FITNESS DAY REWARDS TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING:

·        FITNESS DAY REWARDS APP. (“our app”)

(referred to as “Fitness Day Rewards”)

What's in these terms and who do they apply to?

These terms tell you the rules for using Fitness Day Rewards.

These terms apply to everyone who signs up for Fitness Day Rewards and is open to all ages. If you are under 18 years, please ask a parent or guardian to look through these terms with you so you understand how to get the most from Fitness Day Rewards.

Who we are and how to contact us

Fitness Day Rewards has been developed and is operated by ENDURANCE ZONE LTD ("we", “our” and “us”). We are registered in England and Wales under company number 10450334 and have our registered office at 11 Waterloo Place, Warwick Street, Leamington Spa, Warwickshire, CV32 5LA.

To contact us, please email [email protected]

By using Fitness Day Rewards, you accept these terms

By using any of our site or downloading our app, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these terms, you must not use any of our site and/or app.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These Terms of Use refer to the following additional terms, which also apply to your use of any of our site and/or our app:

·                          Our Privacy Policy. See further under How we may use your personal information below.

·                          Our Cookie Policy, which sets out information about the cookies on our site and/or app.

·                          Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using any of our site and/or our app you must comply with this Acceptable Use Policy.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use any of our site and/or our app, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to any of our site and/or our app

We may update and change any of our site and/or our app from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw any of our site and/or our app

Our site and our app are made available free of charge.

We do not guarantee that any of our site and/or our app, or any content on any of our site and/or our app, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of any of our site and/or our app for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access any of our site and/or our app through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

Your use of Fitness Day Rewards

By creating an account for Fitness Day Rewards for use on our site and/or app, you agree that:

·        your account shall only be used by you personally (and anyone else that the app store lets you share the app with) and for non-business use;

·        you are over the age of 18, or if you are under 18 years you have permission from a parent or guardian to set up an account and use Fitness Day Rewards.

You acknowledge and accept that you do not own our site or app, or any of its contents, but you may use it on devices that you own or control, as permitted by these Terms of Use.

If you sell or give away the device on which you access the site or downloaded our app, you must first remove the app from the device.

You are not allowed to:

·        modify our site or app’s code in any way, including inserting new code, either directly or through the use of another site or app or piece of software;

·        deliberately attempt to avoid or manipulate any security features included on our site or the app;

·        pretend that our site and app is your own or make it available for others to download or use (including by way of copying the code and creating an independent version).

Acceptable use

You must not use our site or app to do any of the following things:

·        break the law or encourage any unlawful activity;

·        send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;

·        infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);

·        transmit any harmful software code such as viruses;

·        try to gain unauthorised access to computers, data, systems, accounts or networks; or

·        deliberately disrupt the operation of anyone’s website, app, server or business.

How you may use material on any of our site and/or our app

We are the owner or the licensee of all intellectual property rights in our site and our app, and in the material published on our site and/or our app. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from any of our site and/or our app for your personal use and you may draw the attention of others within your organisation to content posted on any of our site and/or our app.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on any of our site and/or our app must always be acknowledged.

You must not use any part of the content on any of our site and/or our app for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of any of our site and/or our app in breach of these Terms of Use, your right to use our site and our app will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on any of our site and/or our app

The content on any of our site and/or our app is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on any of our site and/or our app.

Although we make reasonable efforts to update the information on our site and our app, we make no representations, warranties or guarantees, whether express or implied, that the content on any of our site and/or our app is accurate, complete or up to date.

We are not responsible for websites we link to

Where any of our site and/or our app contain(s) links to other site and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those site or resources.

User-generated content is not approved by us

Our site and our app may include information and materials uploaded by other users, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on any of our site and/or our app do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us on [email protected].

Our responsibility for loss or damage suffered by you

If we breach these Terms of Use or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

If the app damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.

Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

Failures of networks or hardware

Our site and app relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the app store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of our site and app due to a poor internet connection, faulty components in your device, app store failure or anything else that it would not be reasonable to expect us to control.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy

Uploading content to any of our site and/or our app

Whenever you make use of a feature that allows you to upload content to any of our site and/or our app, or to make contact with other users of any of our site and/or our app, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to any of our site and/or our app will be considered non-confidential and non-proprietary. Any such content, whether it constitutes product or service-related testimonials, submissions, or other product or service-related comments, disclosed, submitted or offered to us shall constitute an assignment to us of all worldwide right, title and interest in, to and under all copyrights and other intellectual property rights in all such content. We will own exclusively all such right, title and interest and shall not be in any way limited in its use, commercial or otherwise, of any such content.

We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any content that you submit for any purpose whatsoever, without restriction and without compensating you in any way.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to any of our site and/or our app constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on any of our site and/or our app if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. We may also take any other action that we reasonably deem to be appropriate.

We are not responsible for viruses and you must not introduce them

We do not guarantee that any of our site and/or our app will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and app to access any of our site and/or our app. You should use your own virus protection software.

You must not misuse any of our site and/or our app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to any of our site and/or our app, the server on which any of our site and/or our app is/are stored or any server, computer or database connected to any of our site and/or our app. You must not attack any of our site and/or our app via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site and our app will cease immediately.

Rules about linking to any of our site and/or our app

You may link to any of our site and/or our app, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to any of our site and/or our app in any website that is not owned by you.

Our site and our app must not be framed on any other site, nor may you create a link to any part of any of our site and/or our app other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on any of our site and/or our app other than that set out above, please contact [email protected].

Ending this contract

We can end this agreement if you do not comply with any part of it.

We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.

The consequences of the agreement ending are as follows:

·        you are no longer allowed to use our site and app and we may remotely limit your access to it;

·        you must delete the app from any devices that it has been installed on;

·        we may delete or suspend access to any accounts that you hold with us; and

·        where it has been ended by us because you have not complied with a part of the agreement, you are not, where applicable, entitled to a refund.

Third parties

No one other than us or you has any right to enforce any term of this agreement, unless you are a parent or guardian acting on behalf of someone who is under 18 years.

Which country's laws apply to any disputes?

Please note that these Terms of Use, their subject matter and their formation, are governed by the laws of England, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

You and we both agree that the English courts will have non-exclusive jurisdiction. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.