Last modified: March 11, 2015
WELCOME TO MYGRAVITY
Please read these terms and conditions carefully before using this site.
USING MYGRAVITY WEBSITE AND APP
OTHER APPLICABLE TERMS
- Our Cookie and Log Policy (https://mygravity.co/legal/cookies), which sets out information about the cookies on our Platform.
If you use any of the Services, additional terms or product requirements (including age requirements) may apply. These additional terms (under the relevant “Product Services Agreement”) will be provided to you when you elect to sign up for the relevant Services.
If there is a conflict between these terms and the terms of a Product Services Agreement, the terms of the Product Services Agreement shall prevail.
INFORMATION ABOUT MYGRAVITY
www.mygravity.co is a site operated by MyGravity Ltd (“MyGravity”, “Our”, “We”). We are registered in England and Wales as a private limited company under company number 09129309 and have our registered office at 2nd Floor, 2 Queens Gate, Ascot Business Park, Lyndhurst Road, Ascot, England, SL5 9FE.
CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR PLATFORM AND SERVICES
We may update our Platform from time to time, and may change the Services at any time. We may add or remove functionalities or features, and we may terminate or suspend a Service altogether. MyGravity may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we terminate a Service, where reasonably possible, we will give you reasonable notice.
We do not guarantee that our Platform, or any Services on it, will be free from errors or omissions.
You can stop using our Platform or our Services at any time.
ACCESSING OUR PLATFORM
We do not guarantee that our Platform, or any of the Services on it, will always be available or be uninterrupted. Access to our Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Platform without notice. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.
YOUR MYGRAVITY ACCOUNT AND PASSWORD
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
MyGravity gives you a worldwide, royalty-free, non-assignable and non-exclusive licence to use any software provided to you by us as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MyGravity, in the manner permitted by these terms and the terms of any relevant Product Services Agreement.
You may not copy, modify, distribute, sell, or lease any part of such software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Some software used in our Services may be offered under an open source licence that we will make available to you. There may be provisions in the open source licence that expressly override some of these terms.
ACCEPTABLE USE OF OUR PLATFORM AND SERVICES
You may not use our Platform or the Services:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, publish, post, distribute, disseminate or otherwise transmit, use or re-use any material or information which has not been authorised by us or which is inaccurate, illegal, defamatory, offensive, infringing, obscene, indecent, unsolicited, unauthorised or otherwise unlawful or objectionable or which may expose you or us to legal action or reputational damage, or procure any of the foregoing; or
- to threaten, harass, stalk, abuse, disrupt, or otherwise violate the rights (including rights of privacy and publicity) of, others.
You also agree not to:
- download or copy information or use any part of the materials or content on or provided through our Platform for personal commercial gain or for the benefit of a third party supplier of similar services, or sell or trade in any of the content or other material copied or downloaded from our Platform;
- obtain or attempt to obtain unauthorised access to (by whatever means) or interfere with, damage or disrupt: any part of our Platform or the Services; any other services or computer systems, equipment or software used in the provision of our Platform; any areas of our, or any of our customers’ networks which are identified as restricted, or intentionally or recklessly do anything which may interrupt or impair their functionality;
- modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
- make available or upload files that contain software or other material, data or information not owned by or licensed to you so as to permit you to do so; or collect information about others without their prior consent;
- create, check, confirm, update, modify or amend another person’s details, records or databases or impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead us or others as to the identity or origin of any communications or to provide inaccurate or unreliable contact details;
- use data mining, robots or similar data gathering and extraction tools;
- send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
- falsify the true ownership of software or other material or information contained in a file made available via our Platform or Services; or
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it unless as set out below and you agree not to display or use the same in any manner or to create derivative works of the same. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
Some of our Services allow you to upload, submit, store, send or receive data and other content (“Content”). You retain ownership of any intellectual property rights that you hold in that content. In short, your data and Content is yours.
If you have a MyGravity Account and you have provided consent, we may display your Profile name, Profile photo, and other consented Insights through MyGravity Services or on third-party applications connected to your MyGravity Account in our Services. We will respect your consent and choices to limit sharing or visibility settings in your MyGravity Account.
TRADE MARKS, SERVICE MARKS AND TRADING NAMES
All page headers, all graphics, all button icons, all trade marks, service marks, get-up and logos appearing on our Platform (unless otherwise noted) belong to us or their respective owners and you agree not to display or use (or misuse) the same in any manner or display or use (or misuse) product names, company names, or logos without our or the respective owner’s prior written permission.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platform or any content on it, 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:
- use of, or inability to use, our Platform or Services; or
- use of or reliance on any content displayed on our Platform.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- loss of data;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are an individual user, please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes other than as authorised by us, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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 computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
To the extent permitted by law, our total liability for any losses suffered by you will be excluded to the extent permitted by law and otherwise limited to $50, subject to any different limitations and exclusions of liability will apply to liability arising as a result of the supply of Services and which are set out in the relevant Product Services Agreement.
OUR WARRANTIES AND DISCLAIMERS
Our Platform and its Services are provided “as is” without warranty of any kind, either express or implied and all other warranties whether express or implied (including statute) as expressly exclaimed to the extent permitted by law.
UPLOADING CONTENT TO OUR PLATFORM
Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the following:
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. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You retain all of your ownership rights in your content. 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 Platform.
We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out above.
The views expressed by other users on our Platform do not represent our views or values.
We do not guarantee that our Platform or any communications sent to you will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Platform. You should use your own virus protection software.
You must not misuse our Platform by knowingly introducing spam, viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
LINKING TO OUR PLATFORM
You may link to our home page, 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.
You must not establish a link to our Platform in any website that is not owned by you.
Our Platform must not be framed on any other website, nor may you create a link to any part of our Platform other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out above.
THIRD PARTY LINKS AND RESOURCES IN OUR PLATFORM
Where our Platform 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.
MyGravity, My360, and Rewards by MyGravity and all associated logos are UK registered trade marks of MyGravity Ltd.
ADDITIONAL TERMS RELATING TO BUSINESS USERS ONLY
In addition to the above, the following terms apply where you are a Business User:
- You and your Authorised Users are only authorised to access and use the Services for which you subscribe (“Subscription Services”) and agree to pay us the Subscription Fee as set out in an order form executed by you and MyGravity (“Order Form”).
- The authority and right to access and use the Subscription Services starts when we grant you access to our Platform following execution of the Order Form or as may otherwise be agreed between us in writing.
- You and your Authorised Users no longer have the authority or right to access our Platform and use the Subscription Services if (a) the Subscription Period expires without you paying the Subscription Fee for the next period; or (b) if this Agreement is otherwise terminated or your access rights are suspended in accordance with these Terms.
- From time to time, we may offer you additional information, data, services and products (“Additional Items”) from those agreed and specified in the relevant Order Form. If you wish to purchase the right to access and use any such Additional Items, this will be the subject of a separate Order Form, or an agreed amendment (in writing or digitally) to an existing Order Form, between us but will otherwise be governed by these Terms.
- We warrant that your use of our Platform and the Subscription Services in accordance with these Terms shall not infringe any third party’s intellectual property rights; however, this warranty shall not apply in relation to materials identified as having been provided by or on behalf of a third party.
- You agree to ensure that you and your authorised users, being those persons listed on the Order Form comply with these Terms and only access our Platform during the Subscription Period (“Authorised Users”).
- You shall indemnify, hold harmless and keep us indemnified from and against any and all allegations, claims, proceedings, losses, damages or liabilities arising out of or in connection with you or your Authorised Users’ use of our Platform and the Services, including, without limitation: (a) claims by you, your Authorised Users; (b) third parties arising out of an act or omission by you or your Authorised Users; or (c) in relation to the legality, reliability, integrity or quality of our Platform and the Services.
- We shall have no liability to you or your Authorised Users to the extent that it is fairly attributable to or arises from an act or omission of you or your Authorised Users or any third party (including other Authorised Users) including (without limitation): (a) any act or omission by any person relating to the provision of the Services by us under this Agreement; and/or (b) for any liabilities suffered or incurred in connection with any Services or third party materials or data provided to us including where this impacts on our ability to provide the Services.
- We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement or from carrying on business by you or by acts, events, submissions or accidents beyond our reasonable control, including, without limitation, failure of communication networks and activities (including the internet), default of sub-contractors, strikes, lockouts whether industrial or disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm (“FM Event”).
- Where we charge you the Subscription Fee for access to and use of our Platform and its Services by you and your Authorised Users directly, to the extent that the limitations or exclusions of liability set out in this Agreement are not enforceable by law, in no event shall our aggregate liability to you for any loss or damage arising out of or in connection with our Platform, the Services or this Agreement, whether in contract, tort (including negligence), under warranty, under statute or otherwise, exceed the Subscription Fee paid by you over the previous 12 months.
- We may revise these Terms at any time. Where we make any changes to these Terms they will be posted on this page as amended terms and the accessing or continuing use by one or more of your Authorised Users of our Platform and/or its Services after any amendments have been posted shall constitute your acceptance of the revised Terms. Any such amendment shall not affect the agreed Subscription Fee (although you and your Authorised Users may not be entitled to access additional Services beyond those set out in your Order Form without further payment) nor impose any additional materially adverse obligations upon you.
- Without prejudice to any other provision in this Agreement, this Agreement will terminate if you or we are in material breach of any of its terms and if the breach is not remedied within the period of 20 working days after written notice of it has been given to the party in breach. If we are in material breach as a result of circumstances within our reasonable control, you will be entitled to a pro-rata return of the Subscription Fee calculated by reference to the date of termination.
- At the end of the Subscription Period, unless you select a new Subscription Period, your Subscription Period will be automatically renewed on a monthly basis at the then-current standard rates.
- On termination of this Agreement for any reason all licences granted under this Agreement shall immediately terminate and you and the Authorised Users shall make no further use of the Services and/or other materials which shall be deleted and/or destroyed (in so far as existing in electronic or other format) by you and Authorised Users forthwith upon such termination. You will supply to us upon request written confirmation of such deletion and/or destruction.
- Termination shall not affect or prejudice the accrued rights of the parties as at termination or the continuation after termination of any provision expressly stated to survive or implicitly survive termination.
- If we have not received payment of the Subscription Fee within 30 days of the due date, and without prejudice to any of our other rights and remedies, we may, without liability to you, disable you and/or your Authorised Users’ accounts, passwords and access to all or part of the Subscription Services and we shall be under no obligation to provide any or all of the Subscription Services while the Subscription Fee concerned remains unpaid.
- Should for any reason an invoice become 45-days late, we reserve the right to instigate legal proceedings or instruct recovery agents to recover overdue debt and claim back extra costs incurred by this action from you. If such action is taken, we will invoice for the remaining contracted period to include in their claim. You shall remain liable for all unpaid fees and charges incurred during any period of suspension, notwithstanding that all or a part of the Services may not have been provided by us.
- Unless otherwise set out in the Order Form, all amounts and fees stated or referred to in this Agreement are (a) payable in pounds sterling; (b) are, except as expressly stated otherwise in this Agreement, non-cancellable and non-refundable; and (c) are exclusive of value added tax (or similar tax), which shall be payable by you to us at the appropriate rate.
- Without prejudice to any of our other rights and remedies, if, at any time, you allow, permit or cause a person who is not an Authorised User to have access to our Platform and/or the Subscription Services, then we shall be permitted to charge you, and you shall pay, for the Subscription Services provided to that person which will be calculated by us at our then current rates. Alternatively, we may elect to terminate this Agreement in which case you and your Authorised Users will no longer be authorised to access our Platform or receive the Subscription Services.
- You shall ensure that any individual accessing our Platform or the Services is acting in the course of your business, trade or profession and not as a consumer.
- The obligations in this Agreement are continuing and shall survive the termination the Agreement and the authorisation of you and your Authorised Users to access our Platform and receive the Subscription Services
- In the event of expiry or any termination of the Agreement or any MyGravity Program:
- MyGravity shall be entitled to send e-mail and/or other communications to some or all of your loyalty program members, notifying loyalty program members that your Agreement with the MyGravity Program has been terminated. In addition MyGravity shall be entitled to take other actions, at its discretion, to assist your loyalty program members in protecting the points they have earned within the MyGravity Program and providing such loyalty program members with a chance to redeem points earned.
- If applicable, all items of MyGravity equipment (including any tablet devices) provided to you (“MyGravity Kit”) must be returned to MyGravity in specified return packaging provided by MyGravity within 14 days. If you were not previously provided with specified return packaging, MyGravity will provide you with specified return packaging at no cost to you, otherwise you will be charged for packaging materials. You are responsible for all return shipping charges and for any damage incurred in the shipping process. If any item in the MyGravity Kit is not returned, MyGravity will charge you for the cost of the item not returned.
- If any MyGravity Kit is lost, damaged beyond a state of warranty by suppliers to MyGravity, cosmetically damaged such that it cannot be re-deployed to another customer during its useful life, or not returned within 14 days of expiry or termination of this Agreement or a MyGravity Program, you may be charged a penalty fee to cover the MyGravity equipment costs as well as a non–refundable late fee. Together these will be a minimum of £300.00 per package of MyGravity Kit provided to you. This fee may exceed £300.00 if customisations to MyGravity Kit or additional items have been provided to you. In this case, a detail of the costs above £300.00 will be provided. These costs are non-negotiable.
- You agree that you will take care of the MyGravity Kit provided by MyGravity to you and maintain all such equipment in good working order. You are responsible to protect MyGravity Kit from theft and are fully liable to pay a full kit replacement cost and handling fee of £300.00 in the case of theft. Any and all items in MyGravity Kit such as security cables are provided to you to help deter theft. They do not form any protection from your liability for theft and are meant solely as deterrents. Should any of these items not perform to specification or be mis-installed, they do not reduce or limit your liability for theft.
To contact us, please visit our contact us page.