Please read these Terms carefully before you start to use the Website. By using the Website, you indicated that you accept these Terms, our Privacy Statement and our Cookies Policy and that you agree to abide by them. If you do not agree to these Terms, please do not use the Website.
- In order to become a User ("User" or "you") of the Website and to enjoy the services offered and features available on the Website ("OpenFIT Services"), you must read and accept all these Terms and the Privacy Statement. By browsing, accessing or using the Website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to these Terms. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
- We may modify these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our service offering. Such modification shall be effective upon posting by us on the Website. You agree to be bound by any changes to these Terms when you use the OpenFIT Services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.
Use of the Website
- Your use of the Website is governed by these Terms. We may at our absolute discretion refuse you access to the Website.
- You must be 18 years of age or over to use the Website.
- Use of the Website requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.
- The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by OpenFIT. Illegal and/or unauthorised use of the Website is prohibited. Appropriate legal action will be taken against you for any illegal or unauthorised use by you of the Website.
- We disclaim any and all responsibility in relation to any OpenFIT Services offered or made available on the Website to the maximum extent permitted by law. Neither OpenFIT nor its officers, employees or agents may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of OpenFIT Services accessed or agreed to be supplied in connection with the Website.
- You agree to act in a responsible and legal manner when using the Website and accessing the OpenFIT Services. You shall comply with all applicable laws, regulations and rules and undertake not to use the Website or OpenFIT Services for any unlawful purpose, for the commission of any offence or crime under the laws of any jurisdiction to which access is obtained through the Website or in a manner which is likely to cause harm, offense or nuisance to any other Internet user.
You agree not to use the Website to:
- attempt to gain unauthorised access to the Website, in particular the non-public areas, the server on which the Website is stored or any server, computer or database connected to the Website;
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- interfere with or disrupt the Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;
- use in connection with the Website any pirated software or any copyrighted materials or counterfeit materials without the permission of the copyright holder; or
- use in connection with the Website any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render OpenFIT liable to the payment of damages to any third party.
- We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates the provisions of this section 3, including, without limitation, reporting you to appropriate law enforcement authorities.
- Other than personally identifiable information (otherwise referred to as "personal data" under applicable data protection legislation), which is covered under our Privacy Statement, any material you transmit or submit to the Website shall be considered non-confidential and non-proprietary.
- You understand that by supplying information via the submission of enquiries that you may have on the Website or otherwise, you are granting us an irrevocable non-exclusive license to use such information for any purpose in the course of offering our services.
You are permitted to print and download limited extracts from the Website for your own personal use provided that:
- no documents or related graphics on the Website are modified in any way;
- no graphics on the Website are used separately from corresponding text; and
- OpenFIT's copyright and trade mark notices appear in all copies. Our status (and that of any identifying contributors) as the authors of any material on the Website must always be acknowledged.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- You must not use any part of the materials on the Website for commercial purposes without obtaining prior written consent to do so from us or our licensors.
- If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- The Website and OpenFIT Services contain intellectual property, which is the property of OpenFIT ("OpenFIT IP"). This includes, but is not limited to, copyrights, trade marks, information about technology, and other proprietary rights, and may be provided in the form of text, graphic, audio and video downloads, links or source codes. We retain the rights to the OpenFIT IP and reserve all rights in respect of same.
- Subject to these Terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and OpenFIT IP and the material displayed thereon. However, no right, title or interest in any such materials or OpenFIT IP will be granted or transferred to you as a result of any permitted use of such materials.
- All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Website), are owned, controlled or licensed by OpenFIT, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Website in the ordinary course or as a resource for using the OpenFIT Services through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
In respect of all content or material that you submit via the Website or otherwise:
- you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and
- you confirm that you have obtained the consent of any individual identified in such material to the submission of the material via the Website or otherwise.
- The OpenFIT IP is provided by us on an "as is" basis, and we expressly disclaim, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any OpenFIT IP. To the extent permitted by applicable law, we exclude any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the OpenFIT IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.
Suspension and Termination
- We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website or OpenFIT Services. When a breach of these terms has occurred, we may take such action as we deem to be appropriate.
You agree that we may, with or without cause and/or prior notice take any or all of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Website or OpenFIT Services;
- issue a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs resulting from the breach);
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- Without limiting the foregoing, the following will lead to a termination by us of your use of the OpenFIT Services: (a) breaches or violations of these Terms or other incorporated OpenFIT agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) an express request by you; (d) suspicion of fraud; or (e) unexpected technical issues or problems.
- We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited and we may take any other action we reasonably deem appropriate.
- By accepting these Terms, you agree to indemnify, keep us indemnified and otherwise hold harmless OpenFIT, its officers, employees, agents and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, and all other losses, costs, changes, demands, proceedings, and actions, howsoever incurred by OpenFIT arising from any claims or legal proceedings which are brought or threatened against us by any person resulting from: (a) your use of the Website and OpenFIT Services; (b) unauthorized access to the Website and OpenFIT Services; or (c) any breach of these Terms by you or any other matter relating to the Website or OpenFIT Services.
- In the event that any of your enquiries submitted via the Website infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such contribution or render such contribution free from infringement.
Disclaimers and Limitations of Liability
Unless otherwise agreed by us in writing, the material and content displayed on the Website and OpenFIT Services are provided “as is” without any guarantees, conditions or warrantees as to its accuracy or other terms of any kind. To the extent permitted by law, we, our officers, employees, agents, directors and third parties connected to us hereby exclude:
all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation:
- that the Website and OpenFIT Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing;
- that the Website and OpenFIT Services will meet your requirements, are error-free, without interruption or available at all times
- warranties as to privacy and security other than as stated in our Privacy Statement;
- that you will be able to access or use the Website or OpenFIT Services at times or locations of your choosing; and
- any warranties on the basis of oral or written information given by a OpenFIT representative.
any liability for any direct, indirect, consequential, special, incidental or exemplary loss or damage incurred by any user in connection with the Website and OpenFIT Services or in connection with their use, or results of the use of the Website and OpenFIT Services, any websites linked to them and any materials posted on them, including without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings, the use of money or opportunity;
- loss of data;
- loss of goodwill or reputation;
- wasted management, office time or personnel time;
- work stoppage, computer failure or malfunction, or
- any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- Nothing in this section 8 affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
- While we endeavour to ensure that the Website and OpenFIT Services are normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on the Website or any of the OpenFIT Services or combination thereof, including any injury or damage to your or to any person's computer related to or resulting from participation in connection with the Website or OpenFIT Services. Access to the Website and OpenFIT Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- We will use reasonable endeavours to correct any errors or omissions as soon as practicable upon notification of them. However, we do not guarantee that the Website or OpenFIT Services will be free of faults and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: email@example.com.
- We reserve the right at any time to modify or discontinue, temporarily or permanently, the Website or OpenFIT Services with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the Website or OpenFIT Services.
- all conditions, warranties and other terms which may otherwise be implied by statute, common law or the law of equity, including without limitation:
- Unless otherwise agreed by us in writing, the material and content displayed on the Website and OpenFIT Services are provided “as is” without any guarantees, conditions or warrantees as to its accuracy or other terms of any kind. To the extent permitted by law, we, our officers, employees, agents, directors and third parties connected to us hereby exclude:
- Governing Law
The Irish courts will have exclusive jurisdiction over any claim arising in respect of, or related to, the Website and OpenFIT Services although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms will be governed by and construed in accordance with the laws of Ireland.
This Website may contain links to other websites. If you use these links, you leave the Website. We are not responsible for the content, intellectual property rights, accuracy or opinions expressed on such websites. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by OpenFIT. When you access these third-party sites, you do so at your own risk.
Linking to the Website
- You may link to the Website homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in anyway so as to suggest any form of association, approval or endorsement on our part where none exists.
- You may not mirror, screen scrape or otherwise reproduce all or any part of the Website on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.
- If you wish to make use of material on the Website or OpenFIT Services other than set out above, please address your request to: firstname.lastname@example.org.
Communication Between Us / Disputes
- If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail to email@example.com. We will confirm receipt of this by contacting you by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid registered post to the address you provide to us in your request via the Website.
- The following is a link to the European Commission’s Online Dispute Resolution platform which is dedicated to helping consumers and traders resolve their disputes out-of-court: http://ec.europa.eu/odr.
- These Terms, which incorporate our Privacy Statement and Cookies Policy, and any notices raised by us on our Website from time to time constitute the entire agreement between you and OpenFIT regarding the use of this Website and the OpenFIT Services.
- The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.
- These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms are personal to OpenFIT and you.
- You may not assign, novate, sub-contract or otherwise transfer its part or all of these Terms, without the prior written consent of OpenFIT.
- Nothing in these Terms shall create or be deemed to create a partnership, joint venture agency or employment relationship of any kind between you and OpenFIT.
- We shall not be liable for delay or failure to perform any of its obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.
- Unless otherwise stated in these Terms, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
You should print a copy of these Terms for future reference.