Terms and conditions of use

This Service includes subscriptions that automatically renew. Please read these terms and conditions of use (the “Terms”) carefully (in particular, Section 7 “Subscription fees and payment”) before starting a trial or completing a purchase for our app’s auto-renewing subscription service. To avoid being charged you must affirmatively cancel your subscription at least 24 hours before the end of the trial or then-current subscription period. When purchasing a subscription that automatically renews, you agree to its auto-renewal nature and to its terms defined near the point of purchase and acknowledge that to avoid charges you would need to affirmatively cancel it.

Depending on where you have purchased your subscription, if you are unsure how to cancel a subscription or a trial, please visit the Apple support website, Google Play help (or any other app stores support pages), or our websites. Deleting the app does not cancel your subscriptions and trials. We also aim to provide information about our subscription policies at or near the point of purchase. Please review these policies prior to making purchases. You may wish to make a print screen of this information for your reference.

Our privacy practices are in detail described in our Privacy Policy/Notice. Please acknowledge yourself with its contents to understand how your personal information is collected, used, and shared.

PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 8 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS APPELLATE REVIEW THAN IN COURT. EXCEPT AS SPECIFIED BELOW IN SECTION 8, UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 13, ARBITRATION IS THE EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES AND IS MANDATORY.

FURTHERMORE, THESE TERMS CONTAIN IMPORTANT DISCLAIMERS IN (SECTION 2), CLASS ACTION WAIVER (SECTION 8). DISCLAIMERS OF WARRANTIES (SECTION 13) AND LIMITATION OF LIABILITY (SECTION 14).

Contents:

Annex A: Terms of Sale

1. ACCEPTANCE OF TERMS

1.1 The provisions of the “Terms” govern the relationship between you and BetterMe International Limited (reg. No. HE 417945) with registered office at Themistokli Dervi 39, 1st floor, Office 104, 1066, Nicosia, Cyprus and/or its affiliates (“we”, “us”, “our” or the “Company”) regarding your use of the Company’s mobile applications, websites (including BetterMe Store), BetterMe devices and related services (the “App” or “Service”), including all information, text, graphics, software, and services, available for your use (the “Content”).

1.2 These Terms establish a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.

1.3. You must accept these Terms to create a BetterMe account and to access or use the Service. If you do not have an account, you accept these Terms by using any part of the Service. If you do not accept these terms, do not create an account or use the Service.

1.4. Please review also our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

1.5. Any translation from the English version is provided for your convenience only. In the event of any difference in meaning or interpretation between the English language version of these Terms available at https://bettersmee.com/terms, and any translation, the English language version will prevail. The original English text shall be the sole legally binding version.

1.6. We may change, modify, supplement, or remove portions of these Terms on this page of the Website from time to time in our sole discretion.

1.7. If any changes to these Terms may affect your use of the Service or your legal rights as the user of our Services, we’ll strive to notify you before the update’s effective date by sending an email to the email address connected with your account or by any other convenient means. Such updates will be effective no less than 14 days from the date of notification.

1.8. Any other changes will be notified to you only by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change.

1.9. If you don’t agree to the revisions, please stop using the Service, delete your account or cancel your subscription before the effective date of the Terms. By continuing to use or access the Service after the updates come into effect, you agree to be bound by the revised Terms.

1.10. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE SERVICE.

2. IMPORTANT DISCLAIMERS

Our top priority is ensuring your well-being as you strive towards your fitness and wellness objectives. We urge you to exercise responsibility and employ your best judgment and common sense when utilizing our Service.

2.1. Not a Medical Advice

2.1.1. THE COMPANY DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, HEALTH INSURANCE, OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS OR WELLNESS, MENTAL HEALTH OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION (COLLECTIVELY, “HEALTHCARE SERVICES”).

2.1.2.THE SERVICE MAY NOT BE APPROPRIATE FOR ALL PERSONS (INCLUDING ANY RECOMMENDATIONS AND ANY INFORMATION AVAILABLE THROUGH THE SERVICES THAT MAY APPEAR TO BE PERSONALIZED) AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL, WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL HEALTH, FITNESS AND WELLNESS GOALS. YOU ACKNOWLEDGE THAT YOUR DIET AND EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INVOLVE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE SERVICE, YOU AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICE.

2.1.3. YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE AND EFFECTIVE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING, AS WELL AS THE HEALTH, LIVES AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.

2.1.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE, WHETHER PROVIDED BY US OR THIRD PARTIES (EVEN IF THEY ARE CLAIMING TO BE A DOCTOR) IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (I) THE ADVICE OF YOUR PHYSICIAN OR OTHER PROFESSIONALS, (II) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONALS, OR (III) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE SERVICE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL PROMPTLY. IF YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.

2.1.5. YOUR USE OF THE SERVICE DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.

2.1.6. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, THE COMPANY DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICE. YOU ARE ENCOURAGED TO CONSULT WITH YOUR DOCTOR AND OTHER RELEVANT PROFESSIONALS WITH REGARD TO THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE SERVICE.

2.2. Accuracy

2.2.1. THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT FOOD RECIPES, EDUCATIONAL COURSES, EXERCISES, OR OTHER CONTENT ON THE SERVICE. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE FOOD PRODUCTS, WHETHER ONLINE OR ON THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING NUTRIENT CONTENT, INGREDIENTS, FOOD ALLERGEN AND CONTACT INFORMATION, AND HEALTH CLAIMS, BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A FOOD PRODUCT, PLEASE CONTACT THE MANUFACTURER DIRECTLY.

2.2.2. THE DATA COLLECTED AND PRESENTED THROUGH BETTERME DEVICES IS INTENDED TO REPRESENT YOUR ACTIVITY. IT IS NOT INTENDED TO MATCH THE ACCURACY OF MEDICAL DEVICES OR SCIENTIFIC MEASUREMENT DEVICES. IT’S IMPORTANT TO NOTE THAT WE DON’T ASSUME ANY RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, EFFECTIVENESS, OR PROPER USE OF THE INFORMATION YOU RECEIVE FROM THE BETTERME DEVICE.

2.3. Coaching Services

BY USING OUR VIRTUAL COACHING SERVICES, YOU’LL HAVE ACCESS TO SPECIALIZED CONTENT THAT PROVIDES GUIDANCE ON FITNESS REGIMENS AND MEAL PLANNING (“GUIDANCE”). PLEASE NOTE THAT THIS GUIDANCE ISN’T INTENDED TO SERVE AS MEDICAL ADVICE OR ANY OTHER TYPE OF HEALTH SERVICE. IT DOESN’T DIAGNOSE OR TREAT ANY DIETARY OR HEALTH CONDITIONS, NOR DOES IT OFFER ADVICE ON SUCH MATTERS. IT’S IMPORTANT TO UNDERSTAND THAT YOU ALONE ARE RESPONSIBLE FOR ANY INTERACTIONS YOU HAVE WITH THE GUIDANCE PROVIDED.

2.4. Personalization

WE MAY CUSTOMIZE AND TAILOR THE PLANS WE OFFER TO YOU BASED ON INFORMATION OBTAINED DURING THE ONBOARDING PROCESS. WHILE WE MAKE EVERY EFFORT TO MEET YOUR INDIVIDUAL FITNESS AND WELLNESS OBJECTIVES, WE MAKE NO GUARANTEES THAT OUR PERSONALIZED PLANS AND OFFERS ARE BASED ON ALL INFORMATION OBTAINED DURING ONBOARDING AND DESIGNED UNIQUELY. WE STRIVE TO ENSURE THAT OUR PERSONALIZED RECOMMENDATIONS ARE ACCURATE AND HELPFUL. THEY ARE NOT INTENDED TO REPLACE PROFESSIONAL ADVICE AND SHOULD BE USED AT YOUR OWN DISCRETION.

2.5. Individual Results

2.5.1. WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO AN AVERAGE PERSON (UNLESS OTHERWISE SPECIFIED), AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS, UNLESS OTHERWISE SPECIFIED DIRECTLY. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.

2.5.2. EACH INDIVIDUAL’S HEALTH, FITNESS, AND NUTRITION SUCCESS DEPENDS ON HIS OR HER BACKGROUND, DEDICATION, DESIRE, AND MOTIVATION. AS WITH ANY HEALTH-RELATED PROGRAM OR SERVICE, YOUR RESULTS MAY VARY, AND WILL BE BASED ON MANY VARIABLES, INCLUDING BUT NOT LIMITED TO, YOUR INDIVIDUAL CAPACITY, LIFE EXPERIENCE, UNIQUE HEALTH AND GENETIC PROFILE, STARTING POINT, EXPERTISE, AND LEVEL OF COMMITMENT. THE USE OF THE SERVICE SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOUR PHYSIQUE THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE AND USE OF THE SERVICE.

3. PROFILE REGISTRATION

3.1. In order to use certain features of the Service, you may need to register your profile (“Profile”) and provide certain information about yourself as prompted by the registration form.

3.2. If you register the Profile, you represent and warrant to the Company that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.

3.3. The Service is not intended to be used by individuals under the age of 18. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms and to abide by the terms and conditions of these Terms.

3.4. The Company reserves the right to suspend or terminate your Profile, or your access to the Service, with or without notice to you, in the event that you breach these Terms.

3.5. You are responsible for maintaining the confidentiality of your Profile login information and are fully responsible for all activities that occur under your Profile. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Profile or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. SERVICE

4.1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by the Company to operate the Service (including the App and the Content and excluding any User Content (as defined below) is proprietary to us or to third parties.

4.2. The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

4.3. The information you submit to us as part of your registration, and any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, and works of authorship kind), questions, comments, suggestions, reviews or other content, that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Services (such as message boards, food logging), whether in connection with your use of the Services or otherwise, and whether publicly posted or privately transmitted to us via the Service (“User Content”) remain your intellectual property.

4.4. The Company does not claim any ownership of the copyright in the User Content. Notwithstanding the foregoing, you agree to grant the Company the license under Section 9 of these Terms. You also agree that the Company may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.

4.5. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, license (without the right to sublicense) to (i) use the Service solely for your personal, non-commercial purposes, and (b) install and use the App, solely on your own handheld mobile device (e.g., iPhone, Android, etc. as applicable) and solely for your personal, non-commercial purposes.

4.6. You agree, represent, and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants, and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.

4.7. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

4.8. We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. Except to the extent prohibited by law (including Australian Consumer Law) or otherwise inapplicable, the Company is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Company. If such changes affect your use of the Service, you may delete your account or cancel your subscription at any time.

4.9. Your access to and use of the Service is at your own risk. Except to the extent prohibited by law (including Australian Consumer Law) or otherwise inapplicable, the Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.

4.10. The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company’s sole discretion.

5. COACHING SERVICES

5.1. As a part of the Service, the Company may offer interactive coaching services that connect you with virtual coaches and information to help you achieve your fitness and wellness goals ( “Coaching Services”).

5.2. If you have access to Coaching Services, you will be able to interact with a coach.

5.3. The coach will assist you in achieving your fitness, and wellness objectives by providing motivational tools. To establish and uphold healthy habits, improve activity and fitness, you collaborate with your coach to determine your goals. The Company may in its sole discretion engage or replace any coach with another to the Coaching Service users.

5.4. COACHING SERVICES ARE NOT MEDICAL, MENTAL HEALTH OR ANY TYPE OF HEALTHCARE SERVICE. THE COACHING SERVICES DO NOT OFFER HEALTHCARE SERVICES, NOR ARE THEY INTENDED TO SERVE AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE, CONSULTATION, OR TREATMENT FROM QUALIFIED PHYSICIANS. THE COMPANY DOES NOT ENDORSE ANY SPECIFIC MEDICAL PROFESSIONALS, TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED IN THE COACHING SERVICES. PRIOR TO UTILIZING THE COACHING SERVICES, IT IS CRITICAL THAT YOU CONSULT WITH YOUR PHYSICIAN. IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CONTACT YOUR DOCTOR OR RELEVANT EMERGENCY SERVICES IMMEDIATELY.

6. APP STORES, THIRD PARTY ADS, OTHER USERS

6.1. You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple App Store, and/or other app stores (collectively, “App Stores” and each, an “App Store”).

6.2. You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third-party beneficiary of these Terms and will have the right to enforce these Terms.

6.3. The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third Party Ads”). Such Third Party Ads are not under the control of the Company and the Company is not responsible for any Third Party Ads. The Company provides these Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the Third Party Ads. Advertisements and other information provided by the Third Party Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third-party site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with the Third Party Ads that are found on or through the App, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

6.4. Each user of the Service is solely responsible for any and all his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such users. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

6.5. You hereby release us, our officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third Party Ads.

7. SUBSCRIPTION FEES AND PAYMENT

7.1. Certain features of the Service may be offered on a subscription basis for a fee. You may purchase a subscription directly from the Company or through an App Store either by (1) paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase; or (2) prepayment giving you access to the Service for a specific time period (together or separately “Purchase”).

7.2. To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification, or in other prominent ways. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Service.

7.3. You authorize us and the App Stores to charge the applicable fees to the payment card that you submit.

7.4. Automatically Renewing Subscriptions.
By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription you authorize us and the App Stores to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional (introductory) and discount pricing, unless we notify you of a rate change prior to your auto-renewal.

7.5. Subscription Cancellation.
You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription.

7.6. Subscription Trials.
We may offer a paid trial subscription for the Service. Trial provides you access to the Service for a period of time, with details specified when you sign up for the offer.. If this is not the case, you will purchase our subscription without a trial.

7.7. Subscription Trial Cancellation.
Unless you cancel before the end of the trial period, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service.

Except where otherwise inapplicable or prohibited by law, we reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the subscription trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple trials.

7.8. The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).

7.9. Subscriptions purchased via an App Store are subject to such App Store’s refund policies. This means we cannot grant refunds. You will have to contact App Store support.

7.10. No Refunds on Subscriptions.

Subject to clause 7.11 below, you agree that the Purchase is final, that the Company will not refund any transaction once it has been made, and that the Purchase cannot be canceled. When you make the Purchase, you acknowledge and agree that all Purchases are non-refundable or exchangeable. Notwithstanding anything to the contrary in the foregoing, the Company will provide refunds and/or Purchase cancellations in cases and to the extent required by mandatory provisions of the applicable law. The Company may also provide refunds at its own discretion and subject to our policies that may be published from time to time.

7.11. If you are a consumer based in the EEA or Switzerland, you have an automatic legal right to withdraw from contracts for purchases of Services. However, when you make a purchase of a single item of digital content (such as a video recording or a pdf file) you expressly agree that such content is made available to you immediately and you, therefore, lose your right of withdrawal and will not be eligible for a refund. By signing up for our Service which is not a single item of digital content and is provided on a continuous basis (such as subscriptions to the Service) you expressly request and consent to an immediate supply of such Service. Therefore, if you exercise your right of withdrawal we will deduct from your refund an amount that is in proportion to the Service provided before you communicated to us your withdrawal from the contract.

– Exercise of the Right of Withdrawal. Where you have not lost your right of withdrawal, the withdrawal period will expire 14 days after the day you enter into that contract. To exercise your right of withdrawal, you must inform us – BetterMe International Limited, Themistokli Dervi 39, 1st floor, Office 104, 1066, Nicosia, Cyprus, email: support@bettersmee.com – of your decision to withdraw from a contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, you need to send your communication to us saying you wish to withdraw from the contract before the withdrawal period has expired.

– Model Withdrawal Form

To: BetterMe International Limited, Themistokli Dervi 39, 1st floor, Office 104, 1066, Nicosia, Cyprus, email: support@bettersmee.com

I hereby give notice that I withdraw from my contract for the following service:

Received on:

Name:

Address:

Signature: (required only if sent by post mail)

Date:

7.12. We may post clear and conspicuoussubscription terms from time to time on our websites and within the Apps.

8. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

THIS SECTION 8 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, IN PARTICULAR:

All claims must be resolved through binding arbitration by a neutral arbitrator;
You are waiving the right to a trial by jury; the rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist;
You may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding;
The arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.

8.1. Applicability of Arbitration Agreement

This arbitration agreement governs any dispute between you and the Company (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms (“Dispute”), except claims that can be brought in small claims court if your claims qualify within the scope of that court’s jurisdiction.

Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you opt out of this arbitration and class action waiver provisions by sending electronic notice of your decision to opt-out to legal.support@bettersmee.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Service that contained any versions of the Terms that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. If you opt out of this Arbitration Agreement, the Company also will not be bound by it and any Dispute shall be resolved in accordance with Section 17. If you don’t exercise the right to opt-out, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except claims that can be brought in small claims court.

This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.

The relevant arbitrator shall have sole authority to determine the applicability, existence, validity, and termination of the Arbitration Agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.

8.2. Initial Dispute Resolution

We are always interested in resolving disputes amicably and efficiently. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement.
If you have any dispute with the Company, you agree that before taking any formal action, you will contact us at legal.support@bettersmee.com or at BetterMe International Limited, Themistokli Dervi 39, 1st floor, Office 104, 1066, Nicosia, Cyprus, and provide a brief, written description of the dispute and your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Company, and good faith negotiations will be a condition to either party initiating an arbitration. Engaging in an informal dispute resolution is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before the completion of an informal dispute resolution. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

8.3. Mandatory Arbitration

This arbitration agreement provides that all Disputes must be resolved through BINDING ARBITRATION, except to the extent that the applicable law prohibits the exclusive use of arbitration for dispute resolution.

YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND AGREE TO HAVE OUR DISPUTES FINALLY SETTLED BY BINDING ARBITRATION before one arbitrator administered by:

the London Court of International Arbitration (“LCIA”) if you are not a U.S. resident. Disputes are subject to the most current version of the LCIA Arbitration Rules when the notice of arbitration is submitted. Information about the LCIA’s rules can be found at https://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration.aspx; or
Judicial Arbitration and Mediation Services, Inc. (“JAMS”) if you are a U.S. resident. Disputes involving claims and counterclaims under USD 250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.

In each case the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.

If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.

8.4. Waiver of Class Action and Collective Relief

EXCEPT AS SPECIFIED IN THE “BATCH ARBITRATION”, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS OF THE SERVICES, OR ANY OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.

THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES.

8.5. Arbitration Procedures

– Overview. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ Dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and the Company.

– Seat of Arbitration. The seat of the arbitration shall be:

if you are not a U.S. resident, London, United Kingdom;
if you are a U.S. resident, Delaware, U.S.

– Choice of Law. The governing law applicable to the arbitration agreement and the arbitration shall be:

if you are not a U.S. resident, the laws of England and Wales (also known as English Law), without regard to English Law’s conflict of laws rules; or
if you are a U.S. resident, Delaware law is consistent with the Federal Arbitration Act and applicable statutes of limitations, having regard to claims of privilege recognized at law.

– Language. The language of the arbitration shall be English.

– Commencing an Arbitration. To start an arbitration, you must follow the instructions available at:

https://www.lcia.org/adr-services/lcia-notes-for-parties.aspx#5.%20COMMENCING%20AN%20LCIA%20ARBITRATION for LCIA; or
https://www.jamsadr.com/submit/ for JAMS.

You may represent yourself in the arbitration or have a lawyer (or some other representative) act on your behalf. Upon receipt of an arbitration claim, we may assert any counterclaims we may have against the complaining party.

– Fees. If you are a consumer and you initiate arbitration against us, the only filing fee you will be required to pay is USD 250 and the rest of the filing fees (if any) shall be borne by us. If the arbitrator finds the arbitration initiated by you to be non-frivolous and/or not in bad faith we will cover all other arbitration costs, including case management fees and all professional fees for the arbitrator’s services (but not your attorneys’ fees, if any).

If we initiate arbitration against you and you are a consumer, we will pay for all costs associated with the arbitration (but not your attorneys’ fees, if any).

The parties shall be responsible for paying their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

Should either party bring a Dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.

– Selection of the Arbitrator. The arbitrator who will hear and decide your Dispute will be appointed by the LCIA or JAMS, as applicable, in accordance with their respective rules.

– Arbitration Hearings. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer, you have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by the administrator of arbitration or by the arbitrator.

– Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.

– Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex-parte communications are not permitted with any arbitrator.

– Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

– Arbitration Award. The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award.

– Waiver of Appeal. The parties agree that the award shall be final and binding upon the parties and waive any right to refer any question of law and any right of appeal on the law and/or the merits to any court.

– Consumer Remedies. If you are a consumer, remedies that would otherwise be available to you under applicable laws will remain available under this Arbitration Agreement, unless you retain the right to pursue such remedies in court as per this Agreement.

8.6. Batching Arbitrations

To the extent permitted by applicable law, to increase the efficiency of the resolution, in the event 100 or more similar arbitration demands against the Company, presented by or with the assistance or involvement of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period:

the parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands);
claimants’ counsel shall organize and present the batched demands to the Arbitration Provider in a format as directed by the arbitration provider;
The arbitration Provider shall provide for the resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch, and
the Arbitration Provider shall send one set of disclosures per batch and will set up one Arbitration Management Conference per batch.

You agree to cooperate in good faith with the Company and the Arbitration Provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section.

All parties agree that requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.

To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise Arbitration Providerand Arbitration Provider shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite the resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by the Company

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly outlined in this provision.

8.7. Severability of Arbitration Agreement

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties ability to compel arbitration of any remaining claims on an individual basis according to this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court under Section 16, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual from seeking the remedy of public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.

8.8. Survival

This arbitration provision shall survive termination of these Terms.

9. USER-GENERATED CONTENT

9.1. Grant of License. You hereby grant the Company, its sublicensees, successors, and assigns a royalty-free, perpetual, sublicensable, assignable, non-exclusive right, and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, transmit, edit, reformat, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, display and otherwise use any User Content (in whole or in part) worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks, and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such User Content.

9.2. The license granted herein explicitly excludes any personal data as defined under applicable privacy laws and regulations.

9.3. You hereby represent and warrant that you own all rights, title, and interest in and to User Content or are otherwise authorized to grant the rights provided to the Company under this section. You also warrant that to the extent, you are not the exclusive holder of all Rights in a User Content, any third party holder of any Rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. Subject to the foregoing, the owner of a User Content placed on the Services retains any Rights that may exist in such User Content.

We are not responsible for maintaining a copy of any material we remove from our Services, and we are not liable for any loss you incur if Content you post or transmit to our Services is removed.

9.4. If you would like to revoke the granted License to specific User Content, please contact us via legal.support@bettersmee.com.

10. SHOPPING

10.1. Additional e-commerce terms and conditions are available below in Annex A (“Terms of Sale”) and apply to the sale by the Company of BetterMe devices (such as BetterMe Band), apparel, accessories, and other wellness products (“Products”) available through our BetterMe Store. These Terms apply to the online sale and delivery of Products through the BetterMe Store in part, which is not regulated by the Terms of Sale. Please review them before making purchases through the BetterMe Store. We also aim to provide information about our refund, exchange, re-stocking, taxes, and shipping at or near the point of purchase. If you have questions related to the BetterMe Store, please contact our support team via support@bettersmee.com.

11. BETTERME DEVICES

11.1. BetterMe devices can be connected to the specific mobile application designated by the Company (“Authorized Connections”). The Company makes no representations or warranties regarding the content or functionality of any connection of BetteMe devices to third-party applications or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, then you do so at your own risk.

Any connection of the BetterMe devices to a different mobile application or software will not be covered by these Terms.

11.2. BetterMe Devices are not medical devices and are not intended to diagnose, treat, cure, or prevent any health conditions. While the BetterMe Devices may provide metrics such as heart rate, steps taken, and sleep patterns, these are only estimates and may not be 100% accurate. Given the potential inaccuracies, these devices and their associated metrics should not be relied upon for medical purposes, including but not limited to the diagnosis or treatment of any health condition. Users should consult with a qualified healthcare professional before making any medical decisions based on the data provided by these devices. By accepting these terms, the user acknowledges and agrees that the device is not a substitute for professional medical advice, diagnosis, or treatment and assumes all responsibility for any risks associated with the use of the device for health monitoring purposes.

11.3. The Company does not assume any liability for inaccuracies or misstatements in the work of the BetterMe device with third-party mobile applications or software.

12. USER REPRESENTATIONS AND RESTRICTIONS

12.1. By using the Service, you represent and warrant that:

you have the legal capacity and you agree to comply with these Terms;
you are not under the age of 18;
you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise;
you will not use the Service for any illegal or unauthorized purpose;
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;
you are not listed on any U.S. government list of prohibited or restricted parties; and
your use of the Service will not violate any applicable law or regulation.

12.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).

12.3. You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically authorized or approved by us.

12.4 As a user of the Service, you agree not to:

systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
make any unauthorized use of the Service;
make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
use the Service for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;
make the Service available over a network or other environmental permitting access or use by multiple devices or users at the same time;
use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service;
circumvent, disable, or otherwise interfere with security-related features of the Service;
engage in unauthorized framing of or linking to the Service;
interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software;
use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
use the Service in a manner inconsistent with any applicable laws or regulations; or
otherwise, infringe these Terms.

12.5. When interacting with our customer care representatives, we ask that you maintain a respectful and kind demeanor. Should your conduct towards any of our customer care representatives or other employees be perceived as threatening, harassing, or offensive at any point, we retain the authority to terminate your account with immediate effect.

13. ADDITIONAL DISCLAIMER OF WARRANTIES

13.1. Basic Disclaimers of Warranties.

EXCEPT TO THE EXTENT PROHIBITED BY LAW (INCLUDING UNDER AUSTRALIAN CONSUMER LAW) OR OTHERWISE INAPPLICABLE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE.

In particular, the released parties make no and expressly disclaim any warranty that:

the Service will meet your requirements,
the Service will be uninterrupted, timely, secure, or error-free,
the results that may be obtained from the use of the Service, including data, will be accurate or reliable,
the quality of any data or service available on the Service will meet your expectations, and
any errors in the service will be corrected.

Any material obtained through the use of the Service is accessed at your discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.

We cannot guarantee and do not promise any specific results from the use of the App and/or the Service. You agree also to take the risks of interruption of the Service for any technical reasons.

13.2. Absence of Any Advice on the Service

Any statement that may be posted on the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.

The Company makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability relating to your reliance on the statements or other information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

13.3. Change of Website Information and Service

We may change all the information provided on the Service at our sole discretion without notice.

We may at any time modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion with or without notice.

13.4. These Terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

13.5. If you are a consumer based in the EEA or Switzerland:

13.5.1. As part of the legal obligation to make sure that our Service conforms to these Terms, we may, from time to time, offer and request you to install security and technical updates. It is your responsibility to install such updates without delay and to update the operating system of your end device if this is required for such updates. We will not be liable for any lack of conformity of the Service resulting from the lack of the relevant update when you fail to install the update that we supplied to you.

13.5.2. If our Service does not conform to these Terms, you have the right to have the defect corrected. You will reasonably cooperate with us to assess whether the cause of the lack of conformity lies in your digital environment. If you do not provide such cooperation, the burden of proof of any conformity will lie with you.

14. LIMITATION OF LIABILITY

14.1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE APP OR CONTENT) AND PRODUCTS, OR THIRD PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE (INCLUDING THE APP, CONTENT, AND USER CONTENT), AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

14.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT, SERVICE, OR PRODUCTS, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.

14.3. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

14.4.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT ONE OR ANY ASPECT OF LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

14.5. If you are a resident of the EEA or Switzerland:

If defective digital content supplied by us within the Service damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14.6 If you are a resident of Australia:

Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled to:

(a) cancel your contract for purchase of the Service; and
(b) receive a refund for the unused portion of the Service, or compensation for its reduced value.

If a failure with the Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to cancel your contract for purchase of the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Service.

15. INDEMNITY

15.1. You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service or Products, (ii) your User Content, or (ii) your violation of these Terms.

15.2 The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

16. INTERNATIONAL USE

16.1 The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and you are responsible for compliance with local laws.

17. GOVERNING LAW AND VENUE

17.1. These Terms shall be governed in accordance with the laws of England and Wales (excluding its body of law governing conflicts of law).

17.2. To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction of the courts of England and Wales to settle any disputes that may arise out of or in connection with this Terms and that accordingly proceedings must be brought in such courts.

17.3. The parties irrevocably submit to the personal jurisdiction and venue of the courts of England and waive any defenses of improper venue or forum non conveniens.

17.4. If you are a consumer based in the EEA or Switzerland:

Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.

If you have a complaint, please contact us at legal.support@bettersmee.com. If you feel your complaint is not adequately addressed you may – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr. Other than as set out in these Terms, the Company does not participate in any alternative dispute resolution scheme.

You may bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this country of habitual residence is an EEA, which courts are – with the exclusion of any other court – competent to settle any of such a dispute. The Company shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence.

You agree that the Services, Terms, and any dispute between you and the Company shall be governed in all respects by laws of England and Wales, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods.

18. MISCELLANEOUS PROVISIONS

18.1. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by the Company of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.

18.2. Subject to Section 8, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

18.3. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company regarding its subject matter, and supersede all prior promises, agreements, or representations, whether written or oral, regarding such subject matter.

18.4. The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give the Company consent to any such assignment and transfer. You confirm that placing on the Service a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of the Company’s rights and obligations under the Terms (unless otherwise expressly indicated).

18.5. All information communicated on the Service is considered electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You also agree that such communication may be conducted by using third-party providers that allow us to manage and facilitate these electronic interactions efficiently and securely. In recognition of the diverse and complex nature of our Service, you acknowledge that we engage third-party providers for a broad range of services that support and enhance our offerings. This may include, but is not limited to, processing transactions, as well as other operational, technical, and logistical support functions. Our use of third-party service providers allows us to deliver our Service more efficiently and effectively for you.You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “CONTINUE”, “REGISTER”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.

18.6. In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company’s reasonable control.

19. CONTACT

If you want to send any notice under these Terms or have any questions regarding the Service and Products, you may contact us at: support@bettersmee.com.

If you have any legal inquiries, you may contact us at legal.support@bettersmee.com.

If you have any privacy inquiries, you may contact us at privacy@bettersmee.com.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

BetterMe International Limited (reg. No. HE 417945 with registered office at Themistokli Dervi 39, 1st floor, Office 104, 1066, Nicosia, Cyprus)

Last Updated: 13 May 2024

ANNEX A: TERMS OF SALE

These terms of sale (“Terms of Sale”) apply to your shopping experience by you through BetterMe websites (the “BetterMe Store”) in connection with the online sale and delivery of BetterMe devices (such as BetterMe Band), apparel, accessories, and other wellness goods (“Products”), but excluding digital products and services, which are expressly addressed in the Terms of Service. If you place an order for our Products through the BetterMe Store, upon the order confirmation, a contract of sale will be executed between you and the Company which will be governed by these Terms of Sale. In addition to the Terms of Sale, by placing the order, you acknowledge and agree to be bound by our Terms and conditions of Use and Privacy Policy.

You represent and warrant that you have the legal capacity to agree to these Terms of Sale.

1. ORDERING AND CHANGES TO ORDERS

1.1. The Company may refuse or cancel any order or limit any order quantity in our sole discretion, even after receiving your order. We may also require additional qualifying information prior to accepting or processing your order. If you are using your workplace email address, be aware that many corporations use spam filters to disqualify incoming automated emails, which could hamper delivery of our confirmation email to you or send it to junk mail.

1.2. In the course of placing your order, you may be asked to provide us with your payment and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT METHOD THAT YOU CHOOSE TO USE TO COMPLETE ANY SUCH TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating transactions in accordance with our Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any transaction.

1.3. You are obliged to provide the correct shipping information and email address. The Company is not responsible for the Products that are not received due to inaccurate shipping information.

1.4. The estimated delivery time stated on the BetterMe Store is calculated from the shipping confirmation and not from the time when you placed the order.

1.5. The actual delivery of your order can be affected by unforeseen circumstances beyond our control, for example, pandemic, fires, explosions, floods, acts of war, sabotage, riots, accidents, breakdowns of machinery or equipment, strikes, labour disputes, or shortages, all governmental actions, inability to obtain material equipment or transportation or natural disasters, which we could not reasonably have foreseen (Force Majeure) and you agree we are not liable for late deliveries (unless otherwise specified by law).

1.6. Title to the Products will pass to you upon delivery of the Products to the carrier; however, risk of loss of, or damage to, the Products will pass to you upon delivery of the Products to you.

2. AVAILABILITY OF PRODUCTS

2.1. The Company reserves the right to add or remove products and services from the BetterMe Store at any time for any reason. The Company also reserves the right to change quantities available for purchase at any time, even after you place an order. We may experience shortages of stock of a particular style, color or size, and cannot guarantee that items which appear to be in stock are actually available.

2.2. The Company makes no representations as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any products or services available through the BetterMe Store. Such information and the availability of any product or service (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. The Company makes reasonable efforts to accurately display the attributes of products, including the applicable colours, however the actual colours you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any product or service.

3. PRICING

3.1. Prices usually include delivery and handling charges and applicable taxes. If prices do not include such charges and taxes, we will communicate this to you before you place your order. We reserve the right to change the prices for any products or services in the BetterMe Store at any time without notice.

3.2 Please note that our prices do not include any import duties, tariffs and similar fees that may be imposed by the delivery destination.

4. WARRANTY, RETURN AND REFUND POLICY

4.1. Limited Product Warranty

4.1.1. LIMITED PRODUCT WARRANTY PROVIDES YOU WITH THE SPECIFIC RIGHTS. IN YOUR STATE, COUNTRY, OR JURISDICTION YOU MAY HAVE OTHER RIGHTS NOT SPECIFIED IN THIS WARRANTY. OTHER THAN AS PERMITTED BY LAW, WE DO NOT EXCLUDE, LIMIT OR SUSPEND ADDITIONAL LEGAL RIGHTS YOU MAY HAVE. FOR A FULL UNDERSTANDING OF YOUR RIGHTS PLEASE CONSULT THE LAWS OF YOUR STATE, COUNTRY, OR JURISDICTION.

4.1.2. If you are a consumer based in the EEA or Switzerland, you may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EU directive 99/44. These rights are not affected by this limited warranty.

4.1.3. If you are a customer based in Australia, the Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

4.1.4. You may read details on Limited Product Warranty here.

4.2. Return & Refund

4.2.1. Subject to clause 4.1 of these Terms of Sale, if you are unsatisfied with your purchase of the Products from the BetterMe Store for any reason, we offer a refund if you meet the conditions set here.

THIS RETURN RIGHT DOES NOT APPLY TO THE PURCHASE OR RENEWAL OF ANY SERVICES, AS DEFINED IN AND GOVERNED BY OUR TERMS. To qualify for a refund, you must meet all the following conditions:

request a refund within 30 days after receiving the item. To request a refund, you need to contact us at shop@bettersmee.com indicating the following details: name; order number; reason for refund; and
return the Product in brand new condition, including all parts included in its original state and packaging, no later than 30 calendar days from the date of request. Apparel shall have the original tags attached and shall be unwashed and unworn.

4.2.2. You may read details on return & refund here.

4.3. Delivery charges, and wrap fees paid during the return of the Product are not refundable. If your return fails to meet any of the above conditions, we may, in our discretion, refuse to accept it.

4.4. Right of Withdrawal

If you are a consumer based in the EEA or Switzerland, you have an automatic legal right to withdraw from contracts for purchases of Products.

– Effects of Withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

– Model Withdrawal Form

To: BetterMe International Limited, Themistokli Dervi 39, 1st floor, Office 104, 1066, Nicosia, Cyprus, email: support@bettersmee.com

I hereby give notice that I withdraw from my contract of the following service:

Received on:

Name:

Address:

Signature: (required only if sent by post mail)

Date:

4.5. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund.

5. GIFT CARDS TERMS

5.1. These Gift Card Terms and Conditions (the “Gift Card Terms”) apply to all BetterMe Store’s electronic gift cards (“eGift Cards”), purchased, used, loaded, obtained, or otherwise redeemed (collectively “Used”) by you.

By using a Gift Card, you agree to be bound by the Terms, which include these Gift Card Terms, BetterMe’s Terms and Conditions of Use, and Terms of Sale.

For balance inquiries please check your balance or visit our Gift Cards page on BetterMe Store.

5.2. eGift Cards are available for purchase only online in the BetterMe Store and can be purchased in increments of 25$, 50$, 100$, 150, 200$, 500$.

eGift Cards have no value until activated. The Company reserves the right to suspend or delay activation until payment has been cleared. 

eGift Cards are only valid if purchased from the BetterMe Store or an authorized third-party distributor. The eGift Card is neither valid nor acceptable, and we will not be held liable, if it is obtained from unauthorized sellers or resellers, including Internet auction sites.

5.3. Limitations:

The Company limits the maximum value of each eGift Card to $500.

You may not use third-party gift cards (e.g., mall gift cards) to purchase an eGift Card.

You may not use the Company’s or third-party promo codes to purchase an e eGift Card.

Your eGift Card balance cannot be used to purchase other eGift Cards.

eGift Cards may not be purchased using promotional offers or discounts. 

Each purchase may only include the use of one Gift Card.

An eGift Card is not a credit, debit, or charge card. No implied warranties are attached to purchased eGift Cards.

eGift Cards cannot be returned; resold; used for payment outside of BetterMe Store; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by the Company. No portion of your eGift Card balance may be transferred to another person or applied to any other account, except to the extent required by law.

BetterMe Store will not be liable for any failure or delay in delivery. You are obligated to provide the correct email address, as applicable. The Company is not responsible for eGift Cards that are undeliverable or not received due to inaccurate delivery information.

eGift Cards obtained or purchased from non-BetterMe sources may be invalid or have a lower redeemable balance or value than the unauthorized vendor represented. The Company is not obligated to honor invalid eGift Cards or balances, or values that have been misrepresented or are incorrect. 

5.4. Redemption:

eGift Cards can only be redeemed at the BetterMe Store.

When you use the eGift Card to make a purchase, the amount available on the eGift Card is reduced by the purchase amount, and each subsequent purchase is deducted from the balance. The use of your eGift Card for purchases is a demand for and withdrawal from the remaining value on your eGift Card. The balance will remain on the eGift Card until it is decreased to zero. You must have sufficient available funds on an eGift Card to make any purchase or pay any difference between the available funds and the purchase amount in cash or by credit card, or in a form acceptable to the Company.

You do not have the authority to halt a purchase initiated with your eGift Card and you are liable for any such transaction. The Company reserves the right to refuse an eGift Card or limit the ability to use if the Company has reason to believe that the Use is unauthorized, fraudulent, or otherwise illegal.

eGift Cards cannot be used to purchase certain ineligible goods and services (e.g., the Company’s digital products or subscriptions). To pay for an order that includes any ineligible items, you may need to provide a credit card, debit card, or another valid payment method. Eligible goods and services are subject to change at our discretion.

eGift Cards cannot be transferred to another account after you have redeemed the claim code.

You are not permitted to Use eGift Cards to fulfill sales or fund purchases with the intent of reselling or exporting the goods or services.

5.5. Subject to the Returns Policy, all returns for purchases made with an eGift Card will result in a credit to an eGift Card or issuance of a new Gift Card in the amount of the returned item. If multiple payment methods were used for the purchase, the portion paid for with an eGift Card will be refunded accordingly.

5.6. eGift Cards purchases are generally final and non-refundable, except as mandated by applicable law.

5.7. eGift Cards never expire or accrue fees.

5.8. In the event of a technical malfunction with an eGift Card, you may contact us via support@bettersmee.com for resolution.

5.9. The risk of loss and title for eGift Cards passes to the purchaser upon sale, upon electronic transmission of the eGift Card to the purchaser or designated recipient from the Company.

You are responsible for safeguarding your eGift Card from unauthorized use. The Company is not responsible if any Gift Card is lost, stolen, or destroyed or if your Gift Card is used without your permission. The Company will not replace or replenish eGift Cards that are lost, stolen, or used without authorization.

5.10. Beware of gift card scams. Do not share your eGift Card number and PIN if you are NOT purchasing an item from BetterMe Store. You can report potential scams to your local law enforcement. There are a variety of gift card scams that request payment by a gift card. The Company is not responsible for and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any gift card.

5.11. By Using an eGift Card, you agree to comply with our Terms and not Use an eGift Card in a way that is harmful to the Company or its affiliates. If you engage in a prohibited activity that violates our Terms, or that, in our sole discretion, disrupts or harms our customers, reputation, goodwill, business, or operations, we may take additional action(s) against you and impose restrictions on eGift Cards, including Gift Card balances, services, and accounts, orders, and purchases.

We reserve the right, without prior notice, at any time and in our sole discretion to (i) prohibit you from purchasing, claiming or redeeming, or reloading eGift Cards; (ii) void, limit, modify, deactivate, suspend, or refuse to accept eGift Cards (including as a component of your Online balance) without a refund; (iii) cancel or limit orders and fulfillment (including orders relating to eGift Cards and balances used to make purchases); or (iv) close or suspend accounts and access to our services. This may occur under certain situations, including, but not limited to (a) if a eGift Card was obtained, used, or applied to an Online account or used as payment in a manner that is fraudulent, illegal, or in violation of our Terms and policies; (b) if the eGift Card balance uploaded or applied to an Online account exceeds a legal or regulatory limit; (c) if we experience an issue with the on-file payment (e.g., insufficient funds) and/or need to verify information for payment to clear; and/or (d) if an update or change in law imposes new legal requirements

5.12 eGift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).

It is strictly prohibited to use the Company’s name, logo, trade dress (including any image/likeness of the eGift Cards), or intellectual properties, including without limitation, trademark and copyright, in connection with eGift Cards in any way that states or implies that any person, website, business, product, or service is endorsed or sponsored by or otherwise affiliated with the Company or any of its subsidiaries or affiliates.

5.13. The Company makes no warranties, express or implied, concerning eGift Cards, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event an eGift Card code is non-functional, your sole remedy and our sole liability shall be the replacement of such eGift Card. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

6. MISCELLANEOUS PROVISIONS

6.1. CONSUMERS IN SOME JURISDICTIONS MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING THE SALE OF CONSUMER GOODS, INCLUDING, WITHOUT LIMITATION, AUSTRALIAN CONSUMER LAW, NATIONAL LAWS IMPLEMENTING EC DIRECTIVE 99/44. THESE RIGHTS ARE NOT AFFECTED BY THE PROVISIONS STATED ABOVE.

6.2 These Terms of Sale are in addition to the Terms and shall not replace them. Except as otherwise stated herein, these Terms of Sale along with the Terms constitute the entire and exclusive understanding and agreement between us regarding any orders you make on the BetterMe Store, and supersede and replace any and all prior oral or written understandings or agreements between us relating thereto.