This policy is drafted in English. If there is a conflict between a translated version and the English version of these terms then, to the extent permitted under applicable law, the English version shall prevail.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE AND OUR APPS
This document is a legally binding agreement between you and Chiaro Technology Limited. This agreement constitutes terms of use (together with the documents referred to in it, including our Privacy Policy which govern the terms on which you may make use of our Elvie apps and the www.elvie.com website (together “our Platforms”).
Please read these terms of use carefully before you use our Platforms. We recommend that you keep a copy of these terms of use for future reference.
PLEASE NOTE: We provide information on our Platforms to help you get the most out of our products and services. However if you have or suspect you might have a health condition the information on our Platforms is not intended to replace medical advice. A qualified medical professional will always be in the best position to assess your condition and make recommendations.
Please consult our FAQs page or contact customer service at questions@elvie.com for any further information you need about our Platforms, products and services. You may also contact us if you would like clarification of any of these terms and conditions.
1. Information about us
Our Platforms are operated by Chiaro Technology Limited (“we/our/us”). We are a company registered in England and Wales with company number 08502405. Our registered office address is Second Floor, 63-66 Hatton Garden, London, England, EC1N 8LE. Our registered VAT number is 172 6300 28.
To contact us, please email questions@elvie.com.
2. The effect of these terms
By using our Platforms you accept these terms. If you do not agree to these terms, you must not use our Platforms.
Ensure that others are aware of these terms. You are responsible for ensuring that all persons who access our Platforms through your internet connection or mobile devices are aware of these terms of use and other applicable terms and conditions, and that those individuals comply with such terms.
We may make changes to these terms. We may amend these terms from time to time. Every time you wish to use our Platforms the terms which are in place at that time will apply. Please check these terms to ensure you understand the terms that apply at that time.
3. Your rights and obligations when you use our Platforms
How you may use material on our Platforms
We are the owner or the licensee of all intellectual property rights in the layout, design, content and graphics on our Platforms, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
The trade marks ‘ELVIE’, ‘Your Most Personal Trainer’ and ‘LVscore’ are UK registered trademarks belonging to us. You may not use those trade marks in any form (including framing, as meta tags or other text) without our prior written approval.
You may print off one copy, take screenshots or download extracts, of any page(s) from our Platforms for your personal use and you may draw the attention of others within your organisation to content posted on our Platforms.
You must not modify the copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You may not create any derivative work or make any adaptation to any work displayed on our Platforms without our prior written consent.
Our status (and that of any identified contributors) as the authors of content on our Platforms must always be acknowledged.
You must not use any part of the content on our Platforms for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Platforms in breach of these terms of use, your right to use our Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Keep your account details safe
Account details include your name, identification name, email address and account password. Your account details may also include you delivery and billing address when you use the elvie.com website.
You must treat your account details as confidential. You must not disclose your account details to any third party.
If you know or suspect that anyone other than you knows your user identification name or password, you must promptly notify us at questions@elvie.com.
Accuracy and completeness of information
We are constantly updating and improving the content provided via our Platforms. As such, it is possible that the products or information provided to you via our Platforms may be unavailable, not as described or otherwise inaccurate. You expressly agree that information obtained by you from our Platforms shall create no warranty on behalf of us. You expressly agree that any offer of a product which is unavailable or not as described does not constitute a legal offer for the purpose of forming a legally binding contract.
The content on our Platforms is provided for general information only. It is not intended to amount to advice on which you should rely.
We recommend that you obtain professional, medical or specialist advice before taking, or refraining from, any action on the basis of the content on our Platforms.
Although we make reasonable efforts to update the information on our Platforms, we make no representations, warranties or guarantees, whether express or implied that the content on our Platform is accurate, complete or up to date.
Please consult the FAQS page or contact customer service at questions@elvie.com if you would like us to clarify any of the information provided by us on our Platforms.
Uploading content to our Platforms
Whenever you make use of a feature that allows you to upload content to our Platforms, or to make contact with other users of our Platforms, you must comply with the content standards set out under the heading “Acceptable Use” below.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Platforms will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platforms constitute a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Platforms if, in our opinion, your post does not comply with these terms and conditions.
You are solely responsible for securing and backing up your content.
We only provide out Platforms for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. Our rights and obligations when you use our Platforms
Termination. We reserve the right to terminate this agreement, and/or the right to terminate or suspend your access to our Platforms or disable your account, at any time if in our reasonable opinion your use of the Platforms breaches any of our terms and conditions, which can include a breach of these terms and conditions of use, a breach of our privacy policy or a breach of our terms and conditions of sale.
Privacy. We are required to keep your personal data safe and secure, and to control and process it in accordance with the Data Protection Act 1998 (the “Act”) and the General Data Protection Regulation (Regulation (EU) 2016/679) (the “Regulation”). Full details of our obligations and your rights can be found in our data protection and privacy policy.
We are not responsible for website/content we link to. Where our Platforms contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We make no representation or warranty, and accept no liability, for material published on any website which is not under our control.
User generated content is not approved by us. Content uploaded to, or linked through, our Platforms should not be interpreted as approval by us of that content or information. We make no representation or warranty, and accept no liability, for material published on our Platforms which is user-generated.
We may make changes to our Platforms. We may update and change our website and our app(s) from time to time to reflect changes to the advice we recommend, information, products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our Platforms. We provide our Platforms to you free of charge. We do not guarantee that our Platforms, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platforms for any reason and at any time. Where, in our view, it is appropriate to do so, we will try to give you reasonable notice of any suspension or withdrawal.
We have rights to use the material you upload. When you upload or post content to our site, you grant us a non-exclusive, worldwide, royalty free, revocable licence to use that content, provided that such use complies with our requirements under privacy and data protection laws.
5. Acceptable use of our Platforms
Prohibited uses of our Platforms. The following uses of our Platforms are prohibited:
Use in any way that breaches any applicable local, national or international law or regulation.
Use in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
Use the purpose of harming or attempting to harm minors in any way.
Sending, knowingly receiving, uploading, downloading, using or re-using any material which does not comply with these terms and conditions.
Transmitting, or procuring the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
Transmitting any materials which are not your own, or that you do not have a right to transmit.
Knowingly transmitting any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Impersonate any entity or person, or otherwise falsely state or misrepresent an affiliation with us, our affiliates or any other person or entity.
Accessing or attempting to access another user’s account without that person’s consent.
Allowing others to access your account, selling access to, reproducing, duplicating or copying any content on the Platforms and/or your account in contravention of these terms.
Contributions uploaded to our Platforms. Any contribution you upload to out Platforms must be accurate, be genuinely held and comply with the applicable law. Content must not:
Be likely to deceive any person.
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful, inflammatory, of a sexually offensive or discriminatory nature.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
6. Linking to our Platforms
You may link to our Platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and you must not establish a link to our Platforms in any other platform that is not owned by you.
Our Platforms must not be framed on any other platform, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The platforms in which you are linking must comply in all respects with the acceptable use standards set out under the heading “Acceptable Use” of these terms and conditions.
If you wish to link to or make any use of content on our Platforms other than that set out above, please contact questions@elvie.com for our permission which may, at our sole discretion, be withheld.
7. Your health
We care about your health and all the information we provide is intended to help you make the best decisions about your own care and wellbeing. However no two customers are the same and advice that may be right for one user may not be right for another. There is no replacement for specialist medical advice from a qualified professional and we strongly recommend you seek such advice before using our products or services, or relying on the information provided via our platforms. This is particularly important if you have any known pre-existing conditions.
By agreeing to these terms you agree that you will seek specialist medical advice from a qualified professionals before using our products and services and before relying on information provided via our Platform.
8. Limitation of liability
We hereby expressly exclude, to the fullest extent permitted by applicable laws, our liability for any direct, indirect, incidental, special or consequential damages which arise as a result of loss due to you using our Platforms, the information provided to you via our Platforms, or the use of our products, even if foreseeable.
We provide no warranty that our Platforms’ functionality will be uninterrupted, not that the Platforms will be available, secure, free of viruses or other harmful components.
We provide no warranty as to the accuracy, quality or fitness for purpose of the information or content displayed on the Platforms.
Nothing in this provision affects our or our contracts’ liability for death or personal injury arising from negligence, nor does it exclude liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under the applicable law.
To the extent that your statutory rights as a consumer cannot be limited, these terms do not limit such rights.
9. Indemnity
You agree to indemnify and hold us, our officers, directors, employees, licensors and other connected persons harmless from any claim, proceedings or demand made by a third party due to, or arising as a result of, a violation by you of our terms and conditions (including our privacy policy and terms and conditions of sale), or any applicable laws, regulations or third party rights.
10. Governing law and jurisdiction
These terms and conditions (and any dispute arising out of, or related to them) shall be governed by the laws of England. You hereby submit to the exclusive jurisdiction of the courts of England and Wales in relation to these terms and conditions (and any dispute arising out of or related to them).