Terms and Conditions
(Updated Jan 2022)
- PLEASE READ THESE LICENCE TERMS CAREFULLY
- BY ACKNOWLEDGING CONSENT (SEE ONLINE REGISTRATION PAGE) YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
- IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT PROCEED WITH CREATING YOUR ACCOUNT.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
We are Workathlete Ltd a company registered in England and Wales with Company Registration No: 09617561. Registered Office: 37 Minster Moorgate, Beverley, East Yorkshire, HU17 8HP, United Kingdom and we hereby license you to use:
- The mobile application software (the “Workathlete App”), the data supplied with the software, and any browser-accessible web-based version of the application (we refer to these as our “Apps” or together with the “App”) and any updates or supplements to any of them.
- Any related online or electronic documentation (“Documentation”).
- The training, assessment and other services we offer from time to time that you connect to via the Apps and the content, including Documentations, Reports and Lifestyle assessments, that we provide to you (“Service”).
as permitted in these terms.
There is integration and use of Withings equipment and technology, and by creating a profile with the Workathlete App, it automatically triggers an account with Withings. Their extensive terms and conditions can be found here.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
|Google Play/ Android Market||Google Play Terms of Service:https://www.google.com/mobile/android/market-tos.html||https://policies.google.com/privacy?hl=en|
OPERATING SYSTEM REQUIREMENTS
Use of the Apps requires a smartphone or other internet-enabled device (with a current and up-to-date version of generally industry recognised web browser) with a minimum of 512MB of memory and a current version of a globally recognised and reputable and operating system as may be updated from time to time.
For the Mobile App we recommend running iOS12.1.4 or above or equivalent up-to-date smartphone operating systems.
We cannot guarantee that our Services will work properly if you do not maintain at least our minimum recommended operating system requirements.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please get in touch at email@example.com
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org or your designated service contact if you are using a commercial version of the Apps.
How we will communicate with you. If we have to contact you we will do so by email, using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto any number of devices in order to view, use and display the App and the Service on such devices for your personal purposes only.
- use any Documentation to support your permitted use of the App and the Service.
- provided you comply with the license restrictions in this EULA, you may make up to one (1) copy of the App for back-up purposes; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MUST BE 16 TO ACCEPT THESE TERMS AND USE THE APP
You must be 16 or over to accept these terms and use the App and you must not use the Apps without both your parent or guardian’s consent and our express permission where you are under the age of 16
YOU MAY NOT TRANSFER YOUR RIGHT TO ACCESS THE APPS TO SOMEONE ELSE
We are giving you personally the right to access the App and to use the Service. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any Device on which the App is installed, we ask that you remove the App from that Device as you understand that any other person might be able to use any saved information you left on that device in relation to the App. If you permit access to the Apps by any third party, you are responsible for that third party’s use of the Apps as though it was you using them.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or as our services grow and change over time as we develop our services generally. Where these changes will remove significant functionality or result in a material detriment to your use of the Apps then we will normally try to give you, or your representative, at least 30 days’ notice of any change with details of the change or notifying you of a change when you next start the App.
If you do not accept the changes we apply to the Apps you may not be permitted to continue to use the Apps or elements of their functionality may be limited partially or fully and you will not be due any refund (if the App is either provided to you for free or paid for by your representative).
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
In relation to the Mobile App, If you choose not to install such updates on your mobile Device or if you opt-out of automatic updates then you may not be able to continue using the Apps or any of our Services on your mobile.
The Apps will always match the description of them as provided to you at the time you downloaded the Apps, except as we apply changes in accordance with this Agreement or our other terms and policies from time to time.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the Apps onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the Apps or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our Apps, products and the Services generally.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The Apps or any of our Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- except in the course of permitted sharing (see “HOW YOU MAY USE THE APPS”) not rent, lease, sub-license, loan, provide, or otherwise make available, the Apps or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the Apps, Documentation or Services, except as part of the normal use of the Apps or where it is necessary for the purpose of back-up or operational security (you can make a maximum of one copy for this purpose unless we explicitly tell you otherwise), for example, you do not need to make a copy of the Web App because we host it;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Apps, Documentation or Services nor permit any App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Apps and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Apps or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the Apps or with another program (the “Permitted Objective”), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes things that no one is allowed to restrict their liability for by law. It includes liability for death or personal injury caused by our negligence or where that death or personal injury is caused by the negligence of our employees, agents or subcontractors or for where we commit fraud or fraudulent misrepresentation.
When we are liable for damage to your property. In the very unlikely event that defective digital content that we have supplied actually damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. As an End-User the Apps are for your own personal, domestic and private use. If you use the Apps for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity unless expressly agreed in another agreement with you or your employer.
Limitations to the App and the Services. The App and the Services are provided for the purposes of your personal and private use only. Though we strive to create services that provide as accurate an analysis as possible of any data or input you provide the Apps do not offer advice on which you should solely rely. We strongly recommend that you obtain professional or specialist advice before taking, or refraining from, any serious action on the basis of information obtained from the Apps or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the Apps and the Services are suitable for you. The Apps and the Services are out of the box standard products designed to provide a specific end that we have designed and the Apps have not been developed to meet your individual or other specific requirements. Please check that the facilities and functions of the Apps and the Services (as described on the relevant app store or market site and in the Documentation) meet your requirements before you download or use them.
We are not responsible for events outside our control. If our provision of the Services or support for the Apps or the Services is delayed or prevented by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
WE MAY END YOUR RIGHTS TO USE THE APPS AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the Apps and Services at any time by contacting you if you have broken these terms, or the terms and conditions or other rules imposed on you by your employers or any other third parties we work within a serious way. If what you have done can be put right we may give you a reasonable opportunity to do so, but we will always reserve the right to terminate your access to the Services.
If we end your rights to use the Apps and Services:
- You must stop all activities authorised by these terms, including your use of the Apps and any Services.
- You must delete or remove the Apps from all devices in your possession and immediately destroy all copies of the Apps which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the Apps from them and cease providing you with access to the Services.
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 NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the Centre for Effective Dispute Resolution (CEDR) to begin the Model Mediation Procedure. Unless otherwise agreed between the parties within 14 working days of notice of the dispute, the mediator will be nominated by CEDR. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform