PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP.
BY DOWNLOADING AND/OR USING THE APP (DEFINED BELOW) YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ THIS END USER LICENSE AGREEMENT ("EULA"); (2) YOUR ATTENTION HAS BEEN DRAWN TO SECTION 6 BELOW; (3) YOU UNDERSTAND IT; (4) YOU ARE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, THE APP.
This end-user licence agreement (EULA) is a legal agreement between you and Cemos Solutions Ltd, The Plaza, 100 Old Hall Street, Liverpool, Merseyside, L3 9QJ, (Licensor, us or we) for:
We licence use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider (Appstore) when you download the App (Appstore Rules). We do not sell the App or Documents to you. Ownership of the App and Documents shall not pass to you.
iOS operating system requirements: This iOS app requires an Apple iOS device with a minimum of 100Mb of memory, internet access and a minimum of version 8 of the iOS (operating system).
Android operating system requirements: This Android app requires a Google Android device with a minimum of 100Mb of memory, internet access and a minimum version 4.4 of Android (operating system).
You should print a copy of this EULA for future reference.
The terms of this EULA apply to the App, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source element is included in the App, the terms of an open-source licence may override some of the terms of this EULA.
We may change these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.
From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 3.2(a) (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App on or in relation to any Device, whether or not it is owned by you.
By using the App you consent to us collecting and using technical information about the Devices and related App, hardware and peripherals for the App that are internet-based or wireless to improve our products and to provide any services to you.
The App may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
You will be required to establish an account ("Account") in order to use certain aspects of the App. You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify us of:
(a) any unauthorised use of your Account; or
(b) any other breach of security; or
(c) any suspected unauthorised activity has occurred.
We are not responsible for any losses arising out of the unauthorised use of your Account.
We reserve the right to terminate, disable or not provide all normal features for a particular Account if we suspect or become aware of any unauthorised or unpermitted use of such Account or any part of the App.
To use certain features provided by us and when creating an Account, you may need to provide certain registration information, including personally identifiable information, to us. We may also be able to automatically collect certain technical data about your Device, as well as log certain information about your use of the App. You agree to provide accurate, current and complete data and to update this as required to keep it accurate, current and complete at all times.
Subject to any applicable terms in clause 7, you may:
(a) download or stream a copy of the App onto 1 handheld device and to view, use and display the App on the Devices for your personal purposes only; and
(b) use the Documents for your personal purposes only.
Except as expressly set out in this EULA or as permitted by any local law, you agree, represent and warrant:
(a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another App program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another App program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any App that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our licensor's copyright notice on all entire and partial copies you make of the App on any medium;
(g) that 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;
(h) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(i) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (Technology), together Licence Restrictions.
You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
PLEASE PAY ATTENTION TO THIS SECTION
YOU SHOULD CHECK WITH YOUR DOCTOR BEFORE STARTING ANY FITNESS PROGRAMME. ALSO, IF YOU HAVE FOOD ALLERGIES PLEASE NOTE THAT SOME OF THE FOODS SUGGESTED IN THE APP CONTENTS MAY CONTAIN ALLERGENS.
6.1. Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) breach of our obligations to you as a consumer as set down by law;
(c) fraud or fraudulent misrepresentation; and
(d) any other liability that cannot be excluded or limited by English law.
You acknowledge that the 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 App as described in the Documents meet your requirements.
We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE APP AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT WE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE APP INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU.
TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS MEANS THAT WE (OR ANY PARTY THAT HAS CONTRIBUTED TO THE DEVELOPMENT OF THE APP, CONTENTS OR DOCUMENTS) DO NOT GUARANTEE THAT THE APP, GUIDES, VIDEOS, CONTENTS OR DOCUMENTS WILL WORK FOR YOU. I.E. THERE IS NO GUARANTEE THAT YOU WILL LOSE WEIGHT, SEE IMPROVEMENTS IN YOUR HEALTH, FITNESS, WELL-BEING, OR SEE OTHER BENEFITS.
IN NO EVENT SHALL WE OR ANY OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE APP. THIS MEANS THAT WE (OR ANY PARTY THAT HAS CONTRIBUTED TO THE DEVELOPMENT OF THE APP, CONTENTS OR DOCUMENTS) WILL NOT BE HELD LIABLE SHOULD THE APP, GUIDES, VIDEOS, CONTENTS OR DOCUMENTS NOT WORK FOR YOU. I.E. IF YOU DO NOT LOSE WEIGHT, SEE IMPROVEMENTS IN YOUR HEALTH, FITNESS, WELL-BEING, OR SEE OTHER BENEFITS.
TO THE EXTENT THAT ANY LIABILITY IS NOT EXCLUDED, OUR LIABILITY SHALL BE LIMITED TO £25.
If you have downloaded the App from the Apple App Store, the following additional terms apply to such App:
(a) You agree and acknowledge that Apple is not responsible for the App and its content. In addition, your use of such App downloaded from such location is limited to a non-transferable license to use the App on any iPhone or iPod touch that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, we hereby inform you and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(b) Apple has no warranty obligation with respect to the App and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this EULA is our responsibility. Please note that we have disclaimed all warranties (see section above).
(c) Apple is not responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(d) Apple is not responsible for any third-party infringement claims that the App or your possession and use of the App infringe a third party's intellectual property rights.
(e) We and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this License Agreement with respect to any such App, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof as set forth herein.
We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Policy; and
On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA;
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by post to Cemos Solutions Ltd. The Plaza, 100 Old Hall Street, Liverpool L3 9QJ. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre- paid post to the address you provide to us in your request for the App.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.