Youw8

This Site is owned and operated by Inotive Solutions BV, De Pinckart 54, 5674 CC Nuenen, registered in The Netherlands KVK Number: 17208069 ("Youw8"). These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and the purchase of any Products or Services on this Site will be subject to these terms and conditions.

Important Liability Statement

NOT MEDICAL ADVICE: The information available on or through this Site, and the Services supplied via or in connection with this Site, including any feedback on any health questionnaires, do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. In any event, before commencing any exercise or diet regime, you should consult your doctor. ACCURACY OF INFORMATION: It is also vital that you supply us with correct information about yourself. Some of the Services on this Site are based on that information and we cannot be liable for any incorrect information supplied by you to us. In order to continue to provide you with a high quality of service it is important that you regularly update the information that you give to us. If you do not do this, the programmes which we recommend to you may become unsuitable for you. LIABILITY: We try to make sure that all information that we post on this web site (and provided by us to you as part of any Services or Products) is correct, and we will use reasonable care and skill in providing Services to you. As long as we have done that, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site (including any articles posted by a third party) or provided through any Service supplied by us to you.

1. Definitions

In these terms and conditions, the following definitions apply: 1.1 "Services" means any information and services ordered and/or provided by Youw8 through or via the Site and all services offered as part of the membership subscription. Any electronic information supplied to you by Youw8 will constitute part of Service not a Product and cancellation rights will apply accordingly. 1.2 "Products" means any products offered for sale on the Site. 1.3 "Site" means the web site at the URLs www.youw8.com, www.youw8.co.uk. or Mobile site or replacement site(s) from time to time.

2. Use of this Site Generally

2.1 You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services. 2.2 The intellectual property rights in all contents of the Site and supplied as part of the Products or Services, and in Youw8's brands trade marks and logos ("Materials") are owned by Youw8 or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any Materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. "Youw8" and "Dashboard your Life" are registered trade marks or applications for registered trade marks owned by Youw8. You must not use any of Youw8's brands logos or marks without written licence. 2.3 You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Youw8 or any third party. 2.4 Youw8 accepts no obligation to monitor the use of the Site. However, Youw8 reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Youw8 will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security. 2.5 Youw8 may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

3. Your Personal Information

3.1 Usage of your personal information is governed by Youw8’s Privacy Policy, which forms part of these Terms and Conditions. In the event that Youw8 undergoes reorganisation or is sold to a third party, you agree that any personal information Youw8 holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

4. Liability

4.1 You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Youw8 does not enter into conditions, warranties or other terms in relation to the Site, the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result. 4.2 The Site includes links to external sites and co-branded pages. Youw8 has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Youw8 is not responsible for the content of these site and pages or for anything provided by them. 4.3 Subject to the important liability statement, Youw8 is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

5.Password

5.1 As part of the Services offered via this Site, you may be issued with an individual password which may be used to access the Site, Services and those pages whose access is restricted to members only. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions. 5.2 In the event of any failure or error in the operation of a password, you shall cease using the password and exit the Site immediately, and notify Youw8 of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your membership for whatever reason. 5.3 Youw8 reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Youw8 promptly of any changes to your registration details.

6. Suspension and termination of Service

6.1 Youw8 may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free. 6.2 Youw8 may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late in paying or do not pay any sums due (including if the credit/debit card you use is not valid or does not work for another reason).

7. Contract Information

7.1 You may submit orders on this Site, for Services or for Products but no contract will exist in relation to the Services or Products until we (or one of our fulfilment partners) have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer.

8. Pricing, availability and dispatch Information of Products

8.1 Information displayed on the Site as to pricing and availability is subject to change by Youw8 without notice. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site. 8.2 While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail if any Products you order turn out to be unavailable. 8.3 In spite of our best efforts, it is possible that a Product or Service may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where the actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. 8.4 Products will be dispatched by Youw8 (or one of our fulfilment partners) to your delivery address as soon as reasonably possible after acceptance of your order and we will wherever possible confirm dispatch to you by email. Delivery charges will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid. Youw8 is not liable for loss or damage to Products in transit. Once dispatched, the logistic service provider will not deem an undelivered parcel to be missing until 15 days has passed. Youw8 cannot send replacement Products until you have notified Youw8 and this 15 day period has expired. Should you receive your original Product at any stage after the replacement Product is delivered to you, you shall return this Product immediately to Youw8 (or one of our fulfilment partners as appropriate).

9. Warranty

9.1 Warranty Period: Youw8 warrants the Youw8 Product, and only the Product, against defects in materials and workmanship under normal use for a period of ONE YEAR from the date of retail purchase by the original purchaser ("Warranty Period"). Under this Limited Warranty, if a hardware defect arises and a valid claim is received by Youw8 within the Warranty Period, at its option and to the extent permitted by law, Youw8 will either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) exchange the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. A replacement Product or part assumes the remaining warranty of the original Product or one year from the date of replacement or repair, whichever is longer. When a Product or part of the Product is exchanged, any replacement item becomes your property and the replaced item becomes Youw8 property. Parts provided by Youw8 in fulfillment of its warranty obligation must be used in Products for which warranty service is claimed. 9.2 Instructions to Obtain Warranty Service: To obtain warranty service, you must deliver the Product, freight prepaid, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Youw8. In accordance with applicable law, Youw8 may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. 9.3 Exclusions and Limitations: This Limited Warranty applies only to the Product manufactured by or for Youw8 that can be identified by the "Youw8" trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) Youw8 products and services other than the Product, (b) non-Youw8 hardware product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Product or embedded in the Product. Refer to the licenses accompanying the software for details of your rights with respect to its use. Youw8 does not warrant that the operation of the Product will be uninterrupted or error-free. Youw8 is not responsible for damage arising from failure to follow instructions relating to the Product's use. This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Youw8 or if the Product is inserted or installed in a casing not provided by Youw8. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Youw8 products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Youw8 or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Youw8. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. This Limited Warranty does not cover the cost of returning the Product to Youw8; this is your responsibility. No Youw8 reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. 9.4 Implied Warranties. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. 9.5 Limitation of Damages. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, Youw8 SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.

10. Cooling Off Rights

10.1 Products: After you receive any Products you will have a 7 day "cooling off" period during which you have a right to cancel the order, and return the Products, without charge. You may exercise that right by calling our Customer Services Team on +31 40 2631234 (or such other number stated on the Site or with the Product), notifying us of your cancellation. Following such notice you must return the Products covered by the canceled order undamaged to ‘YOUW8 Returns Dept, 306 Metropolitan Wharf, 66 Wapping Wall, London, E1W 3SS’ or such other address as we may tell you at the time. Products must be labeled with a copy of the invoice and returned by registered post (or any other method requiring the recipient to sign on delivery) unused and in their original undamaged packaging. You are responsible for the costs of returning the Products and we reserve the right to make a charge not exceeding our direct costs of recovering the Products (which we are entitled to do) in the event that you do not return the Products or you return them at our expense. Following you exercising your right of cancellation we will refund any payments made by you excepting and subject to any costs of returning the Products. When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid. 10.2 Third Party Products: You may order products, merchandise or services through the Site from parties other than Youw8 ("Third Party Products"). Youw8 will make clear at the point of purchase if and from which third party you are purchasing a Third Party Product. All matters concerning Third Party Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are to be resolved solely between you and the party supplying the Third Party Products. Youw8 provide no warranties or representations whatsoever with regard to any Third Party Product. Youw8 will not be considered or be construed as a party to such transactions, regardless as to whether Youw8 may have received some form of revenue or other remuneration in connection with such transactions. Youw8 will not be liable for any costs or damages arising out of, either directly or indirectly, you or any third party involved or related to the transactions. The relevant returns policy of the third party providing the Third Party Product will be set out in an email confirmation of your purchase together with details of your statutory rights.

11 Statutory Rights and Refunds

11.1 The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.

12 If you are under 18

12.1 Youw8 does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-member parts of the Site under adult supervision but you may not become a member or purchase Products or Services from the Site.

13 General

13.1 Youw8 may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Youw8 may delay enforcing its rights under these terms and conditions without losing them. You agree that Youw8 may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice. 13.2 These terms and conditions shall be governed and interpreted in accordance with Dutch law, and you consent to the non-exclusive jurisdiction of the Dutch courts. 13.3 If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to our e-mail: info@youw8.com.

14. Third party contributions

14.1 Articles: Articles on this site may be submitted by third parties and Youw8 is not able to confirm the accuracy or completeness of such content and is not liable for such articles. Again, this Site does not provide medical advice.