Having accepted these Terms, we grant to you a limited, non-exclusive, personal right to use the App and our Services.
Age Restrictions: Our App and the Services are aimed at individuals over the age of 16. If you are under the age of 16 you confirm that you have obtained permission from a parent or your legal guardian to download and use the App, participate in the Services, and place requests to redeem points for rewards. This App is not suitable for individuals under 13 years of age.
Changes: We may revise these Terms at any time by giving you notice of the changes, and your continued use of the App will be confirmation that you accept those changes.
Content: We provide a range of content via the App to motivate and encourage active lifestyles. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any activities on the basis of the content on our site.
We may update the App, the Services or the content from time to time, but we do not guarantee that the content remains current, and we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date and you accept that you are solely responsible for any reliance you place on our content.
Accessing our Services: Our App is made available free of charge, although you are able to subscribe to the Enhanced Services on payment of a fee. Subject to the restrictions in these Terms, we grant to you a non-exclusive, right for you to use our App and the Services for your personal use only. You are not permitted to use the App or the Services:
- to transmit any viruses, Trojan horses or any other form of malicious code;
- in any manner which is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- for any illegal activity or in any manner which is illegal or causes damage or injury to any person or property
and we reserve the right, without liability or prejudice to our other rights to you, to disable your access to any material that breaches the provisions of this clause.
We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. Access to our App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our App without notice. We will not be liable to you if for any reason our App is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our App and the Services via your mobile phone, computer or other mobile devices.
Regardless of where you access our Services, the Services are provided out of our base in the United Kingdom, and any contract that you place with us to use our Services or any orders to redeem points via our App in exchange for rewards are conducted with us as an English company.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
You shall not:
- access all or any part of our App or the Services in order to build a product or service which competes with the Services; or
- license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party, and
- attempt to obtain, or assist third parties in obtaining, access to the Services other than as provided under these Terms.
Your Account: As part of the registration process you are able to choose your own username and password as security information. This information is confidential, and must not be shared with anyone else, as it is used to protect and secure your data.
We reserve the right to suspend your user name/password at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
Intellectual Property Rights: We are the owner or the licensee of all intellectual property rights in our App, the Services and in all material published on it. These works are protected by copyright laws around the world and all our rights are reserved. Brand names, trade marks and logos of products offered as rewards in exchange for Bounts points are used under licence from their owners.
By uploading content to our App whether directly or via any other connected device you confirm that you are the owner of all rights in the information you have shared. This includes, but is not limited to useage data uploaded from any connected devices or linked partners, any pictures, review or other shared content that you create. By uploading content, you (i) grant us a licence to use, copy, transmit, store and back-up your information and for the purposes of enabling you to access and use the Services and for any other purpose related to provision of Services to you; and (ii) you warrant that the contribution complies with our use requirements in these Terms.
You will be liable to indemnify us for any breach of these provisions, which means that you will be responsible for any loss or damage we suffer as a result of your breach of this obligation.
Any content you upload to our site will be considered non-confidential and non-proprietary. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App infringes their intellectual property rights, or their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site, and we reserve the right to remove any posting you make if, in our opinion, your post does not comply the standards set out in these Terms.
The views expressed by other users on our site do not represent our views or values.
Limit of our Liability: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our App or its content, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use the App or our Services or any use or reliance on the content we have made available.
Our App and the Service are only made available for domestic and private usage (other than to allow permitted private coaches, clubs and venues to issue points for attendance at exercise sessions) and you agree not to use our App for any commercial or business purpose.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your mobile devices, computer equipment, computer programs, data or other proprietary material due to your use of our App.
We assume no responsibility for the content of any apps or websites linked to our App, and we do not endorse those linked sites.
Different limits and exclusions on liability may apply to any liability arising as a result of the redemption of any rewards which are set out in our Rewards Terms.
Applicable Law: As a consumer, please note that these Terms, its subject matter and formation are governed by English Law, and unless you are a consumer in another jurisdiction, you agree that the courts of England and Wales will have jurisdiction to resolve any issues.
Changes to Rewards Terms: We reserve the right to amend these Reward Terms from time to time, so we recommend that you review these Reward Terms prior to every time you redeem your Points to ensure that you understand the terms at the time of your reward redemption. These Reward Terms apply to all redemptions with effect from 22nd July 2015.
Cancellation of Contracts: As a consumer, you have a legal right to cancel a contract under English consumer legislation within 14 days of the date on which you receive the relevant Reward Offer, unless the Reward Offer is advertised as being customised for you, or has a useable life of less than 14 days.
To cancel a contract, you must email us to let us know that you have decided to cancel the contract, and we will email you to confirm that we have received this cancellation notice. The cancellation will be deemed to be received on the date you sent the email to us.
- If the contract is cancelled after we have dispatched the relevant Reward Offer, you will be responsible for returning the Reward Offer to us in a useable condition.
- If you cancel your contract we will refund you the Points you redeemed in exchange for the Reward Offer less any reduction in the value of the Reward Offer, if this has been caused by your handling them.
Allocation of Points: Points will be allocated to you by reference to each activity that is logged under your user name, whether the data is directly input by yourself, is collected as a result of any Connected Device synchronising with our App, or is provided to us by an Partner that you have connected to your account with us. Our decision on the allocation of Points is final.
Points have no monetary value until redeemed in exchange for any Reward Offers. If you chose to discontinue use of our App and the Service at any time, you forfeit your right to redeem any Points that have accrued at that time.
Reward Offers: As you collect Points, you can redeem these in exchange for specific goods or services offered via our App (Reward Offers). All Reward Offers advertised are subject to availability, or while stocks last, and will change from time to time. We have taken care to describe our Reward Offers accurately, but any descriptions are illustrative only, and we offer no warranty in relation to any Reward Offer.
The reward redemption pages guide you through the process for redeeming your Rewards. Please take the time to read and check your redemption request at each page of the process. Your request to redeem your Points in exchange for a Reward Offer is an offer to us, which we will acknowledge, and only accept once we have confirmed that the Reward Offer is being dispatched to you.
Delivery will be made to the address you have given to us on registration unless you notify us of a different delivery address. We will use third party providers to deliver your Rewards Offers, which may be delivered by post or courier service, or where possible via an electronic voucher or token.
Liability: If we fail to comply with these Reward Terms, we are responsible for your foreseeable loss arising as a result of our breach or our negligence. We do not exclude or limit our liability for death or personal injury caused by our negligence or for other liability that we cannot exclude in law, and this does not affect your statutory rights. We will not be liable for any delays in delivery due to circumstances outside our reasonable control.
At Bounts we are committed to protecting and respecting your privacy.
Information we collect from you: We may collect and process the following data about you:
- Information you upload to us: This includes information that you provided to register with our App, submit your activity logs, participate in discussions or social media functions, or redeem your Bounts Rewards through our shop. This may also include information when you have any other interaction with us to ask questions or report issues with our App. The information that you may be asked to provide includes: your name, address, e-mail address and phone number, financial and credit card information, personal description and photographs.
- Information uploaded from Connected Devices: where you chose to connect any other devices such as your Fitbit, Jawbone, or Garmin or mobile phone, to our App data collected via the connected device will be automatically updated within the App, and aggregated with your data. The information that will be shared with us by the Connected Device includes: activity data such as distance, time, speed, calories burned, heart rate, activity location start, end and way points and steps. Where you access our App via a mobile phone we collect background tracking data to determine the amount of time that you spend at healthy active venues so that we can reward you with Points, and deliver relevant and timely Reward Offers.
- Information collected from Connected Partners: where you chose to earn points by allowing one of our partners to share information with our App (Connected Partner) you are consenting to us receiving information from the Connected Partner, and to us providing information about you to our Connected Partner. The information that will be shared with us from the Connected Partner includes facility entry time and exit time and type of class.
- Information we collect about you. With regard to each of your visits to our App we may automatically collect the technical information about your visit, including the IP address connecting your device to the Internet; login information, and information about the parts of the App that you interacted with on each visit.
How we use your Information: We use information held about you in the following ways:
We use information you give to us:
- to enable us to deliver the App, and provide you with the information, products and services that you request from us, in particular we will use your address to deliver Reward Offers that you select from time to time;
- to provide you with information about the rewards we offer that are similar to those that you have already redeemed or enquired about;
- to enable us to customise the content to provide you with information about goods or services we feel may interest you or are relevant to your designated postcode.
- to notify you about changes to our service;
- to ensure that your use of our App is the most effective manner for you.
We use Information from Connected Devices and Connected Partners to:
- allow personalised activity recording to be verified so that you can earn Reward Points;
- allow a Connected Partner or licensor of a Connected Device to contact you via our App, but we do not provide them with any specific contact details including mobile phone numbers; email addresses or social media account details;
- we may anonymise this data, and reuse it to provide our data analysis services to our partners in an aggregated form, and in a way that does not identify you specifically.
We use Information we collect about you:
- to administer our App and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Aggregated Anonymous Data: we extract from the personal data we collect and process demographic and other non-personalised information which is aggregated to enable us to provide activity tracking data; shopping preferences; and other data services to third parties. The data insight that we provide allows our third parties to design and provide better service for their customers (including yourself). These third parties pay for the data services that we provide, and we use this to source the Reward Offers available to you from time to time.
How we share your information: We may share your personal information with any linked group company from time to time; or with selected third parties including:
- Business partners, suppliers and sub-contractors to enable us to process payments, redeem rewards or deliver Reward Offers to you.
- Our various third party partners, including advertisers, licensors of Connected Devices, exercise partners, fitness groups and others who may request data analysis services. In providing our data analysis services we do not disclose identifiable information, but anonymous aggregated data using sufficiently large population sizes and activity descriptions that limit the ability of individuals to be identifiable from the data services.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may disclose your personal information to third parties:
- If we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
Storing your data: All information you provide to us is stored on our secure servers. You are responsible for keeping your user name and password secure to ensure the information remains confidential. Please do not share this password with anyone. We have put in place a range of suitable physical, electronic and managerial procedures to safeguard and secure your information. Our staff have limited access to your data, and are trained to ensure that it is protected, and kept secure.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area.
Your rights: You have the right to ask us not to process your personal data for marketing purposes by contacting us via email at email@example.com or via your in app preferences
Linked Apps and Websites: Our App may include links to and from other websites. If you follow a link to any of these websites, they will have their own privacy policies, and we are not responsible for any use of your data by these other websites. Please check these policies before you submit any personal data to these websites.
Accessing your Information: You have the right to access information we hold about you. If you wish to exercise this right, please contact firstname.lastname@example.org requesting your data. We may charge you a £10 fee to meet our costs for this access.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Bounts Limited of 56 Marys Street, Wallingford, Oxfordshire, UK