Terms and Condition
1. The licences granted to you for the use of the OneFitPlus App and OneFitPlus Website(s).
(i) download, install and use the OneFitPlus App, and any updates to it provided by OneFitPlus from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and
(ii) access and browse the OneFitPlus Website(s) for your personal use only.
2. User age restrictions
The OneFitPlus App and OneFitPlus Website(s) are not intended for use by children under the age of 13. If you are under the age of 13 you must not use the OneFitPlus App and OneFitPlus Website(s). If we discover that any such use is taking place we will immediately terminate any relevant user account(s) facilitating such use. If you are below the age of 16, you must have obtained the consent of your parent or legal guardian to your use of the OneFitPlus App and OneFitPlus Websites(s).
3. Rights to the OneFitPlus App, OneFitPlus Website(s) and their content
(i) any rights in or to our intellectual property rights or those of our affiliates, or
(ii) any intellectual property rights and other rights in or to the OneFitPlus App or OneFitPlus Website(s) or any contents of either.
“HealthCoins ” is the trade mark of OneFitPlus and we hold registered and unregistered trade mark rights in respect of this name.
Where you submit any content or data including but limited to your age, gender, birthday, location, exercise data, name, device information and preferences whatsoever (“Content”) to the OneFitPlus App or OneFitPlus Website(s), including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to the OneFitPlus App, OneFitPlus Website(s) and our business from time to time.
We welcome any feedback or suggestions for improvements relating to the OneFitPlus App, OneFitPlus Website(s) and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.
4. Use of the OneFitPlus App
In order to use the OneFitPlus App, you must create a user account (a “HealthCoins Account”). You are responsible for all uses of your HealthCoins Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your HealthCoins Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your HealthCoins Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.
Your HealthCoins Account logs details of all HealthCoins generated by you and any transfers of HealthCoins to or from your HealthCoins Account. Please review your HealthCoins Account regularly. If you identify any erroneous transaction or unexpected activity on your HealthCoins Account, or you believe that the security of your HealthCoins Account has been compromised, you must let us know as soon as possible.
Different membership levels may apply to the HealthCoins Accounts of different users and, depending on the membership level you hold, your entitlement to access functionality of the OneFitPlus App or generate HealthCoins may vary.
When using the OneFitPlus App on your mobile device, you acknowledge and agree that HealthCoins operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.
The OneFitPlus App stops generating HealthCoins on your mobile device if you do not open the OneFitPlus App for 30 days. Generation of HealthCoins restarts once you next open the app.
“HealthCoins ” are units of exchange that users of the OneFitPlus App may generate through verified physical movement (e.g. steps). HealthCoins may be used to redeem products, services and other benefits via the App, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that HealthCoins may not be redeemed for cash from OneFitPlus or any of its affiliates, unless we expressly agree otherwise with you in writing.
We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate HealthCoins using the OneFitPlus App (for example, and without limitation, we may alter from time to time the verification algorithm or the number of verified steps required to generate a HealthCoins ). Details of eligibility criteria and the volumes of verified movement required to generate HealthCoins from time to time are provided within the FAQ section of the OneFitPlus App. Movement verification conducted by our algorithms is considered final and cannot be revised or reversed.
We may cap the maximum amount of HealthCoins that users of the OneFitPlus App may generate each day using the OneFitPlus App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may alter such caps from time to time.
We may from time to time impose HealthCoins -denominated charges for the use of the OneFitPlus App or to enable specific functionality of the OneFitPlus App. Where we do this we will be entitled to deduct the applicable number of HealthCoins from your HealthCoins Account required to meet the applicable HealthCoins -denominated charges and we may retain and use the HealthCoins that we deduct for our own benefit. We will always be transparent about any applicable HealthCoins -denominated charges and details of any such charges are provided within the FAQ section of the OneFitPlus App.
To illustrate, and without limiting our rights under the preceding paragraph, we may elect to impose a HealthCoins -denominated commission charge on the generation of HealthCoins entitling us to deduct a proportion of the HealthCoins that you generate. We may also impose recurring HealthCoins -denominated charges in relation to certain membership level categories. Details of any applicable rate of commission on HealthCoins generation from time to time, and any HealthCoins -denominated charges applicable to the different membership levels are provided in the FAQ section of the OneFitPlus App.
We reserve the right to impose charges in relation to the use of OneFitPlus App in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via the OneFitPlus App. The currency and amount of any such charges may be determined by us in our absolute discretion.
The OneFitPlus App allows you to send HealthCoins to third party users of the OneFitPlus App. Please ensure that you have verified the identity of the recipient of the relevant HealthCoins before sending them. We may make available functionality enabling the donation of HealthCoins to charity.
6. Acceptable Use
You agree that you shall not:
(a) seek to generate HealthCoins by any means other than your genuine physical movement meeting the eligibility criteria specified by OneFitPlus from time to time and, in particular and without limitation, you shall not
(i) simulate any such verified movement using artificial and/or mechanical means,
(ii) enlist third parties to generate HealthCoins on your behalf (for the avoidance of doubt, however, you may receive transfers of HealthCoins from third parties using the functionality available within the OneFitPlus App).
(c) operate more than one HealthCoins Account;
(e) reproduce, frame, display or mirror the OneFitPlus App or OneFitPlus Website(s) other than as a necessary consequence of their normal operation by you;
(f) infringe our intellectual property rights or those of any third party in relation to your use of the OneFitPlus App or OneFitPlus Website(s);
(g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the OneFitPlus App or OneFitPlus Website(s);
(h) use the OneFitPlus App or OneFitPlus Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(i) employ any technology that interferes in any way with the proper operation of the OneFitPlus App or OneFitPlus Website(s), including by blocking any advertising or promotions displayed thereon; or
(j) collect or harvest any information or data from the OneFitPlus App or OneFitPlus Website(s) for any commercial purpose, save as otherwise agreed in writing by us.
If we discover any breach of this Section 6 by you, we may immediately suspend or terminate your access to the OneFitPlus App and remove and delete any content from OneFitPlus App or OneFitPlus Website(s) violating this Section 6.
7. Changes and updates to the OneFitPlus App and OneFitPlus Website(s)
OneFitPlus reserves the right at any time, without liability of any kind, in its absolute discretion
(i) to change, suspend, restrict or disable your access to the OneFitPlus App and/or OneFitPlus Website(s), and/or
(ii) alter the functionality or contents of the OneFitPlus App and/or OneFitPlus Website(s) with or without notice to you.
We may issue updates to the OneFitPlus App from time to time. Depending upon the nature of the update, you may not be able to continue to use the OneFitPlus App until you have downloaded the latest version of the OneFitPlus App.
8. No warranty
The OneFitPlus App and OneFitPlus Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the OneFitPlus App, OneFitPlus Website(s) or the contents of any of them. OneFitPlus does not warrant or undertake that use and availability of the OneFitPlus App and OneFitPlus Website(s) will be uninterrupted or error-free.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE OneFitPlus APP OR HealthCoins WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF OneFitPlus IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Third Party Content
For your convenience OneFitPlus may include in the OneFitPlus App or OneFitPlus Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that OneFitPlus has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.
The OneFitPlus App and OneFitPlus Website(s) may include content submitted by other users of the OneFitPlus App and OneFitPlus Website(s) (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.
The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.
10. No Medical Advice
The OneFitPlus App allows you to track and verify your physical movement, generate HealthCoins and use HealthCoins to redeem goods, services and other benefits. THE SERVICES WE PROVIDE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. The OneFitPlus App is not a tool for the diagnosis or prevention of disease. We do not endorse any third party products or services listed on the HealthCoins Marketplace and, where these relate to your health, you should always take appropriate medical advice before using them. YOUR USE OF THE HealthCoins MOBILE APP DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND OneFitPlus.
From time to time we may make available additional terms or guidance in relation to the usage of OneFitPlus App or OneFitPlus Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the OneFitPlus App or any OneFitPlus Website(s).
12. HealthCoins Marketplace
The OneFitPlus App enables users to offer goods, services and other benefits to other users that may be redeemed in exchange for HealthCoins (such functionality being the “HealthCoins Marketplace”).
To the extent that OneFitPlus agrees to administer on your behalf via OneFitPlus’s own account any offer of goods or services or other benefits in exchange for HealthCoins on the HealthCoins Marketplace, OneFitPlus shall be entitled to retain up to 100% of the HealthCoins received for its own benefit in its absolute discretion.
You agree that OneFitPlus has no responsibility for any goods, services or other benefits offered by you or by any third party on the HealthCoins Marketplace. You agree that we have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by users, the truth or accuracy of their offers, the ability of users to provide any goods, services or other benefits offered, or that a user will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of the HealthCoins Marketplace. Our operation of the HealthCoins Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any user.
OneFitPlus is entitled to alter the selection of goods services and other benefits on offer, and the number of HealthCoins required to redeem any such goods, services or other benefits offered, on the HealthCoins Marketplace, as well as to limit the number of possible redemptions of any good, service or other benefit by any user or group of users in its absolute discretion. Where we wish to do this, we will notify you first and give you the opportunity to de-list the relevant goods, services or other benefits, if you do not agree with the revised number of HealthCoins required.
You represent and warrant to us that any goods, services or other benefits that you offer on the HealthCoins Marketplace will:
(i) conform to the description you provide for them,
(ii) comply with all applicable laws and regulations,
(iii) be of satisfactory quality,
(iv) conform to our acceptable use requirements (stated in Section 6 above), and
(v) be delivered in full once a user redeems the relevant goods services or other benefits using the requisite number of HealthCoins in accordance with your stated terms and conditions.
You agree that we may remove any listing or offer on the HealthCoins Marketplace at any time in our absolute discretion. All goods, services or other benefits listed on the HealthCoins Marketplace are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the user listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via the HealthCoins marketplace only to specific categories of user or to individually selected users, where we agree in writing or make available the necessary functionality to facilitate this.
You agree that disputes in relation to any goods, services or other benefit redeemed via the HealthCoins Marketplace shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. While we may elect to help facilitate the resolution of such disputes through programmes that we develop, to the maximum extent permitted by applicable law we accept no liability in connection with any transaction that we have not directly participated in.
(i) reallocate HealthCoins between users to reimburse any aggrieved user where we deem this appropriate, and
(ii) suspend or terminate the use of the OneFitPlus App by any user(s).
You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on the HealthCoins Marketplace that we have not participated in.
We make no representation, warranty or undertaking that the offer, sale, purchase, export, import or use of any goods, services or other benefits offered on the HealthCoins marketplace is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use or any goods, services or other benefits that you list or redeem using the HealthCoins Marketplace.
As a form of marketplace curation OneFitPlus may offer an option for the users to report an offer via OneFitPlus App functionality and reserves a right after a review to delist the offer from the HealthCoins Marketplace.
13. Limitation of liability
You acknowledge that the OneFitPlus App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the OneFitPlus App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any
(i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the OneFitPlus App, OneFitPlus Website(s) and/or this Agreement, or
(ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the OneFitPlus App or OneFitPlus Website(s) or any inaccurate or incomplete content on either, or
(iii) any loss, damage or other liability arising as a result of any reallocation of HealthCoins by us.