This Site is owned and operated by Fitbug Limited of 9b Utopia Village, 7 Chalcot Road, London, NW1 8LH ("Fitbug"). These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and the purchase of any Products or Services on this Site will be subject to these terms and conditions.
The information available on or through this Site, and the Services supplied via or in connection with this Site do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. In any event, before commencing any exercise regime, you should consult your doctor.
It is also vital that you supply us with correct information about yourself. Some of the Services on this Site are based on that information and we cannot be liable for any incorrect information supplied by you to us.
We try to make sure that all information contained on this web site (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, 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 web site or provided through any Service supplied by us to you.
We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, or for fraud, or for any other liability which may not by applicable law be excluded or limited and we do not do so. Subject to that, our liability to you in each year is limited to the amount of charges payable by you to us in that year subject to a minimum of £250
In these terms and conditions, the following definitions apply:
1.1
“Services” means any information and services ordered and/or provided by Fitbug through or via the Site and all services offered as part of the membership subscription. Any electronic information supplied to you by Fitbug will constitute part of "Service" not a Product and cancellation rights will apply accordingly.
1.2
“Products" means any products offered for sale on the Site.
1.3
“Site” means the web site at the URL www.fitbug.net or WAP site or replacement site(s) from time to time.
2.1
You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
2.2
The intellectual property rights in all contents of the Site and supplied as part of the Products or Services, and in Fitbug's brands trade marks and logos ("Materials") are owned by Fitbug or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any Materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. "Fitbug" and "Movement Motivation" are registered trade marks or applications for registered trade marks owned by Fitbug. Other brands, including "Fantasy Footfall" and "Bug Care" are also the property of Fitbug. You must not use any of Fitbugs brands logos or marks without written licence.
2.3
You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Fitbug or any third party.
2.4
Fitbug accepts no obligation to monitor the use of the Site. However, Fitbug reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Fitbug will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
2.5
Fitbug may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
3.1
Usage of your personal information is governed by Fitbug’s Privacy Policy, which forms part of these Terms and Conditions. In the event that Fitbug undergoes reorganisation or is sold to a third party, you agree that any personal information Fitbug holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.
4.1
You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Fitbug does not enter into conditions, warranties or other terms in relation to the Site or the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
4.2
The Site includes links to external sites and co-branded pages. Fitbug has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Fitbug is not responsible for the content of these site and pages or for anything provided by them.
4.3
Subject to the important liability statement, Fitbug is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
5.1
As part of the Services offered via this Site, you may be issued with an individual password which may be used to access the Site, Services and those pages whose access is restricted to members only. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
5.2
In the event of any failure or error in the operation of a password, you shall cease using the password and exit the Site immediately, and notify Fitbug of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your membership for whatever reason.
5.3
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.
6.1
Fitbug may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.
6.2
Fitbug may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to Fitbug or any company in Fitbug’s Group.
7.1
You may submit orders on this Site, for Services or for Products but no contract will exist in relation to the Services or Products until we have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased. 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.
8.1
Information displayed on the Site as to pricing and availability is subject to change by Fitbug without notice. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
8.2
While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail if any Products you order turn out to be unavailable.
8.3
In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product's actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
8.4
Products will be dispatched to your delivery address by registered post as soon as reasonably possible after acceptance of your order and we will confirm dispatch to you by email. Delivery charges will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid.
9.1
Fitbug warrants that the Services will be supplied with reasonable skill and care. Also, subject to clause 9.2, Fitbug warrants that the Products will operate materially in accordance with their specifications for a period of 90 days from delivery. A refund for the defective Product or replacement of it (at Fitbug's discretion) will be your sole remedy for breach of the warranty in this clause 9.2.
9.2
Fitbug may offer specific guarantees with specific Products, and these will be set out in manuals with the Products.
10.1
Some Services are offered on a subscription basis. Subscription to such Services may be available on an annual or monthly basis as stated on the Site. Monthly subscription may be available with a twelve month commitment or with no commitment. Payment for the Services will be made via the Site in accordance with the procedure explained on the Site.
10.2
If you choose a monthly subscription with no commitment, the monthly charges will be collected by debit/credit card until you cancel your subscription on at least 28 days' notice by contacting us at info@fitbug.net. If you choose a monthly subscription with a twelve month commitment at the end of that 12 month period your subscription will automatically convert into a monthly subscription which can be cancelled by us or you on 28 days notice (by contacting us at info@fitbug.net). If you choose an annual subscription, we will send you an email at the contact address supplied by you when the subscription expires.
10.3
Members who choose a monthly subscription with no commitment are not entitled to a free members' pack but may purchase the pack on the Site.
10.4
Subject to your cooling off right stated in clause 11 and your statutory consumer rights, subscription fees are non-refundable. Monthly membership with a twelve month commitment may not be cancelled until twelve monthly payments have been made. Any attempt to cancel such payment may result in Fitbug deducting the balance of payments due immediately.
10.5
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 on info@fitbug.net.
10.6
The Bug Care service entitles you to a replacement bug once per year in the event that your bug is either lost or stolen. A Bug Care form will need to be compleated. It is not an insurance service.
10.7
Any corporate or 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 without entitlement to do so may result in Fitbug deducting the balance of payments due immediately.
11.1
Services: You may cancel Services including any subscription within 7 days after the day of ordering by contacting us by email at info@fitbug.net 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 Site or to access the Services ordered (or subscribed for) for the first time during that 7 day period.
11.2
Products: After you receive the Products you will have a 7 day "cooling off" period during which you have a right to cancel the order, and return the Products, without charge. You may exercise that right by calling our Customer Services Team on 0870 228 4949 (or such other number stated on the Site or with the Product), notifying us of your cancellation. Following such notice you must return the Products covered by the cancelled order undamaged to ‘New Age Transportation, Distribution, and Warehousing, 1881 Rose Road, Lake Zurich, IL 60047’. Products must be labelled with the Returns label included in your delivery documentation and returned by registered post (or any other method requiring the recipient to sign on delivery) unused and in their original undamaged packaging. You are responsible for the costs of returning the Products and we reserve the right to make a charge not exceeding our direct costs of recovering the Products (which we are entitled to do) in the event that you do not return the Products or you return them at our expense. Following you exercising your right of cancellation we will refund any payments made by you excepting and subject to any costs of returning the Products.
11.3
General: Orders for software cannot be cancelled once the seal on the software packaging has been opened and orders for custom made Products may not be cancelled once the customisation 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.
12.1
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.
13.1
Fitbug does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-member parts of the Site under adult supervision but you may not become a member or purchase Products from the Site.
14.1
Fitbug may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding 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.
14.2
These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
14.3
If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to: Fitbug Limited, 9b Utopia Village, 7 Chalcot Road, London, NW1 8LH or email info@fitbug.net.
