Active Points

Terms of use

[vc_row][vc_column][vc_column_text]General Terms

Active Points Live is a fitness platform comprising developed and operated by the licensor, Activpoints UK Ltd (“Activpoints UK Ltd”).

This Section 1: General Terms, applies to all users of the Licensed Application.

  1. License

The Licensed Application is licensed, not sold, to You for use only under the terms of this license, Activpoints UK Ltd reserves all rights not expressly granted to You.

You must be at 18 years of age or older to use the licensed application.

  1. Scope of License

This license granted to You for the Licensed Application by Activpoints UK Ltd is limited to a non- transferable license to use the Licensed Application on any device that You own or control. This license does not allow You to use the Licensed Application on any device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Activpoints UK Ltd and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Activpoints UK Ltd that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

  1. Consent to Use of Data

You agree that Activpoints UK Ltd may collect and use, personal and technical data, and related information. You confirm that You have read and understood the Activpoints UK Ltd Data Privacy Policy (incorporated by reference into this agreement and available in the Licensed Application) and consent to the use of data as described therein. If You do not agree to be bound by all of the terms of this agreement, including those in the Activpoints UK Ltd Data Privacy Policy, You should not use the Licensed Application.

  1. Termination

The license is effective until terminated by You or Activpoints UK Ltd. Your rights under this license will terminate automatically without notice from Activpoints UK Ltd if You fail to comply with any term(s) or the spirit of this license, or otherwise create risk or possible legal exposure for Activpoints UK Ltd. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

  1. Services – Third Party Materials

The Licensed Application may enable access to Activpoints UK Ltd’s and third party services (collectively and individually, (Services). Use of Licensed Applications may require internet access and You accept additional terms of service applicable to those Services.

You understand that by using the Licensed Application, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use Licensed Applications at Your sole risk and that Activpoints UK Ltd shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using Licensed Applications, You acknowledge and agree that Activpoints UK Ltd is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Activpoints UK Ltd does not warrant or endorse and does not assume, and does not have, any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.

Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Activpoints UK Ltd, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of Licensed Applications. No portion of Licensed Applications may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Licensed Applications, in any manner, and You shall not exploit Licensed Applications in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use Licensed Applications in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Activpoints UK Ltd is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of Licensed Applications.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to are not available in all languages or in all countries. Activpoints UK Ltd makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Activpoints UK Ltd, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Activpoints UK Ltd be liable for the removal of or disabling of access to any such Services. Activpoints UK Ltd may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

  1. No Warranty

You expressly acknowledge and agree that use of the licensed application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application (“services”) are provided “as is” and “as available”, with all faults and without warranty of any kind, and Activpoints UK Ltd hereby disclaims all warranties and conditions with respect to the Licensed Application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Activpoints UK Ltd does not warrant against interference with your enjoyment of the Licensed Application, that the functions contained in, or services performed or provided by, the licensed application will meet your requirements, that the operation of the Licensed Application or Services will be uninterrupted or error-free, or that defects in the Licensed Application or Services will be corrected. No oral or written information or advice given by Activpoints UK Ltd or its authorized representative shall create a warranty. Should the Licensed Application or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

  1. Limitation of Liability

To the extent not prohibited by law, in no event shall Activpoints UK Ltd be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Activpoints UK Ltd has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Activpoints UK Ltd’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty dollars (US$20.00) or equivalent amount in your local currency. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose

  1. Export

You may not use or otherwise export or re-export the Licensed Application except as authorized by English law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202- 1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

  1. Sharing Your Content and Information

You own all of the content and information you post on the Licensed Application, and you can control how it is shared through your privacy settings.

For content that is covered by intellectual property rights, including photos and videos, your profile, comments, messages and the events that you host, attend and share (IP Content), you specifically give us the following permission, subject to your privacy settings: (i) you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Licensed Application ( the IP License). The IP License ends when you delete your IP Content or your account unless your content has been shared with others, and they have not deleted it; (ii) when you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (and will be available to others when cached on their device) and that IP Content relating to bookings and attendance will remain in the records of business users for legitimate business purposes such as record keeping; (iii) when you publish IP Content or information using the Public setting, it means that you are allowing everyone on Activpoints UK Ltd to access and use that information, and to associate it with you; when you publish IP Content using the Community Setting, Activpoints UK Ltd users in your Network and who use the same businesses as you will be able to access that information and associate it with you; when you publish IP Content using the Network setting, it means that you are allowing anyone in your Network to access and use that information and associate it with you; when you publish IP Content or information using the Private setting, it means that only those people that you select can access and use that information and associate it with you. You agree to be bound by the terms of the Activpoints UK Ltd Data Privacy Policy.

  1. Safety

The safety of our users is our primary concern. Activpoints UK Ltd wants the Licensed Application to be safe and enjoyable. Activpoints UK Ltd does its best to keep the Licensed Application safe, but cannot guarantee it. You acknowledge that you have read and agree to the terms of the Activpoints UK Ltd Code of Conduct (incorporated into this agreement by reference and available to view in the Licensed Application) and includes the following commitments by you: (i) You will not post unauthorized commercial communications (such as spam) on the Licensed Application; (ii) You will not collect users’ content or information, or otherwise access the Licensed Application, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission; (iii) You will not upload viruses or other malicious code; (iv) you will not solicit login information or access an account belonging to someone else; (v) you will not threaten, bully, intimidate, or harass any user; (vi) You will not post content that is hate speech, threatening, pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (vii) You will not use the Licensed Application to do anything unlawful, misleading, malicious, or discriminatory; (viii) You will not do anything that could disable, overburden, or impair the proper working or appearance of Activpoints UK Ltd, such as a denial of service attack or interference with page rendering or other Licensed Application functionality; (ix) You will not facilitate or encourage any violations of this agreement or our other policies; (x) You will adhere to the Activpoints UK Ltd Code of Conduct.

You are solely responsible for your interactions with other users. You understand that Activpoints UK Ltd does not conduct criminal background checks or screenings on its users. Activpoints UK Ltd also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. Activpoints UK Ltd makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. Activpoints UK Ltd reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.

11        Governing law and jurisdiction

You will resolve any claim, cause of action or dispute (and any non-contractual obligation arising out of it) you have with us arising out of or relating to these Terms under English law and you agree to submit to the personal jurisdiction of the courts of England and Wales for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on the Licensed Application, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although Activpoints UK Ltd provides rules for user conduct, it cannot control or direct users’ actions on the Licensed Application and is not responsible for the content or information users transmit or share on it. Activpoints UK Ltd is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Licensed Application. Activpoints UK Ltd is not responsible for the conduct, whether online or offline, or any user of the Licensed Application.

  1. Protecting Other People’s Rights

You must respect other people’s rights. You agree that at all times when using the Licensed Application: (i) You will not post content or take any action on Active Points Live that infringes or violates someone else’s rights or otherwise violates the law; (ii) We can remove any content or information you post on the Licensed Application if Activpoints UK Ltd believes that it violates these terms or our other policies. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal; (iii) If You repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate; (iv) You will not use our copyrights or trademarks (Activpoints UK Ltd logo), or any confusingly similar marks, except as expressly permitted by us, in writing; (v) You will not post anyone’s identification documents or sensitive financial information on Active Points Live; (vi) You will adhere to our Code of Conduct.

  1. Registration and Account Security

Licensed Application users must provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account: (i) You will not provide any false personal information on the Licensed Application, or create an account for anyone other than yourself without permission; (ii) You will not create more than one personal account; (iii) If we disable your account, you will not create another one without our permission; (iv) You will not use your personal newsfeed primarily for your own commercial gain. If you are a Gym, club or fitness professional you set up a “Gym Account” for such purposes; (v) You will not use the Licensed Application if you are under 18; (vi) You will not use the Licensed Application if you are a convicted sex offender; (vii) You will keep your contact information accurate and up-to-date; (viii) You are responsible for the security of your account. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; (ix) You will not transfer your account to anyone without first getting our written permission; (x) If you select a username or similar identifier for your account we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

  1. Assignment

Activpoints UK Ltd has the right to assign this agreement and its rights under it to any party of its choosing. You have no right of assignment except with express written permission from Activpoints UK Ltd.

  1. Special Provisions Applicable to Users Outside the EEC

The following provisions applies if you interact with Activpoints UK Ltd outside the EEC: (i) You consent to having your personal data transferred to and processed in the EEC; if you are located in a country embargoed by the United Kingdom or the EEC you will not engage in commercial activities on the Licensed Application. You will not use Activpoints UK Ltd if you are prohibited from receiving products, services, or software originating from the United Kingdom or European Union.

  • Rewards

Active Points is a feature of the Licensed Application which may be withdrawn, without notice, at any time. Reward points held by You at the time of withdrawal will be lost. You cannot transfer Reward Points into another scheme or exchangeable for a cash equivalent.

The numeric value of points rewarded on Active Points may be changed, by Activpoints UK Ltd at any time, without notice, at its sole discretion.

The Rewards provided on Active Points are provided by third parties (Reward Providers) to Activpoints UK Ltd users. Activpoints UK Ltd provides no representation or warranty whatsoever about the products and services available in Activpoints UK Ltd Rewards. You acknowledge and agree that Activpoints UK Ltd has no responsibility or liability whatsoever in relation to the redemption, delivery, quality or any of any offers you access through Activpoints UK Ltd Rewards. Any transaction you enter into in relation to a Activpoints UK Ltd Reward is solely with the Reward Provider and not with Activpoints UK Ltd.

Activpoints UK Ltd endeavours to ensure that the Rewards listed are up to date and available. However you acknowledge and accept that Rewards may be removed from sale at any time without notice and, once activated, may not be redeemable. Activpoints UK Ltd has no liability whatsoever to you in relation to the unavailability or otherwise of a Activpoints UK Ltd Reward.

Activating a Activpoints UK Ltd Reward does not guarantee that you will be able to redeem that reward. Redemption of Activpoints UK Ltd Rewards is subject to their availability and the terms provided by the Reward Provider.

The Activpoints UK Ltd Reward system may be terminated without notice. In this event ant accumulated Activpoints UK Ltd Reward points will cease to exist. You agree to use the Activpoints UK Ltd Reward system in good faith and not to abuse the system by artificially generating Reward Points.

17     Payment processing

Activpoints UK Ltd uses Stripe, a major global payment provider, to process all transactions on the Licensed Application. Activpoints UK Ltd does not store your payment or card details. You acknowledge and accept that payment-processing errors are not the responsibility of Activpoints UK Ltd.

18    License Grant to Activpoints UK Ltd

You hereby grant to Activpoints UK Ltd a worldwide, perpetual, irrevocable, transferable, sub- licensable, royalty-free license (a) to modify, copy, distribute and incorporate into the Licensed Application (without attribution of any kind) any suggestions, enhancement request, recommendations, proposals, correction or other feedback or information provided by you relating to the Licensed Application or Activpoints UK Ltd’s business; and (b) to use your business name(s), trademarks, service marks or logos (collectively, “Your Marks”) in connection with providing the Licensed Application and for marketing and promotional purposes in connection with Activpoints UK Ltd’s business.

Activpoints UK Ltd agrees that any use by Activpoints UK Ltd of any of Your Marks will inure solely to the benefit and goodwill of your business. Other than those rights specifically granted to Activpoints UK Ltd herein, all right, title and interest in and to Your Marks are expressly reserved by you.

  • Other

This license is an agreement between You and Activpoints UK Ltd Limited; (ii) This license (together with the Activpoints UK Ltd Data Privacy Policy and Activpoints UK Ltd Code of Conduct incorporated by reference herein) make up the entire agreement between You and the Activpoints UK Ltd Limited, and supersedes any prior agreements.

If any portion of This license is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of these Terms, it will not be considered a waiver.
Any amendment to or waiver of This license must be made in writing and signed by us.

Nothing in this license shall prevent us from complying with the law; (ix) This license does not confer any third party beneficiary rights.

Activpoints UK Ltd reserves all rights not expressly granted to you.

You will comply with all applicable laws when using or accessing The Licensed Application and Licensed Applications.

  • Severability

If any provision of these Terms, or the application thereof under certain circumstances, is held to be invalid or unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms, or the application of such provision under other circumstances, shall remain in full force and effect.

Terms of Use for Active Points Live

Active Points Live is owned and operated by Activpoints UK Ltd Limited, a company registered in England and Wales with registered number 09350176 Registered office International House, 24 Holborn Viaduct, London, EC1A 2BN Visitors to this web site are bound by the following terms and conditions so please read these carefully before going on. For the purposes of these terms and conditions, “this web site” means the Active Points Live web site.

Disclaimer

All information or advice provided as part of this web site is intended to be general in nature and you should not rely on it in connection with the making of any decision. Activpoints UK Ltd Limited tries to ensure that all information provided as part of this web site is correct at the time of inclusion on the web site but does not guarantee the accuracy of such information. Activpoints UK Ltd Limited is not liable for any action you may take as a result of relying on such information or advice or for any loss or damage suffered by you as a result of you taking this action.

Activpoints UK Ltd Limited reserves the right to monitor any information transmitted or received through this web site.

Terms and Conditions

This web site contains material including text, photographs and other images and sound, which are protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by Activpoints UK Ltd Limited or have been licensed to it by the owner(s) of those rights so that it can use this material as part of this web site.

This web site also contains trademarks, including the mark Activpoints UK Ltd. All trademarks included on this web site belong to Activpoints UK Ltd Limited or have been licensed to it by the owner(s) of those trademarks for use on this web site.

You may:

 

  • access any part of the web site;
  • print off one copy of any or all of the pages for your own personal reference.

You may not:

  • copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use any material contained in the web site except as set out under “You may”. These restrictions apply in relation to all or part of the material on the web site;
  • remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the web site;
  • link to this web site;

without our express written consent.

If you wish to provide a hypertext or other link to this web site, please obtain our consent in advance.

Changes to Terms and Conditions

Activpoints UK Ltd Limited may change the terms and conditions and disclaimer set out above from time to time. By browsing this web site you are accepting that you are bound by the current terms and conditions and disclaimer and so you should check these each time you revisit the site.

Changes to/ operation of Web Site

Activpoints UK Ltd Limited may change the format and content of this web site at any time.

Activpoints UK Ltd Limited may suspend the operation of this web site for support or maintenance work, in order to update the content or for any other reason.

Activpoints UK Ltd Limited reserves the right to terminate access to this web site at any time and without notice.

Data Protection

Personal details provided to Activpoints UK Ltd Limited through this web site will only be used in accordance with our privacy policy. Please read this carefully before going on. By providing your personal details to us you are consenting to its use in accordance with our privacy policy.

Jurisdiction

These terms and conditions are governed by and to be interpreted in accordance with English law and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the web site whether in contract or tort or otherwise the English courts will have non-exclusive jurisdiction over such dispute.

  • Contact

Activpoints UK Ltd Limited is a private limited company registered in England and Wales with registered number 09350176. Our registered office is at c/o International House, 24 Holborn Viaduct, London, EC1A 2BN Please contact us by email at info@activepoints.co.uk[/vc_column_text][/vc_column][/vc_row]