Welcome to Kiqplan which is provided to You (“You” or “Your”) by Fitbug Limited of Suite 5, First Floor, 5 Rochester Mews, London, NW1 9JB, United Kingdom., ("Fitbug")[VAT number: 843850612]. The following terms of service govern Your access to and use of the Kiqplan program (the “Program”), the Kiqplan mobile application (the “App”) and the www.kiqplan.com
website as well as all other websites and web pages related or linked to the App or the Website that are owned or operated by Fitbug, including, without limitation, the Fitbug and Kiqplan pages on Facebook and Twitter (collectively, the “Websites”) (the Program, the App, and the Websites are collectively referred to as “Kiqplan”). The "Terms of Service" in conjunction with the Privacy & Cookies Policy govern Your access to and use of Kiqplan and 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 Kiqplan, and the sale and purchase of products and services on or through the App and Websites. The words “User,” “You” and “Your” as used in these Terms of Service refer to users of Kiqplan.
Your use of Kiqplan constitutes Your Terms of Service and acceptance without change of these Terms of Service. In addition, as a condition of Your use of Kiqplan, You represent and warrant to Fitbug that You will not use Kiqplan for any purpose that is unlawful or prohibited by these Terms of Service. If You do not agree and accept these Terms of Service, Your use of Kiqplan is prohibited. Other than these Terms of Service, Fitbug will not enter into any Terms of Service with You or have any obligation to You through Kiqplan and no attempt to create such an Terms of Service will be effective.
By using, accessing, or browsing kiqplan, you acknowledge that:
- You are at least 18 years old and have read and understand all of these terms of service;
- You have consulted a qualified 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; and
- These terms of service are the legal equivalent of a signed, written contract between you and Fitbug.
If you are not willing to be or cannot be bound by all of these terms of service, including without limitation the acknowledgement set forth in paragraphs 1-5 above, then do not use Kiqplan, and, moreover, Fitbug does not and will not grant you any right or license to access, browse or use Kiqplan without your willingness and ability to be bound by all of these Terms of Service, including without limitation the preceding acknowledgement.
IMPORTANT LIABILITY STATEMENT
- Fitbug is not a licensed medical advisor or provider 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 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 any other information contained 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 Kiqplan. Kiqplan is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
- The exercise and nutritional programs provided as part of Kiqplan 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 requires a high level of responsibility and self-awareness in order to avoid injury. Before using Kiqplan 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. You are responsible for your own safety. Do not use Kiqplan if You are not willing to accept this responsibility.
- If, while using Kiqplan, 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 or other qualified healthcare provider.
- ACCURACY OF INFORMATION: It is also vital that You supply us with correct information about Yourself. Some of Kiqplan is 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 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 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.
- WARRANTY: We try to make sure that all information that we provide to You as part of Kiqplan is correct, and we will use reasonable care and skill in providing Kiqplan to You. Fitbug will not be liable to You for reliance on any information provided by third parties, in whatever form, through Kiqplan or the Content.
Kiqplan, including 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 Kiqplan and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access, view and use Kiqplan 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.
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, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of 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 “Kiqplan” or “Fitbug” or any other colorable equivalent without the prior written authorization of Fitbug.
2. Use of Kiqplan Generally
You may use Kiqplan for personal and lawful use and in accordance with these Terms of Service and You are not allowed to copy or use any material from Kiqplan for any commercial purpose including for selling any goods or services.
Without limiting anything else contained in these Terms of Service, You agree and acknowledge that:
A. The Content, Submissions (as defined in clause 4), databases used to store the Content, Submissions or information provided by users of Kiqplan and any other services provided by Fitbug (such databases collectively, the “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 of Service;
B. You will not, directly or indirectly:
- Use Kiqplan or any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
- Use Kiqplan or the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
- Use Kiqplan or the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations,
- Publish or distribute in any medium Kiqplan or the Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
- Attempt to access or access any other Kiqplan user’s account;
- Attempt to obtain or ascertain or obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
- Attempt to elude or elude Kiqplan’s security systems;
- Attempt to gain access or gain access to Kiqplan in a fraudulent manner;
- Use Kiqplan for any purposes other than those intended by Fitbug, as determined by Fitbug in its sole discretion; or
- 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.
You specifically acknowledge and agree that any and all misappropriation or misuse of the Program, App, Websites, 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 Program, App, Websites, 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.
Fitbug reserves the right to modify and/or discontinue Kiqplan at any time, for any reason and without notice, and to terminate Your password and account should You be in violation of these Terms of Service.
Fitbug may change the format and the Content of Kiqplan from time to time. You should refresh Your browser each time You visit Kiqplan to ensure that You download the most up to date version of Kiqplan.
By purchasing a subscription to Kiqplan, You will be able to use additional Kiqplan functions and features (“Subscription”). 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 email@example.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.
4. The App
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.
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 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.
Except as described in Kiqplan’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.
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.
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, goods 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.
Fitbug retains the right to review and delete from 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 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 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.
6. Site Monitoring
Fitbug may monitor or review any areas on Kiqplan where users transmit or post Submissions or communicate solely with each other 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 every Submission, and Fitbug disclaims any liability related to the content of any such Submissions, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Fitbug is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted on Kiqplan, including, without limitation, all third party advertising posted on the App and the Websites. While Fitbug, from time to time, may monitor the content of the Submissions and other third party communications posted on Kiqplan, Fitbug does not endorse, support, sanction, encourage, verify, or necessarily agree with the Submissions and other comments, opinions, or statements posted by Kiqplan by users other third parties. Any Submissions or any other information or material placed on 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. Fitbug reserves all of its rights to discontinue in its sole discretion Kiqplan or any component thereof in general or to any User at any time.
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, 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 Kiqplan; or (iii) to protect Fitbug’s rights and property or the rights and property of Fitbug’s users and business partners.
7. Your Personal Information
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.
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 Kiqplan.
8. Limitation of Liability
You are referred to the Important Liability Statement in these Terms of Service. Subject to that statement You agree that Your use of Kiqplan is on an "as is" and "as available" basis. On that basis, except as expressly set out in these terms, Fitbug does not enter into conditions, warranties or other terms in relation to Kiqplan (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
Subject to the Important Liability Statement, Fitbug is not liable for its failure to comply with these Terms of Service due to any event beyond its reasonable control, including, the input of incorrect information by You.
THE INFORMATION AND MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH KIQPLAN ARE PROVIDED IN ACCORDANCE WITH THE NOTICES, TERMS OF SERVICE SET FORTH HEREIN. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
SUBJECT TO CLAUSE 8.3, KIQPLAN, THE CONTENT AND ANY OTHER SERVICES PROVIDED THROUGH KIQPLAN 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 KIQPLAN OR THE CONTENTFOR 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= 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 KIQPLAN OR THE CONTENT, FOR YOUR ACTION OR INACTION IN CONNECTION WITH KIQPLAN OR THE CONTENT OR FOR ANY DAMAGE TO YOUR MOBILE TELEPHONE, COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH KIQPLAN OR THE CONTENT. YOUR USE OF KIQPLAN OR THE CONTENT, 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 KIQPLAN OR THE CONTENTTHE DELAY OR INABILITY TO USE KIQPLAN OR THE CONTENT OR OTHERWISE ARISING IN CONNECTION WITH KIQPLAN WHETHER BASED ON CONTRACT, TORT, BREACH OF STATUTORY DUTY (INCLUDING NEGLIGENCE) OR OTHERWISE.
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 CONTENT ON KIQPLAN IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE APP OR THE WEBSITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
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.
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 KIQPLAN OR CONTENT, INFORMATION PROVIDED TO OR GATHERED BY FITBUG WITH RESPECT TO SUCH USE.
YOU ACKNOWLEDGE AND AGREE THAT, OUR MAXIMUM POTENTIAL LIABILITY TO YOU WITH RESPECT TO OUR PROVISIONS OF KIQPLAN IN ANY YEAR IS LIMITED TO THE AMOUNT OF CHARGES PAID BY YOU TO US IN THAT YEAR.
Nothing in these Terms of Service shall limit or exclude liability of the Fitbug Business:
- 8.3.1. for death or personal injury caused by negligence by the Fitbug Business;
- 8.3.2. for fraudulent misrepresentation; or
- 8.3.3. for any other liability which cannot as a matter of English law, be limited to excluded.
9. Links And Third Party Content And Products
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 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 Website. You also agree not to post any materials on the Websites except to the extent permitted by these Terms of Service.
You may order products, merchandise or services through the App and the Websites 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.
Fitbug is not able to confirm the accuracy or completeness of articles, blogs and other content posted on the App and the Websites 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, unless any such injuries are caused by Fitbug's negligence.
10. Registration and Account Creation
Fitbug may at times require that You register and/or set up an account to use certain portions of Kiqplan, or Kiqplan 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 Kiqplan. You may not sub-license, 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.
As part of Kiqplan, You may be provided with an individual password which may be used to access 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 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 of Service.
In the event of any failure or error in the operation of a password, You shall cease using the password and exit 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.
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.
12. Suspension and termination of Service
Fitbug may suspend the operation of Kiqplan or any component thereof for repair or maintenance work or in order to update or upgrade the Content, format or functionality of Kiqplan from time to time. Access to or use of Kiqplan and the Content, the App, the Websites or the linked to them will be not necessarily be uninterrupted or error free.
Fitbug may terminate Your access to Kiqplan 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.
We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our databases. 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.
14. Third Party Programs
If You have purchased or obtained Kiqplan, 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 and “Third Party Program Provider”), 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.
The Terms of Service 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 of Service 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.
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 Kiqplan as described and in accordance with the Fitbug Privacy & Cookies Policy which forms part of these Terms of Service.
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:
- ANY SUBMISSION YOU MAKE OR POST ON THE WEBSITES; AND
- ANY OTHER ACTIVITY BY YOU ON OR IN CONNECTION WITH KIQPLAN (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.
16. Release For Force Majeure
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.
17. Term And Termination
This Terms of Service will take effect at the time You click “I Agree” or access, browse or use Kiqplan 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 Kiqplan and any of the Content; (ii) to change, remove or discontinue Kiqplan or any of the Content or services available on or through Kiqplan; or (iii) to terminate these Terms of Service.
You may terminate these Terms of Service at any time by deleting the App from Your mobile device and by destroying: (a) all of the Content obtained from Kiqplan, 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 the entire App has been deleted and the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other Terms of Service of these Terms of Service which by their nature are intended to survive and will survive the termination or expiration of these Terms of Service for any reason.
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:
- Mail sent to: Certified U.S. mail, return receipt requested, postage prepaid, to Fitbug at Fitbug Limited of Suite 5, First Floor, 5 Rochester Mews, London, NW1 9JB, United Kingdom.
- Email sent to firstname.lastname@example.org
If You have any questions about these Terms of Service or Kiqplan, please send us an email to email@example.com
or write us at Fitbug Limited of Suite 5, First Floor, 5 Rochester Mews, London, NW1 9JB, United Kingdom. Although Fitbug will in most circumstances be able to receive Your email or other information provided through Kiqplan (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 Kiqplan. 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 Kiqplan or someone else's use of Kiqplan, then please address them to firstname.lastname@example.org
Fitbug reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these Terms of Service from time to time. Fitbug will endeavour to notify You of any substantive changes by updating the Websites. After any such modification becomes effective, Fitbug will deem Your continued use of Kiqplan or any of the Content to constitute Your acceptance of and the Terms of Service to such modification.
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.
Access, browsing and use of Kiqplan and the Content and these Terms of Service 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 Kiqplan.
ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF KIQPLAN AND THE CONTENT 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.
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 of Service 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 Terms of Service to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or Terms of Service herein contained.
If any portion of these Terms of Service is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect. Fitbug may delay enforcing its rights under these Terms of Service without losing them.
22. Samsung device and application terms
You hereby acknowledge and agree that the application that is included herein on a mobile device distributed or sold by Samsung Electronics Co., LTD. ("Samsung"), and any service and content provided to you through such application, are being provided to you by Fitbug and not by Samsung.
You further acknowledge and agree that your download, installation and use of any such application, service and content are governed by Fitbug's Terms of Service and Privacy & Cookies Policy, or other such agreements and that any information and personal information that you provide to Fitbug will be subject to Fitbug's Privacy & Cookies Policy. To the extent permitted under applicable laws, Samsung is not responsible for any privacy or any other practices of Fitbug and expressly disclaims any liabilities in connection with any such applications, services, contents or your use thereof.
If you have any questions, complaints or claims with respect to the application, service or content, you may contact us at email@example.com
, +44(0)20-7449-4949 or write to us at Suite 5, First Floor, 5 Rochester Mews, London, NW1 9JB, United Kingdom.
23. Independent Contractor
Fitbug is an independent contractor; nothing in these Terms of Service shall be construed to create a partnership, joint venture, or agency relationship between the parties.
24. Entire Agreement
These Terms of Service constitute the entire agreement between You and Fitbug with respect to Your use of Kiqplan 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 Kiqplan and the Content, Fitbug has relied on Your acceptance of this Terms of Service.
You agree that Fitbug may sub-contract the performance of any of its obligations or may assign these Terms of Service or any of its rights or obligations without giving You notice.