Supplemental Terms For Hardware

1.0 GENERAL 

These hardware terms (“HW Terms”), together with the overhead agreement which refers to this supplemental as being applicable between the Parties (the “Active8me Terms of Use”), govern your purchase or use of any fitness trackers, heart rate monitors, receivers, payment enabling, and other similar products or hardware Active8me sells you (the “Hardware” or “HW”), any user guides or documentation related thereto (“HW Documentation”), and any ancillary services, support, firmware, or software provided by Active8me in connection with the HW (the “HW-Related Services”). Capitalized terms used in these Hardware Terms but not otherwise defined herein will have the meaning given to them in the Active8me Terms of Service.

 

2.0 HARDWARE

Upon successfully ordering Hardware from Active8me (either as part of an overall subscription plan or otherwise), you will be issued an order confirmation indicating acceptance of your order (“Order Confirmation”). Active8me will use commercially reasonable efforts to ship the Hardware on or about the date specified in the Order , subject to availability. Active8me will not be liable for any damage or penalty arising from delay in delivery, installation, or activation or from failure to give notice of any such delay. All shipments are FCA (Incoterms® 2010) shipping point, unless otherwise specified, and you will bear risk of loss or damage to the Hardware following shipment. Title to the Hardware shall pass to you upon final payment for such Hardware.

 

3.0 LIMITED RIGHT FOR RETURN OF REFUNDS

If you are not satisfied with the HW that you purchased from Active8me, you may contact us for a return material authorization (“RMA”) within thirty (30) calendar days after receiving your HW from Active8me. The HW must be returned to Active8me within ten (10) calendar days of the issuance of the RMA. If you complete the satisfactory return of the HW to Active8me, you will be refunded your purchase price paid to Active8me for the HW, minus a restocking fee of twenty-five percent (25%) of the purchase price. Active8me will deduct the restocking fee from any refund Active8me makes to you. This Section 3.0 describes Active8me’s sole obligation, and the exclusive remedy, if the HW does not perform as anticipated or operate in accordance with the HW Documentation. Returns and refunds from Active8me only apply to you, the original purchaser of the HW directly from Active8me.

 

4.0 HARDWARE-RELATED SERVICES

The HW-Related Services, which are not “Services” for the purpose of the Agreement, do not include any software, apps or services not provided by Active8me or third party components.

The HW or HW-Related Services may include certain third party components that are subject to additional or alternative licenses, terms and/or restrictions as set out in the HW Documentation. Additionally, certain portions of the HW’s software may include code which is subject to “open source” or “free software” licenses (“OSS”), a list of which is available in the HW Documentation or [insert website link], as necessary. The OSS is not subject to the foregoing HW Terms or Active8me Terms of Service, except for the disclaimers, limitations of liability and this paragraph. Instead, each item of OSS is licensed under the terms of the license that accompanies such OSS. Nothing in these HW Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for the OSS, including any rights to copy, modify, or distribute the OSS under the applicable license. If Active8me makes modifications to such OSS and if the applicable OSS license requires that such modifications be made available and Active8me does not already publish such modifications via the applicable OSS community, then Active8me will make its modifications available after your reasonable request.

 

5.0 SUPPORT SERVICES

As part of the HW-Related Services you will have access to Active8me’s standard support services by contacting support@active8me.com.

 

6.0 PAYMENT

You agree to the payment terms stated on an Order Form or otherwise specified by Active8me. Except as specified above in Section 2, all payment obligations are non-cancellable and all fees paid are non-refundable.

 

7.0 MEDICAL AND OTHER DISCLAIMERS AND ACKNOWLEDGEMENTS

Use or reliance on the HW or HW-Related Services is solely at your and/or the HW End User’s risk. The HW and HW-Related Services are not a medical or scientific device or service, and are not as accurate as such medical or scientific devices or services. The HW is designed to provide helpful and accurate information for normal healthy individuals, but Active8me makes no endorsement, representation, or warranty of any kind regarding the HW or HW-Related Services other than the limited remedies and refunds expressly provided in Section 2 . Active8me is not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information provided in connection with the HW or HW-Related Services. Use of the HW should not replace good judgment and common sense. Please read and comply with all safety notices that accompany the HW and ensure that any End User of the HW agrees to and understands the disclaimers, acknowledgments, and limitations described in these HW Terms and the Documentation.

The HW is not intended to diagnose, treat, cure, or prevent any disease. If you or any End User of the HW has a medical or heart condition, consult a doctor before using the HW. If you or any End User of the HW experiences a medical emergency, stop using the HW and consult with medical or emergency service professional(s).

Prolonged contact with wearable devices may contribute to skin irritation or allergies in some End Users. To reduce irritation: (a) keep it clean, (b) keep it dry, (c) do not wear it too tight, and (d) give your skin relief by removing the band after extended wear.

If you or any End User notices any skin irritation, soreness, tingling, numbness, burning, or stiffness while or after wearing the HW, remove it and discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult a doctor or other medical professional. Also, have End User consult a doctor prior to use of the HW if they (a) have a medical or heart condition, (b) are taking any photosensitive medicine, (c) have epilepsy or are sensitive to flashing lights, (d) have reduced circulation or bruise easily, or (e) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders.

Except as expressly provided otherwise, to the maximum extent permitted by applicable law, Active8me makes no representations or warranties of any kind, whether express, implied, statutory or otherwise, and specifically disclaims all implied warranties, including without limitation any warranties of title, non-infringement, merchantability or fitness for a particular purpose with respect to the HW and HW-related services and/or related HW documentation. Active8me does not warrant that the HW or HW-related services will be secure, timely, error-free or uninterrupted, or that the hw or hw-related services are or will remain updated, complete or correct, or will meet your requirements or that the systems that make the hw-services available (including without limitation the internet, other transmission networks, and your local network and equipment) will be uninterrupted or free from viruses or other harmful components. The HW and HW-related services are provided on an “as is” with all faults and “as available” basis and solely for use in accordance with this agreement.

 

8.0 END USERS AND THIRD PARTIES

As between you and Active8me and to extent permitted by law, you are solely responsible for any access, use, reliance, or other activity, transfer or disposition of the HW after you receive it from Active8me, including in connection with your end users and local or other retail or consumer laws. you acknowledge and agree the pricing for the HW and HW-related services to you from Active8me were based on this allocation of risk.

You are solely responsible for ensuring that all End Users and other third parties accessing, using, or otherwise interacting with the HW or HW-Related Services are made aware of, understand, agree to, and comply with Section 6 and understand that Active8me provides no warranties or assumes any liability to them.

In addition to the other indemnities in Section 2 of the Active8me Terms of Use, you agree to indemnify, defend, and hold harmless the Active8me Parties from and against any and all third party claims alleged or asserted against any of them, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys’ fees and costs) arising from or relating to any access, use, reliance, or other activity transfer or disposition pertaining to the HW by you, an Affiliate, End User, or other third party after Active8me provides the HW to you. Upon your receipt of the HW, you assume all risks relating to the HW to the maximum extent permitted by law, except for the rights described in Section 3.0 above.

 

9.0 INCORPORATION OF ACTIVE8ME’S TERMS OF USE

You acknowledge that these HW Terms are hereby incorporated into the Active8me Terms of Use (www.active8me.com/termsofuse) and are therefore part of the Agreement. Any dispute or claim arising from or relating to these HW Terms, the HW and/or the HW-Related Services is subject to the warranties and disclaimer, limitations and exclusions of liability, governing law and all other terms in the Active8me Terms of Use. Any conflicts between the Active8me Terms of Use and these HW Terms will be resolved in favoUr of these HW Terms.

 

Copyright, last updated on 24th January, 2017
Active8me Pte Ltd (UEN No.: 201530491Z).
All rights reserved.

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