App Terms and Conditions

NIIX APP TERMS

 

These App Terms govern your use of our app “niix” and your relationship with niix Limited, Stone Place, Tolhurst Lane, Wadhurst, East Sussex, United Kingdom, TN5 7JG (“niix”, “we” or “us”). Please read them carefully as they affect your rights and responsibilities under the law. If you do not agree to these App Terms, please do not register for or use our app. If you have any questions on these App Terms, please contact info@niix.fit.

These App Terms do not restrict any overriding rights that you may have as a consumer, which law does not allow us to restrict.

1. Use of our app

  • Our app is provided to you for your personal, non-transferable use subject to these App Terms. By using our app you agree to be bound by these App Terms.
  • You should not use our app and should not accept these App Terms if you are a person, business or organisation prohibited from receiving our app under the laws of the United Kingdom or other countries, including the country in which you are resident or from which you use our app.

2. Amendments to these app terms

  • We may update these App Terms from time to time for legal or regulatory reasons or to allow the proper operation of our app. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable notification on our app. The changes will apply to use of our app after we have given notice. If you do not wish to accept the new App Terms you should not continue to use our app. If you continue to use our app after the date on which the change comes into effect, your use of our app indicates your agreement to be bound by the new App Terms.

3. Registration

  • To register on our app you must be over 18 years of age.
  • You must ensure that the details provided by you on registration or at any time are correct and complete.
  • You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
  • You can cancel your registration at any time by logging in and deactivating your account. However, you will not be entitled to a refund except as set out in section 20 (Cancellation) below.

4. Password and security

  • When you register to use our app you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should log in to your account and perform a password reset immediately and notify us by contacting info@niix.fit immediately.
  • If niix has reason to believe that there is likely to be a breach of security, we may require you to change your password or we may suspend your account.

5. Apple app store

  • You have downloaded our app from the Apple app store and you are subject to that app store’s applicable terms and conditions, including any usage rules. This section 5 sets out some terms and conditions which you and we agree to, specifically for the benefit of Apple.
  • niix and you acknowledge that these App Terms are between niix and you, not with Apple. niix, not Apple, are solely responsible for our app and its content.  If these App Terms are more restrictive than Apple’s applicable terms and conditions, the less restrictive term will apply to you.
  • The licence granted to you in section 1 is limited to using our app on hardware / software as permitted under Apple’s applicable terms and conditions.
  • niix and you acknowledge that Apple is not responsible for providing any maintenance and support services for our app.
  • niix, and not Apple, is responsible for the warranties set out in section 13. If we fail to conform to an applicable warranty under these App Terms, you may notify Apple, and Apple will refund the purchase price for our app, if any; other than that, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty by us will be our sole responsibility.
  • niix and you acknowledge that niix, not Apple, are responsible for addressing any claims by you or any third party relating to our app or your possession and/or use of our app, including, but not limited to: (i) product liability claims; (ii) any claim that our app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • niix and you acknowledge that, in the event of any third party claim that our app or your possession and use of our app infringes that third party’s intellectual property rights, niix, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • niix and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these App Terms, and that, upon your acceptance of these App Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these App Terms against you as a third party beneficiary of their terms and condition.

6. How we use information about you

  • niix will collect, use, keep and share information about you in accordance with the niix Privacy Policy and Cookie Policy.
  • We may also collect certain usage statistics relating to your use of our app, including but not limited to version numbers of software and statistical information on how the features in the app are being used.

7. acceptable use policy

  • You may not use our app for any of the following purposes:
    • disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
    • transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
    • interfering with any other person’s use or enjoyment of our app; or
    • making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
  • You will be responsible for our losses and costs resulting from your breach of this section 7.

8. changes to our app

  • We will notify you of available updates to our app via the app store.
  • You acknowledge that if you do not install updates to our app promptly the functionality and security of our app may be affected.
  • You agree niix may stop (permanently or temporarily) making available our app (or any components of it) to you or to end users generally, at our sole discretion, without prior notice to you, except for services you have purchased from us which are accessed through our app.

9. downtime

  • Your access to our app or products or services accessed through it may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

10. our app SUPPORT          

  • niix will use reasonable endeavours to provide technical or other support for our app. Any support which niix provides will be limited to the then current release of our app and the release before that as determined by niix.
  • If niix chooses to provide any technical or other support to you, you agree that with respect to any technical or other information that you provide to niix, niix has an unrestricted right to use such information for its business purposes, including for marketing, support and development.

11. Intellectual property    

  • Our app is protected by copyright, trade marks, database right and other intellectual property rights. Except as required to use our app or otherwise permitted by law, you may not reproduce, modify, copy or distribute or use for commercial purposes any of the code or content of our app without written permission from niix.
  • Nothing in these App Terms gives you a right to use any of niix’s trade names, trade marks, service marks, logos, domain names, or other distinctive brand features.
  • You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be contained in our app.

12. niix’ right to suspend or end your use of our app

  • We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these App Terms.

13. niix RESPONSIBILITies and limitations

  • niix tries to provide our app with a reasonable level of skill and care. However, there are certain things that niix cannot promise, as described below.
  • Except as expressly set out in these App Terms, neither niix nor its suppliers, distributors, or investors, make any specific promises about our app or any products or services available through it.
  • niix will use a reasonable level of skill and care to try to ensure its own content within the app is correct, reputable and of appropriate quality, but it does not make any warranties or guarantees in relation to that content.
  • You acknowledge that software can never be really totally free from bugs and security vulnerabilities. niix does not warrant that use of the app will be secure, accurate, uninterrupted or error free or that it will meet your specific requirements. niix provides the app “as is” and “as available”.
  • You understand that all third party data, products and services you may access through our app are the sole responsibility of the person, company or organisation from which they originated.
  • Our app may include links to third party websites and/or apps which are beyond our control. niix is not responsible for any data, products or services available outside of our app.
  • Part of our app may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that their material complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
  • Some countries provide for certain warranties, such as the implied warranty of satisfactory quality, merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, niix excludes all such warranties.
  • If we are in breach of these App Terms, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you downloaded our app. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
  • These App Terms shall not limit or affect our liability resulting from any products sold through our app being found to be unsafe or if something we do negligently causes death or personal injury or for any other liability which cannot be limited or excluded by applicable law.

14. fitness information

  • Our app contains general fitness information.
  • The fitness information is not advice and should not be treated as such.
  • The fitness information on our app is provided without any representations or warranties, express or implied.
  • Without limiting the scope of section 14.3, we do not warrant or represent that the fitness information on our app:
    • will be constantly available, or available at all; or
    • is true, accurate, complete, current or non-misleading.
  • You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree that you are responsible for your health and well-being in relation to any exercise programme that you may undertake, whether or not such exercise programme uses fitness information from our app.
  • If you are pregnant or suffer from any medical or physical condition or disability, you should not make any changes to your diet, nutrition, lifestyle, activities or exercise programmes based on the fitness information on our app without first consulting your doctor or another suitably qualified professional.
  • You must not rely on the information on our app as an alternative to medical advice from your doctor or other professional healthcare provider.
  • If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
  • If you think you may be suffering from any medical condition, you should seek immediate medical attention.
  • You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our app.
  • Subject to section 13.10, we will not be liable to you in respect of any loss, injury or damage you may suffer as a consequence your reliance upon the information published on our app.

15. disputes and Applicable Law

  • You can find the European Union’s online dispute resolution platform at https://webgate.ec.europa.eu/odr/main. You can use this for resolving disputes with us.
  • These App Terms will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England and Wales.

16. International Use

  • We make no promise that materials on our app are appropriate or available for use in locations outside the United Kingdom, and accessing our app from territories where its contents are illegal or unlawful is prohibited. If you choose to use our app from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

17. Miscellaneous

  • You may not transfer any of your rights under these App Terms to any other person. We may transfer our rights under these App Terms to another business where we reasonably believe your rights will not be affected.
  • If you breach these App Terms and niix chooses to ignore this, niix will still be entitled to use its rights and remedies at a later date or in any other situation where you breach these App Terms.
  • niix shall not be responsible for any breach of these App Terms caused by circumstances beyond its reasonable control.
  • Our app is owned and operated by niix Limited of Stone Place, Tolhurst Lane, Wadhurst, East Sussex, United Kingdom, TN5 7JG.
  • You can contact us:
    • using our website contact form; or
    • by email, using the email address published on niix’s website.
  • These App Terms are in English only.
  • We will not publicly file or save a copy of these App Terms for each transaction via our app and you should save a copy for yourself if you would like to keep them.

18. Prices and Payment

  • Your order is an offer to purchase a paid-for subscription service from us (“Service”). The Service will be made available to you once your payment has been authorised. There will be no contract of any kind between you and us unless and until you make authorised payment for the Service. At any point up until then, we may decline to supply the Service to you without giving any reason.
  • The fee for the Service is calculated and payable in advance as set out at [refer to area of app containing pricing information]. We may vary fees from time to time by posting new fees on our app, but this will not affect fees for Service that have been previously paid.
  • niix shall be under no obligation to provide the Service until the fees have been paid.
  • All prices are expressed inclusive of any VAT payable unless otherwise stated.
  • Payment can be made by debit or credit card. Payments are not processed through pages controlled by us. We use an online payment service provider, Stripe, which will encrypt your card details in a secure environment.
  • If you have asked Stripe to remember your debit or credit card details in readiness for your next purchase, Stripe will securely store your payment details on its systems. These details will be fully encrypted and only be used to process transactions which you have authorised.
  • Authority for payment must be given at the time of placing your order. The cost of your purchase includes a transaction fee that is payable to Stripe. For more details see this link: https://stripe.com/gb/pricing.
  • At the end of any period for which you have paid a fee for Services your subscription will be automatically renewed for an equivalent period and you must pay to us the Service Fee which applies for the renewal unless you cancel the Service using the cancellation facility in our app before the date of renewal.

19. No Commercial Use

  • The Service is available for non-commercial and domestic use only. niix reserves the right to refuse orders from businesses or that we consider are for commercial or other non-domestic concerns. You may not re-sell the Service without the prior written consent of niix.

20. Cancellation

  • You have a right of cancellation for any reason, provided you tell us within 14 days of making your order (but please see section 3, because there are some exceptions to this). To cancel, you have to inform us by making a clear statement to us.  You can do this in any way you like, as long as it’s a clear statement.  For example, you can email info@niix.fit:
  1. To: niix Limited of Stone Place, Tolhurst Lane, Wadhurst, East Sussex, United Kingdom, TN5 7JGI hereby give notice that I withdraw from my contract for the following:
    • [Order number/details]
    • Ordered on: [date]/received on [date]
    • [Name of consumer]
    • [Address of consumer]
    • [Email address of consumer (optional)]
    • [Date]
  • We will reimburse you no later than 14 days from the day on which we receive your cancellation notice, using the same method of payment. We won’t charge you any fees for this.
  • You cannot cancel an order and get a refund if you have asked us to provide the Service already and at the time you asked us to begin doing that, you also waived your right to cancel the order.

21. termination

  • Your access to the Service may be terminated by written notice if you are in material breach of these App Terms and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe your breach of these App Terms affects our lawful operation of the Service or third party customers we may suspend your access to the Service at any time.

 

Company Registration No. 10518245

VAT No. 258 8910 58