WithU Holdings Limited
TERMS AND CONDITIONS FOR USE OF WITHU CONTENT
PLEASE READ THESE TERMS CAREFULLY. THEY APPLY WHERE YOU ACCESS CONTENT CREATED BY OR LICENSED TO WITHU, WHETHER THROUGH WITHU’S WEBSITE, OR THROUGH A THIRD PARTY APPLICATION OR DEVICE (‘WITHU CONTENT’).
BY ACCESSING WITHU CONTENT, YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS THE WITHU CONTENT.
WHO WE ARE AND WHAT THESE TERMS DO:
We WITHU HOLDINGS LIMITED of The Carriage House, Mill Street, Maidstone, Kent, United Kingdom, ME15 6YE license you to access and use Withu Content as permitted in these terms.
These terms were last updated on 13 October 2023.
WHAT IS WITHU CONTENT
WithU has created a fitness app and associated services to allow users to optimise their workouts, health and fitness regimes. The app incorporates WithU Content as well as additional features, and functions.
In some situations we make available WithU Content separate and independently of the app whether ourselves or via third party services, apps and devices. The WithU Content has been created using the advice and support of experts in the fitness and wellness market. Professional trainers have designed the exercise programmes.
WITHU CONTENT IS NOT A SUBSTITUTE FOR PROPER MEDICAL ADVICE
Although the WithU Content has been developed using advice and support from leading experts in the fitness and wellbeing market, it has not been designed for you specifically. We do not know the state of your health or any particular physical strengths or weaknesses. It is not intended to provide or replace medical advice. Always seek the advice of your physician or other qualified health provider prior to starting or changing any exercise or fitness regime or if you develop any discomfort or other health condition as a result of using any WithU Content.
If you have a pacemaker, or are on any medication or have any other medical condition, you need to take special care when following any exercise and fitness regime, and should seek advice prior to commencing any new exercise or fitness regime.
You may have the possibility of your connecting a third party device, such as a heart rate monitor, to the WithU Content. Doing so may enhance your experience of the WithU Content, but you do so at your own risk. WithU cannot take responsibility for the accuracy or appropriateness of the device.
**YOUR PRIVACY **
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://withutraining.com/privacy.html and it is important that you read that information.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send by email or through our Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
** HOW TO TELL US ABOUT PROBLEMS **
Contacting us (including with complaints). If you think any WithU Content is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org
**YOU MUST BE 18 TO ACCEPT THESE TERMS **
You must be 18 or over to accept these terms.
**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 from time to time. Please ensure that you have read the most up-to-date version of our terms when using the WithU Content.
**LICENCE RESTRICTIONS **
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the WithU Content in any form, in whole or in part to any person without prior written consent from us;
- not copy the WithU Content, except as part of the normal use of the WithU Content or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the WithU Content nor permit the WithU Content or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the WithU Content on devices as permitted in these terms;
- not create derivative works based on the whole or any part of the WithU Content, nor attempt to do any such things,
**ACCEPTABLE USE RESTRICTIONS **
- not use the WithU Content in the course of a business or to provide a service to any third party whether or not for payment or reward;
- not use the WithU Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;
- not infringe our intellectual property rights or those of any third party in relation to your use of the WithU Content, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not use the WithU Content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
**INTELLECTUAL PROPERTY RIGHTS **
All intellectual property rights in the WithU Content throughout the world belong to or are licensed to us and the rights in the WithU Content is licensed (not sold) to you. You have no intellectual property rights in, or to, the WithU Content other than the right to use it 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. 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 liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We have worked extremely hard to ensure that the WithU Content is compatible with your device (or at least a device of the type you have). We cannot prevent all risks, such as in the event that the WithU Content is incompatible with your device, due to other apps that you have on it, or if you have modified your device in some way. Therefore, if digital content that we have supplied damages a device or other digital content belonging to you, we will not be responsible for any damage caused except where the damage is our fault.
**We are not liable for business losses. ** The WithU Content is for domestic and private use. If you use the WithU Content in breach of these terms 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.
Limitations to the WithU Content. The WithU Content is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the WithU Content. For the avoidance of doubt, we make no representations, warranties or guarantees, whether express or implied, that any information in the WithU Content is accurate, complete or up to date.
THE WITHU CONTENT IS NOT A SUBSTITUTE FOR PROPER MEDICAL ADVICE. *Without limitation to the above restrictions, the WithU Content is not intended to provide or replace medical advice. **Always seek the advice of your physician or other qualified health provider prior to starting or changing any exercise or fitness regime or if you develop any discomfort or other health condition as a result of using the WithU Content.*
Check that the WithU Content is suitable for you. The WithU Content has not been developed to meet your individual requirements, so please check that the WithU Content meets your requirements.
Without limitation to the foregoing, users that have a pacemaker, have any physical limitations or health conditions, or are on any medications should seek specific medical guidance before using the WithU Content.
If we or any of our licensees offer the opportunity for you to connect one or more third party devices to the WithU Content, we cannot take responsibility for your use of those devices, their accuracy or appropriateness for you.
We are not responsible for events outside our control. If our provision of the WithU Content is interrupted or delayed by an event outside our control then we will take steps to minimise the effect of the interruption or delay. Provided we do this we will not be liable for interruptions or delays caused by the event.
Our maximum liability to you. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the WithU Content, whether express or implied, including any guarantee that the WithU Content will meet your requirements other than as specifically set out in these terms and conditions. The maximum aggregate liability of WithU under these terms (other than where liability may not by law be limited) is £50 per user.
**WE MAY END YOUR RIGHTS TO USE THE WITHU CONTENT IF YOU BREAK THESE TERMS **
We may end your rights to use the WithU Content at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the WithU Content:
- You must stop all activities authorised by these terms, including your use of the WithU Content.
- You must delete or remove all WithU Content from all devices in your possession and confirm to us that you have done this.
**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 **
These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to any other person to enforce any of these terms.
**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 these terms, we can still enforce them 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 these terms, 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 WithU Content in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the WithU Content in either the Northern Irish or the English courts.