Terms & Conditions
This Site is owned and operated by Fitbug Limited of 10 Utopia Village, 7 Chalcot Road, London, NW1 8LH, registered in England at 8 Baker Street, London, W1U 3LL under company number 05029624 ("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.
Important Liability Statement
- NOT MEDICAL ADVICE: The information available on or through this Site, and the Services supplied via or in connection with this Site, including the Fitbug Lab Kiosk and any feedback on any health questionnaires, 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.
- ACCURACY OF INFORMATION: It is also vital that you supply us with correct information about yourself (including any information supplied by you on the Fitbug Lab Kiosk. 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. In order to continue to provide you with a 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 programmes which we recommend to you may become unsuitable for you.
- NUTRITIONAL ADVICE: Fitbug provides nutritional advice 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 to you but cannot verify the accuracy of the information itself and shall not subject to the paragraph headed "the law" below, be liable for any inaccuracies.
- 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.
- THE KIOSK: The Fitbug Lab Kiosk will measure your blood pressure, weight, resting heart rate and body fat percentage. While these figures can be illustrative of aspects of your general health, there are numerous other relevant factors and the figures measured may not be totally accurate. You should not rely on the figures measured by the Fitbug Lab Kiosk as indicators of your health. Also, the Fitbug Lab Kiosk relies on you supplying accurate information about yourself.
- LIABILITY: We try to make sure that all information that we post on this web site (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 web site (including any articles posted by a third party) or provided through any Service supplied by us to you.
- THE LAW: We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, for fraud, for the condition that we are entitled to supply you with any Product you buy, that they will be of satisfactory quality and fit for purpose, that we will use reasonable care and skill in providing the Services, or for any other liability which may not by applicable law be excluded or limited and we do not do so and your statutory rights as a consumer are not affected. 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.
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 Site or the Fitbug Lab Kiosk 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 URLs www.fitbug.co.uk, www.fitbug.com, www.myfitbug.com or WAP site or replacement site(s) from time to time.
Use of this Site Generally
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 Fitbug's 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 and/or the Fitbug Lab Kiosk 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.
Your Personal Information
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.
Liability
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, the Fitbug Lab Kiosks 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, the Fitbug Lab Kiosks 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.
Password
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.
Suspension and termination of Service
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 paying or do not pay any sums due (including if the credit/debit card you use is not valid or does not work for another reason).
Contract Information
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 (or one of our fulfilment 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.
Pricing, availability and dispatch Information of Products
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 or Service may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where the 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 by Fitbug (or one of our fulfilment partners) to your delivery address as soon as reasonably possible after acceptance of your order and we will wherever possible 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. Fitbug is not liable for loss or damage to Products in transit. If recorded delivery is chosen, you will receive your dispatch notification email with a Royal Mail track and trace number. Once dispatched, Royal Mail will not deem an undelivered parcel to be missing until 15 days has passed. Fitbug cannot send replacement Products until you have notified Fitbug and this 15 day period has expired. Should you receive your original Product at any stage after the replacement Product is delivered to you, you shall return this Product immediately to Fitbug (or one of our fulfilment partners as appropriate).
Warranties
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.
Subscription Services
10.1
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. 3 months, 6 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 Site. Additionally, we may offer promotional subscription Services which offer a one off up front payment fee (e.g. for 3 months) with a commitment to subscribe for e.g. the following 9 months. 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 and pricing explained on the Site.
10.2
If you choose a pay-monthly subscription with no commitment period, the monthly charges will be collected by debit/credit card until we or you cancel your subscription on at least 28 days' notice by contacting us at info@fitbug.com.
10.3
If you choose a subscription with a fixed commitment period (e.g. 6 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 info@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.
10.4
We will collect all monthly fees due (including those due after the end of a fixed commitment period) from the debit/credit card you tell us about upon registration. As stated above, we may suspend or cancel any Services, including your subscription, in the event of problems with the debit/credit card.
10.5
Subject to your cooling off right stated in clause 11 and your statutory consumer rights (which remain unaffected by any of these terms), subscription fees are non-refundable. 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 deducting the balance of payments due immediately.
10.6
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 on info@fitbug.com.
10.7
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.
10.8
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.
Cooling Off Rights
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.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 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 any 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 'Fitbug Returns Dept, c/o Netlynk Direct, Roman Park, Roman Way, Coleshill, Birmingham B46 1HG' or such other address as we may tell you at the time. 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
Third Party Products: You may order products, merchandise or services through the Site 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 provide 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, you or any third party involved or related to the 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.
11.4
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.
Statutory Rights and Refunds
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.
If you are under 18
13.1
Fitbug does not sell Products to children under the age of 18 on this Site or through the Fitbug Lab Kiosk 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 or Services from the Site.
General
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 or use the Fitbug Lab Kiosk. 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, 10 Utopia Village, 7 Chalcot Road, London, NW1 8LH or email info@fitbug.com.
Promotions
15.1
Our "lose 6 inches" and other promotions have terms and conditions attached which you will need to agree to when taking up the promotions. They are in addition to these general terms and conditions.
15.2
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.
15.3
Where a promotion guarantees money back you must make any claim within 1 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).
15.4
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).
15.5
Finally, once again, guarantees only apply if you keep your side of the bargain as set out in the promotion terms and conditions.
Third party contributions
16.1
Articles: Articles on this site may be submitted by third parties and Fitbug is not able to confirm the accuracy or completeness of such content and is not liable for such articles. Again, this Site does not provide medical advice.