Terms of Use

Last Updated: 6th June, 2020

Overview

Please read these terms and conditions carefully before using Our Service.

Interpretation 

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The words of which the initial letter is capitalised have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions 

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For the purposes of these Terms and Conditions:

  * Application means the software program provided by the Company downloaded by You on any electronic device, named 360

  * Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

  * Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  * Account means a unique account created for You to access our Service or parts of our Service.

  * Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to 360 Health & Performance Ltd, Fryern House, 125 Winchester Road, Chandlers Ford, Hampshire, United Kingdom, SO53 2DR.

  * Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  * Country refers to: United Kingdom

  * Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.

  * Service refers to the Application.

  * Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

  * Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  * Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  * You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use

of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of

Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. The website link is:

https://www.360hpi.com/privacy-policy/

Introduction

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Our Services enable you to measure subjective and objective health-related information, learn about your health and wellness over time and improve your overall wellbeing. The Services are provided to you by Company in connection with providers, such as Polar Electro. For more information on Polar Electro health devices, and the warranty of their devices, please visit https://support.polar.com/uk-en/support/warranty. The Company has no legal connections to Polar Electro, and is not responsible for quality assurance or warranty of Polar products.

Subscriptions 

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Subscription period 

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The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations 

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You may cancel Your Subscription renewal by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing 

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You shall provide the Company with accurate and complete billing information including full name, address, state, post code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes 

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The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds 

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Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

User Accounts 

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When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account

on Our Service.

You are responsible for safeguarding the password and/or SMS code that You use to access the Service and for any activities or actions under Your password and/or SMS code, whether Your password and/or SMS code is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password and/or SMS code to any third party.

You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

Content 

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Your Right to Post Content 

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Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.

You represent and warrant that:

(i) the Content is Yours (You own it) or You have the right to use it and

(ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Your Right to be Forgotten

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Under EU Regulation 2016/679 General Data Protection Regulation (“the GDPR”) (Article 28, paragraph 3), the Data Controller is required to put in place an agreement in writing between the Data Controller and any organisation which processes personal data on its behalf governing the processing of that data. Our Service seeks to protect the Your privacy by ensuring the Company complies with GDPR legislation wherever in the world you access the Service. This includes the ‘Right to be Forgotten’.

The ‘Right to be Forgotten’ states that:

“The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds apply:

  • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • the data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1), or point (a) of Article 9 (2), and where there is no other legal ground for the processing;
  • the data subject objects to the processing pursuant to Article 21 (1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2);
  • the personal data have been unlawfully processed;
  • the personal data have to be erased for compliance with a legal obligation in the United Kingdom, Union or Member State law to which the controller is subject;
  • the personal data have been collected in relation to the offer of information society services referred to in Article 8 (1).”

For more information on Our Data Protection Policy please visit the following website link: https://www.360hpi.com/data-protection-policy/

We will not pass your personal information on to any third parties under any circumstances without first obtaining your express permission to do so.

Content Restrictions 

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The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or

any third person using Your account. You may not transmit any Content that is unlawful, offensive, upsetting,

intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  * Unlawful or promoting unlawful activity.

  * Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

  * Spam, machine – or randomly – generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.

  * Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.

  * Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

  * Impersonating any person or entity including the Company and its employees or representatives.

  * Violating the privacy of any third person.

  * False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups 

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Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy 

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Intellectual Property Infringement 

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We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your

notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing Your copyright.

You may submit a notification pursuant to the Copyright, Designs and Patents Act 1988. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged

content from the Service. You can contact our copyright agent via email at [email protected].

Intellectual Property 

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The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company.

All user-facing material, and all underlying material such as code, software and databases, and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. 

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

By accepting these Terms and Conditions, you hereby undertake:

  • Not to copy, download or otherwise attempt to acquire any part of Our Service;
  • Not to disassemble, decompile or otherwise reverse engineer Our Service;
  • Not to allow or facilitate any use of Our Service that would constitute a breach of these Terms and Conditions; and
  1. Not to embed or otherwise distribute Our Service on any website, ftp server or similar.

Links to Other Websites 

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Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination 

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We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability 

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Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 GBP if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Disclaimers

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“AS IS” and “AS AVAILABLE” Disclaimer 

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The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:

(i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;

(ii) that the Service will be uninterrupted or error-free;

(iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv)that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

User Disclaimer 

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The Service and any results or content displayed via the Service or any accompanying documentation (whether provided in electronic form or otherwise) do not constitute medical advice and are not intended to be a substitute for professional medical advice, diagnosis or treatment. The Service is not intended to treat or prevent any medical condition. All Content available through the Service is for general information purposes only. Use of the Service does not create any medical-patient relationship. You should always consult a qualified and licensed medical professional prior to beginning or adjusting any diet, exercise or lifestyle programme. For more information, visit our full User Disclaimer page here: https://www.360hpi.com/app-user-disclaimer/ 

If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Service or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Service.

Governing Law 

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This Terms and Your use of the Service will be governed by and construed in accordance with English Law and will be subject to the exclusive jurisdiction of the English Courts. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution 

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If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For United Kingdom and European Union (EU) Users 

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If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions 

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If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance 

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You represent and warrant that

(i) You are not located in a country that is subject to the United Kingdom government embargo, or that has been designated by the United Kingdom government as a “terrorist supporting” country, and

(ii) You are not listed on any United Kingdom government list of prohibited or restricted parties.

Severability and Waiver 

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Severability 

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If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver 

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Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation 

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These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions 

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We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us 

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If you have any questions about these Terms and Conditions, You can contact us:

  * By email: [email protected]