbug that You will not use the Websites for any purpose that is unlawful or prohibited by these terms and conditions. If You do not agree and accept these terms and conditions, Your use of the Websites is prohibited. Other than this Agreement, Fitbug will not enter into any Agreement with You or have any obligation to You through the Websites and no attempt to create such an Agreement will be effective.

BY ACCESSING, BROWSING OR USING THE WEBSITES, YOU ACKNOWLEDGE THAT:

1. YOU ARE AT LEAST 18 YEARS OLD AND HAVE READ AND UNDERSTAND ALL OF THESE TERMS AND CONDITIONS;

2. YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS;

3. THESE TERMS AND CONDITIONS ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND FITBUG; AND

4. IF ACCESSING, BROWSING OR USING THE WEBSITES ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THESE TERMS AND CONDITIONS.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT BROWSE OR USE THE WEBSITES, AND, MOREOVER, FITBUG DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT.

Important Liability Statement

• NOT MEDICAL ADVICE:

  Fitbug is not a provider of medical advice and no Content or other information contained on or provided through the Websites 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 the Content, other information contained on the Websites, nor any other Service 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. The exercise and nutritional programs provided as part of the Services are demanding and increase in intensity during the course of these programs. The use of the Services and Products require a high level of responsibility and self-awareness in order to avoid injury. Before using any of the Services and Products, it is Your responsibility to determine, through obtaining appropriate medical advice, that You are fit and well and that the Services and Products are suitable for You. Before commencing any exercise program or nutritional program and before making changes to Your existing exercise or nutritional program, You should consult Your physician or other qualified Healthcare Provider in order to ascertain whether the programs and changes are appropriate for You. You are responsible for your own safety; and You assume all risk of injury by using the Content, Services and Products. Please do not use the Content, Services and Products if You are not willing to accept this responsibility.

• ACCURACY OF INFORMATION:

  It is also vital that You supply us with correct information about Yourself. Some of the Services on the Websites are based on that information, and we 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 programs which we recommend to You may become unsuitable for You.

• NUTRITIONAL ADVICE:

  Fitbug provides nutritional information as to specific foods (e.g. calorie values) based upon the information that food suppliers and retailers give to us. Fitbug relies upon this information in providing nutritional advice but cannot verify the accuracy of the information itself and 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.

• LIABILITY:

  We try to make sure that all information that we post on this website (and provided by us to You as part of any Services or Products) is correct, and we will use reasonable care and skill in providing Services to You. As long as we have done that, we do not accept any liability for any error or omission and exclude 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 this website (including any articles posted by a third party) or provided through any Service supplied by us to You.

1. 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 Websites 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 and be interpreted accordingly.

1.2. "Products"

means any products distributed or offered for sale by Fitbug, including, without limitation, all activity tracking devices and related products for use in connection with the Services.

1.3.

“we,” “us,” and “our” mean Fitbug.

2. License

2.1.

You agree by accessing, browsing or otherwise using the Websites, the Websites and the Content are and remain the sole property of Fitbug or 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 the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Websites and the Content, and (ii) copy, download and store 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 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.

2.2.

Except as expressly permitted by Fitbug in these Terms of Conditions or otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this the Websites, the Products, 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 any other colorable equivalent without the prior written authorization of Fitbug.

3. Use of the Websites Generally

3.1.

You may use the Websites for personal and lawful use and in accordance with these terms and You are not allowed to copy or use any material from the Websites for any commercial purpose including for selling any goods or services.

3.2.

Without limiting anything else contained in this Agreement, You agree and acknowledge that:

the Content, Submissions, databases used to store the Content and Submissions (“Databases”) and any other information contained therein are valuable intellectual property owned by or licensed to Fitbug, and that no proprietary rights therein are being transferred to You by these Terms and Conditions;

You will not, directly or indirectly:

1. Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;

2. Use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;

3. Use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations,

4. Publish or distribute in any medium Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;

5. Attempt to access or access any other user’s account;

6. Attempt to obtain or ascertain or obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;

7. Attempt to elude or elude the Websites’ security systems;

8. Attempt to gain access or gain access to the Websites in a fraudulent manner;

9. Use the Websites for any purposes other than those intended by Fitbug, as determined by Fitbug in its sole discretion; or

10. 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.

3.3

You specifically acknowledge and agree that any and all misappropriation or misuse 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 Content, Submissions 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.

3.4

Fitbug reserves the right to modify and/or discontinue the Websites at any time, for any reason and without notice, and to terminate Your password and account should You be in violation of these Terms and Conditions, including but not limited to the provisions of this section entitled “Use of the Websites.”

3.5

Fitbug may change the format and content of the Websites from time to time. You should refresh Your browser each time You visit the Websites to ensure that You download the most up to date version of the Websites.

4. Submissions

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 (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 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 and Conditions, 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 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.

With respect to Your Submissions, You acknowledge, warrant and agree that:

1. 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;

2. 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, goods or services to which Your Submission relates; and

3. 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.

4.4

Fitbug retains the right to review and delete from the Websites any Submissions which Fitbug in its sole discretion considers illegal, offensive, obscene, abusive, commercial in nature, infringing, inappropriate or otherwise violates these Terms and Conditions. If notified of an allegation that the Websites 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. Notices to Fitbug regarding any alleged copyright infringement should be sent to Fitbug at Fitbug Limited of 1st Floor, 47-49 Kentish Town Road, London NW1 8NX, United Kingdom.

5. Site Monitoring

5.1.

Fitbug may monitor or review any areas on the Websites where users transmit or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness, appropriateness of use and compliance with these Terms and Conditions. However, Fitbug does not undertake to monitor or review every posting or communication, and Fitbug disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

5.2.

Fitbug is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted on the Websites, including, without limitation, all third party advertising posted on the Websites. While Fitbug, from time to time, may monitor the content of the Submissions and other third party communications posted on the Websites, Fitbug does not endorse, support, sanction, encourage, verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted by on the Websites by users and other third parties. Any information or material placed on the Websites 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. Fitbug reserves all of its rights to discontinue in its sole discretion the services provided on the Websites in general or to any user at any time.

5.3.

Subject to the terms of its Privacy Policy which is incorporated and made part of these Terms and Conditions, Fitbug may disclose to third parties any records, electronic communications, information, materials or other content of any kind (i) if Fitbug believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate the Websites; or (iii) 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 and Conditions. 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 Products and Services available through the Websites.

7. Liability

7.1.

You are referred to the important liability statement in these terms and conditions. Subject to that statement You agree that Your use of the Websites and the Services are 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 Websites or the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.

7.2.

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.

THE INFORMATION AND MATERIALS ON THE WEBSITES, THE PRODUCTS AND THE SERVICES ARE PROVIDED IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

THE WEBSITES ARE OPERATED AND SERVICES PROVIDED BY FITBUG AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FITBUG, ITS RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE "FITBUG BUSINESSES") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITES OR THE SERVICES FOR ANY PURPOSE. ALL SUCH MATERIALS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. 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. TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER THE FITBUG BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITES OR THE SERVICES OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEBSITES. YOUR USE OF THE WEBSITES, THE PRODUCTS AND SERVICES 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 DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITES, SERVICES, PRODUCTS, THE MATERIALS IN THE WEBSITES, THE DELAY OR INABILITY TO USE THE WEBSITES OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITES, PRODUCTS OR SERVICES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY 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 ON THE WEBSITES IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

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.

FITBUG’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO ALL EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF FITBUG’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITES OR SERVICES OR INFORMATION PROVIDED TO OR GATHERED BY FITBUG WITH RESPECT TO SUCH USE.

YOU ACKNOWLEDGE AND AGREE THAT, OUR MAXIMUM POTENTIAL LIABILITY TO YOU WITH RESPCT TO OUR PROVISIONS OF THE SERVICES IN ANY YEAR IS LIMITED TO THE AMOUNT OF CHARGES PAID BY YOU TO US IN THAT YEAR.

8. LINKS

8.1.

At certain places on the Websites, live hypertext links to other Internet website can be accessed. Such other websites contain information created, published, maintained, or otherwise posted by organizations not related to and otherwise independent of Fitbug. Fitbug does not endorse, approve, certify, maintain, or control these other websites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Fitbug provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those websites’ respective terms of use and privacy policies. Neither the inclusion of the link on the Websites nor reference on the linked websites to any product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by Fitbug. You acknowledge and agree that Fitbug shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites.

8.2.

There may be circumstances where access to the Websites 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 or injury 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. Unless approved in writing in advance by Fitbug, You agree not to: (i) provide or create a link to the Websites; or (ii) create any frames at any other sites pertaining to any of the Content located at the Websites. You also agree not to post any materials at the Websites without the express written permission of Fitbug.

9. REGISTRATION AND ACCOUNT CREATION

9.1.

Fitbug may at times require that You register and/or set up an account to use certain portions of the Websites, or the Websites as a whole. 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. You may not sub-license, transfer, sell or assign Your Registration Information and/or this Agreement 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 this Agreement.

10. Password

10.1.

As part of the Services offered via the Websites, You may be provided with an individual password which may be used to access the Websites, 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.

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 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 for repair or maintenance work or in order to update or upgrade the contents or functionality of the Websites from time to time. Access to or use of the Websites or any websites or pages linked to it will be not necessarily be uninterrupted or error free.

11.2.

Fitbug may terminate the Service immediately in the event You breach any of these terms and conditions 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. SECURITY

12.1.

We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. We will exercise reasonable care in providing secure transmission of information between Your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.

13. Contract Information

13.1.

You may submit orders on the Websites, for Services or for Products but no contract will exist in relation to the Services or Products until we (or one of our 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 will be without prejudice to Your right to cancel as outlined in these terms and conditions and to Your statutory rights as a consumer.

13.2.

From time to time, the Websites may accept pre-orders for Services and/or Products that are not currently available but which are expected to become available shortly. No contract will exist in relation to the Services or Products pre-ordered until we (or one of our fulfillment partners) have confirmed to You by email that the Services are ready to start or the Products are ready to be shipped (as the case may be). 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 will be without prejudice to Your right to cancel as outlined in these terms and conditions and to Your statutory rights as a consumer. Where You submit a pre-order, we do not charge Your debit/credit card the full amount until the Services are ready to start or the Products are ready to be shipped (as the case may be), but we do charge a nominal amount (typically, less than $1) at the pre-order stage (just to ensure that Your debit/credit details are correct) which we will then deduct from the balance to be automatically charged to the same debit/credit card when Your order is ready to be fulfilled.

14. Pricing, availability and shipping Information of Products

14.1.

Information displayed on the Websites as to pricing and availability is subject to change by Fitbug without notice. Payment for the Products will be made via the Websites in accordance with the procedure explained on the Websites.

14.2.

While we aim to be accurate, any availability information or shipping estimates on the Websites in relation to Products are approximate. As we process Your order or pre-order (as the case may be), we will inform You by e-mail if any Products You order turn out to be unavailable.

14.3.

Despite our best efforts, it is possible that a Product or Service may be mispriced on the Websites. We do, however, confirm prices as part of our shipping procedures. Where the actual price is lower than that stated on the Websites, we will charge the lower amount and send You the Product. If, however, the actual price is higher than that stated on the Websites, we will, at our 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 we 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. Fitbug is not liable for loss or damage to Products in transit.

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 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. Warranties

15.1.

Subject to Paragraph 7.2 above, Fitbug warrants that the Services will be supplied with reasonable skill and care. In addition, subject to Paragraph 15.2 below, 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 the defective Product or replacement of it (at Fitbug's discretion) will be Your sole remedy for breach of the warranty with respect to the Products. Fitbug’s warranty for 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 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 (such as membership of Fitbug) 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. Additionally, we 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 we or You cancel Your subscription on at least 28 days' notice by contacting us at memberservices@fitbug.com.

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 us or You on 28 days’ notice (by contacting us at memberservices@fitbug.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.

We 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, we 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 11 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 <memberservices@fitbug.com.

16.7.

The Bug Care service entitles You to pre-purchase one replacement bug once per 12 month period at a discount to the normal price, which we send to You if You notify us (e.g. in the event that Your bug is either lost or stolen). A Bug Care form will need to be completed. It is not an insurance service.

16.8.

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.

17. Cooling Off Rights

17.1. Services:

You may cancel Services including any subscription within seven days after the day of ordering by contacting us by email at memberservices@fitbug.com or by writing to 'After Sales' at the address set out in these terms and conditions, save that this right will cease once You use Your password to log on to the members only part of the Websites or to access the Services ordered (or subscribed for) for the first time during that 7 day period.

17.2. Products:

After the date on which You receive any Products, You will have a seven day "cooling off" period during which You have a right to cancel the order without charge, and return the unused Products. You may exercise that right by calling our Customer Care Team on 1-877-434-8284 (or such other number stated on the Websites 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 Customer Care Returns, 566 West Lake Street, Suite 260, Chicago, IL 60661 or such other address as we may tell You at the time. Products must include the packing list along with a reason for the return, and shipped to us by certified mail (or any other delivery method requiring the recipient to sign on delivery) and include all manuals and other documentation, all in their original, undamaged packaging. You are responsible for the costs of returning the Products to us, 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 incurred by Fitbug.

17.3. Third Party Products:

You may order products, merchandise or services through the Websites from parties other than Fitbug ("Third Party Products"). Fitbug will make clear at the point of purchase if and from which third party 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.

17.4. General:

Orders for software cannot be cancelled once the seal on the software packaging has been opened and orders for custom made Products can be cancelled once the customization process has begun. When returning Products on which You have received any promotional or other discount the refund will only cover the price You paid.

18. Statutory Rights and Refunds

18.1.

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 may only 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.

19. If You are under 18

19.1.

Fitbug does not sell Products to children under the age of 18 on the Websites although it may sell Products suitable for children to adults.

20. Promotions

20.1.

Our "lose 6 inches" and other promotions have terms and conditions in addition to these terms and conditions which You will need to agree to when participating in such promotions.

20.2.

It is important that You understand that "body shape" and "overall body shape" and similar terms mean a combination of measurements taken from Your chest, arms, legs, hips and waist. It does not refer to any one single measurement.

20.3.

Where a promotion guarantees money back You must make any claim within one week of the end of the relevant period (for example, a "lose 6 inches off Your body shape in 12 weeks" must be claimed within the 13th week).

20.4.

Where a promotion guarantees money back, the refund will be the monthly fees paid for Your online subscription, and shall exclude the cost of Your original members pack and the non-promotional retail price of the Fitbug You have received (neither of which are not refundable save as set out in our general terms and conditions below).

20.5.

Finally, once again, guarantees only apply if You keep Your side of the bargain as set out in the promotion terms and conditions.

21. Third party contributions

21.1. Articles:

Fitbug is not able to confirm the accuracy or completeness of articles, blogs and other content on this site contributed or submitted by third parties (collectively, “Third Party Content”). You acknowledge and agree that Fitbug is not and cannot be liable for any errors or other inaccuracies contained in the Third Party Content or any injuries resulting from Your reliance on Third Party Content. Again, the Websites do not provide medical advice.

22. Third Party Programs

22.1.

If You have purchased Products and/or subscribed to Services from Fitbug as part of a program provided or arranged or paid (in full or in part) by Your employer, insurance provider or another group (respectively, “Third Party Program Provider” and “Third Party Program”), Fitbug reserves the right to discontinue Your right to purchase Fitbug subscriptions at the Third Party Program rate on the date You cease being an employee, insured or member of Your Third Party Provider, but may offer You a subscription on Fitbug’s standard terms at that time.

22.2.

The terms and conditions of Your Third Party Program are a matter between You and Your Third Party Program Provider, and Fitbug has no liability or responsibility of any kind with respect to that relationship. These Terms and Conditions form a legally binding contract between You and Fitbug which is totally separate and distinct from any contract You have with Your Third Party Program Provider.

22.3.

As part of the Third Party Program, Fitbug may send to the Third Party Program Provider details of Your activity, nutrition, health data and other information regarding Your use of the Services as described and in accordance with the Fitbug Privacy Policy which forms part of these Terms and Conditions.

22.4.

As a Third Party Program member, You are allowed to purchase one Fitbug for Yourself and one for Your covered spouse. These can be purchased through the website specified by Your Third Party Program Provider. Child dependents will not be able to earn points, if any, offered by Your Third Party Program.

22.5.

If You purchase the Basic Membership Plan through a Third Party Program Provider, You will need to notify Fitbug within the first 30-day Full Membership Trial Period if You do not want to continue with the Full Fitbug Membership. Should You not inform Fitbug within the first 30 days, Fitbug will automatically deduct a monthly subscription fee from Your credit card for a Full Membership. Should You wish to discontinue Your Full Membership after the 30-day Trial Period has elapsed, You will need to contact Fitbug Member Services to cancel. The cancellation will take effect in 28 days, at which time, Your Fitbug membership will revert back to the Basic Membership You have initially purchased. Your Third Party Program Provider will in no way be responsible for any additional monthly payments, nor pay these on Your behalf.

23. INDEMNITY

23.1.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FITBUG AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:

1. YOUR USE OF THE WEBSITES AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITES;

2. ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS;

3. ANY SUBMISSION YOU MAKE OR POST ON THE WEBSITES; AND

4. ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH THE WEBSITES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER NEGLIGENT, ILLEGAL OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR WEBSITES ACCOUNT.

24. RELEASE FOR FORCE MAJEURE

24.1

. You absolve and release Fitbug and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which Fitbug or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

25. TERM AND TERMINATION

25.1

This Terms and Conditions will take effect at the time You click “I Agree” or access, browse or use the Websites or any of the Content, and continues in perpetuity unless terminated by You and/or Fitbug. Fitbug reserves the right, at any time and for any reason, without notice to You, (i) to deny You access to the Websites and any of the Content; (ii) to change, remove or discontinue the Websites any of the Content or services available on or through the Websites; or (iii) to terminate this Terms and Conditions.

25.2

You may terminate this Agreement at any time by destroying: (a) all of the Content obtained from the Websites, including, without limitation, permanently deleting all of the Content You have copied or stored on any computer and any media; and (b) all related documentation. In addition, and upon Fitbug’s request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive and will survive the termination or expiration of this Agreement for any reason.

26. NOTICES

Any notice or other document or communication required or permitted hereunder to Fitbug will be deemed to have been duly given only if in writing and delivered by any of the following methods:

1. Certified U.S. mail, return receipt requested, postage prepaid, to Fitbug at Fitbug Limited of 1st Floor, 47-49 Kentish Town Road, London NW1 8NX, United Kingdom

2. Email sent to memberservices@fitbug.com

If You have any questions about this Agreement or the Websites, please send us an email to memberservices@fitbug.com or write us at Fitbug Limited of 1st Floor, 47-49 Kentish Town Road, London NW1 8NX, United Kingdom. Although Fitbug will in most circumstances be able to receive Your email or other information provided through the Websites (including, without limitation, service requests and other submissions), Fitbug does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.

Notices to Fitbug shall be deemed delivered when actually received by Fitbug.

Any notice or other document or communication from Fitbug required or permitted hereunder will be sent to the email address that You provide when You register with the Websites. Such notice will be deemed received by You the business day after the e-mail is sent.

Should You elect to send or receive e-mail communications of any kind to or from Fitbug, You represent and warrant to Fitbug that Your email service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.

If You have any questions or complaints about the Services or someone else's use of the Websites, then please address them to memberservices@fitbug.com

27. General

27.1

Fitbug may change these terms and conditions from time to time and will endeavor to notify You of any major changes by posting a message on the Websites. By browsing the Websites You are accepting that You are bound by the current terms and conditions. You should check these terms and conditions each time You visit the Websites. These terms and conditions form the entire understanding of the parties 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.

27.2

The Websites, which are hosted in the United States of America, are controlled and operated by Fitbug in the United Kingdom. Except as set forth otherwise herein, Fitbug makes no representation that the Content is appropriate or available for use in locations other than the United States of America. You are responsible for compliance with applicable local laws including, without limitation, all export and import laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (ii) to anyone in the US Treasury Department’s Specially Designated national list, or (iii) to anyone on the US Commerce Department’s Table of Denial Orders. If You download or use the Content, You represent and warrant that You are not located in, or under the control of, or a national or resident of any such country or on any such list.

27.3

Access, browsing and use of the Websites, the Content, the Services, the Products and these Terms and Conditions and all matters or issues collateral thereto are all governed by the laws of the United Kingdom, without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Websites.

ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A COURT LOCATED IN LONDON, UNITED KINGDOM. YOU AND FITBUG AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN THOSE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

28. WAIVER

No delay or omission by Fitbug to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of these Terms and Conditions will impair any such right or power or be construed to be a waiver thereof. Any waiver by Fitbug of any of the covenants, conditions or Agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or Agreement herein contained.

29. SEVERABILITY

If any portion of these Terms and Conditions is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

30. INDEPENDENT CONTRACTOR

Fitbug is an independent contractor; nothing in these Terms and Conditions shall be construed to create a partnership, joint venture, or agency relationship between the parties.

31. CONTINUED USE DEEMED ACCEPTANCE

Fitbug reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these Terms and Conditions from time to time. After any such modification becomes effective, Fitbug will deem Your continued use of the Websites or any of the Content to constitute Your acceptance of and Agreement to such modification.

32. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between You and Fitbug with respect to Your use of the Websites, the Services, the Products and the Content, and supersedes any and all prior understandings or Agreements between You and Fitbug, whether written or oral. You acknowledge that, in providing You access to and use of the Websites, the Services, the Products and the Content, Fitbug has relied on Your acceptance of this Terms and Conditions.

© Copyright 2013 Fitbug