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Terms and Conditions

Version: 3.0824   August 2024

PLEASE REVIEW THESE TERMS CAREFULLY

Welcome to Earn It Ltd. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below).

1.    Agreement to Terms and Conditions

The Earn It Ltd platform comprising the mobile application and related websites http://youearn it.com/ (collectively, the “Services”) are made available to you by Earn It Ltd Limited a company registered in England and Wales (company number 14689604) with its registered office at The Harley Building, 77 New Cavendish Street, London W1W 6XB (“Earn It Ltd”). References to "we", "us", or "our" are references to Earn It Ltd.

These terms and conditions together with our Privacy Notice [https://www.youearnit.com/privacy-policy] (“Terms and Conditions”) set out the terms on which we provide any of our Services to you. Please read them carefully as they affect your rights and liabilities under the law. By clicking the “I accept” button at the time of registering for an account with us (“Account”) and thereafter using the Services, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions and/or ourPrivacy Notice, you are not permitted to use our Services and please do not register for or use the Services.

 

IN PARTICULAR, PLEASE READ THE DISCLAIMER AND LIABILITY PARAGRAPHS HEADED “OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU” BEFORE STARTING TO ACCESS OR USE THE SERVICES.

 

2.    Medical Disclaimer and Liability

WARNING: OUR SERVICES ARE INTENDED TO PROVIDE GENERAL INFORMATION ONLYIN RELATION TO HEALTH AND FITNESS AND ASSIST USERS TO TRACK, COACH AND SUPPORT PERSONAL HEALTH. INFORMATION PROVIDED THROUGH THE SERVICES DOES NOT PURPORT TOBE AND MUST NOT BE TAKEN AS MEDICAL ADVICE. You must therefore check any advice or information provided on our platform or via our Services with your own GP(or other appropriate healthcare professional) before taking or refraining from any course of action or treatment or if you are unsure how this information or the Services may affect your health. This is especially important where you have pre-existing health conditions, are taking medication or are pregnant. Failure to consult with your own GP could damage your health.

By using the Services, you recognise that physical activity, particularly strenuous activity, brings with it an element of risk and you use the Services solely at your own risk. You agree that Earn It Ltd will not be liable to you and/or any third party for or in connection with: (i) losses not caused by our breach of these Terms; or (ii) any consequential or incidental losses which area secondary effect of the main loss or damage and not reasonably foreseeable by us or you at the time of entering into these Terms. 

Earn It Ltd does not exclude or limit any liability which cannot legally be limited, including liability for: (i) death or personal injury caused by negligence of our employees, agents or subcontractors; (ii) (b)fraud or fraudulent misrepresentation; and (iii) breach of the terms implied by section2of the Supply of Goods and Services Act 1982.

 

3.    Amendments to Services and Terms andConditions

We reserve the right, from time to time, to change these Terms andConditions to reflect changes in law or best practice or to deal with additional features which we introduce. The Terms and Conditions applicable to your access to and use of the Services will be the version appearing on this page – please ensure you check which version of the Terms and Conditions applies to your use of the Services. We will give you notice of any change by notifying you of a change when you next start using the Services.

Your use of the Services after changes are made means that you agree to be bound by such changes. If you do not accept the notified changes, you should not continue to use the Services.

 

4.    Privacy

Our Privacy Notice explain how we treat your personal data and protect your privacy when you use our Services. By registering for an Account and using our Services, you agree that we can use such data in accordance with ourPrivacy Notice.

 

5.    Registration and Use of Services

The Services are intended solely for persons who are 18 years old and based in the United Kingdom.

Registration for an Account. In order to gain access to the Services, you must first register to set up an Account with us by completing the required registration details and you must agree to comply with these Terms and Conditions and the Privacy Notice.  You will not be charged to create an Account to access and use the Services provided through a standard membership. You may choose to sign up to receive additional premium services, for which further fees will be payable, as set out in sections 11 and 12 of these Terms and Conditions.

Accuracy of information. You confirm that all information you provide to us for your Account and subsequent use of the Services is true, correct and accurate. It is your responsibility to ensure the information in your Account is updated regularly with any relevant changes.

 

Registration via a third-party network. You may register for or log-in to your Account via a third-party network, such as Facebook or Google. If you do so, you authorise us to pre-populate the registration and other relevant information fields of your Account and/or to use such third-party credentials to log you into yourAccount. When you download our mobile application as part of our Services, you will also be subject to the terms and conditions of the App Store, GooglePlayStore, or other mobile application provider from which you downloaded our mobile application.

If you connect your Account to a third-party network, you agree to comply with the terms and conditions and policies applicable to your use of such third-party network.

We may refuse at our absolute discretion any application to join us or receive our Services for any reason at any time whatsoever. Any suspension or cancellation of your registration and your right to use the Services shall not affect either party's rights or liabilities.

Password. When you register to use theServices you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password, or you suspect any breach of security or misuse of the Services, you should notify us by contacting us immediately via the details set out in the “Contacting Us”paragraph below.

If we have reason to believe that there is likely to be a breach of security or misuse of the Services, we may require you to change your password or we may suspend your Account.

 

6.  Excluded Services

The Services do not include the provision of computer, mobile or other necessary equipment to access the Services. To use the Services, you may require Internet connectivity and appropriate telecommunication links. We shall not be liable for any internet, data, mobile or other costs that you may incur when accessing or using the Services.

 

7.    Limitations on Use of Services

You may not use the Services for any of the following purposes:

·       Infringing our intellectual property rights or those of any third party (to the extent that such use is not licensed by these Terms and Conditions);

·      Disseminating any false, misleading, unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material, including “fake news”;

·      Interfering with any other person's use or enjoyment of the Services;

·      Uploading any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or Services, or that contains other harmful, disruptive, or destructive files or content;

·      Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;

  • Transmitting material containing any form of advertising or promotion for products and  services, junk mail, chain letters or "spam";
  • Impersonating another person or organisation;

·      Interfering or disrupting networks or websites connected to the Services;

·      Gaining unauthorised access to other computer systems; or

·      breaching any laws concerning the use of public telecommunications networks.

 

8.    Intellectual property

All copyright and other intellectual property rights in the Services (including, without limitation, all materials, documentation, trade names and other proprietary information, logos, software, images, audio, video, multimedia content, photos, graphics and content generated by the operations of thePlatform but excluding the User Content (as defined below)) throughout the world belong to us (or our licensors) (the “Earn It Ltd Content”). You have no intellectual property rights in, or to the Earn It Ltd Content, other than the right to use them in accordance with these Terms and Conditions.

You may retrieve and display the Earn It Ltd Content on a computer screen, mobile device or portable tablet, store such content in electronic form or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.

You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any Earn It Ltd Content without written permission from us.


No licence is granted to you in these Terms and Conditions to use any of our trademarks or of our affiliated companies including, without limitation, the names you earn it, Earn It Ltd and associated trademarks.

 

9.    User Content

Other than in respect of your Personal Data which is covered under ourPrivacy Notice, any material you transmit or post via the Services (“UserContent”) shall be considered non-confidential and non-proprietary. We have no obligations with respect to such User Content.

Our Services only allow you to upload and submit limited User Content(in the form of emojis or similar reactions or messages of support to colleagues) on the community pages relating to your organisation only.

 By submitting, posting or displaying information through theServices, you grant us (and those that we work with) a perpetual, worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, host, store, copy, reproduce, process, adapt, modify, publish, publicly perform, publicly display, disclose, distribute, incorporate and otherwise use the User Content and all data, images, sounds, text and other things embodied therein in any and all media or distribution methods for any and all commercial or non-commercial purposes. This licence continues even if you stop using ourServices.

 You may not upload any User Content which:

·       is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;

  • would constitute, encourage or provide instructions for a criminal offence, dangerous     activities or self-harm;
  • is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
  • contains a threat of any kind, including threats of physical violence;
  • is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality.

 

We reserve the right to refuse to allow you to post any content on the Platform or to remove any User Content already posted on the Platform at our sole discretion.

If you are found to break any of the rules relating to User Content, in addition to removing any of the User Content you have uploaded, we may also suspend or terminate your Account under section 14 of these Terms and Conditions.

You are solely responsible for the User Content posted on your organisation’s message board. We make no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties.

Our systems analyse your User Content and data (including data received from third party applications you have given us permission to receive it from)to provide you with personally relevant services and features, such as customised plans, tailored recommendations and advertising. This analysis occurs as the User Content is received, analysed and when it is stored.

 

10.  Indemnity

You agree to defend, indemnify, and hold harmless Earn It Ltd, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, legal fees and expenses, arising out of a breach by you or any user of your account of these Terms and Conditions or arising out of a breach of your obligations, representations and warranties under these Terms and Conditions and specifically including, but not limited to, the following:

·      Any claim by any third party that posting of User Content by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; and/or

·       Any claim by any third party that your User Content or your use of the Community Services by you infringes that third party's copyright or other intellectual property rights of whatever nature.

 

11. Creds, Spendable Creds and Employer/Sponsor Contributions

You can earn credits to your Earn It Account through completing activities tracked via the platform (“Creds”). Creds have no monetary value and may not be used to purchase products or services on the platform.

If your employer and/or third-party sponsor has entered into an agreement with Earn It Ltd to procure your access to our Services and provides a regular monetary amount for you to spend on the Earn It platform depending on your achievement of certain targets in each month, some or all of the Creds which you earn each month will be converted into Creds which may be used to buyProducts or Premium Services on the platform (“Spendable Creds”).

Any Spendable Creds earned in a month will automatically be used to pay some or all of the monthly amounts you are due to pay under third-party finance arrangements arranged through the EarnIt platform for your Apple watch or other similar Products.

Any additional Spendable Creds in each month may be used to purchase or part purchase additional Products or Premium Services. If not spent in the month earned, additional Spendable Creds may be rolled forward and spent at anytime in the following twelve-month period. If not spent in the following twelve-month period, the additional Spendable Creds will be lost.

Spendable Creds brought forward from previous months may not be used to pay any of the monthly amounts you are due to pay under third-party finance arrangements arranged through the Earn It platform for your Apple watch or other similar Products in the then current or future months.

If you move employment whilst registered for an Account with us, you can continue to use our Services if your new employer has an account with us for their employees, or if you agree to pay the subscription fees for your own account. You would no longer be able to use your old employer’s organisation’s pages and content.

Please note that you can only earn Creds and Spendable Creds by completing activities that are recorded/tracked via the Earn It platform.

 

12.  Premium Services and Purchase of Products

Our platform will offer you products for sale relating to our Services (“Products”), as well as premium content and specific premium services (“Premium Services”). You can choose to pay for any Products and/or PremiumServices with Spendable Creds and/or with a credit or debit card through our third-party payment provider, all as indicated in clause 16.

You may cancel any Premium Service at any time, through the platform. Such cancellation will be effective from your next Billing Period. Premium Programmes cannot be cancelled during the course of the plan but will automatically end at the end of the agreed plan duration.

 

13.  Earn It Ltd Services

Earn It Ltd does not warrant or represent the accuracy, completeness or suitability for your intended use of any information (including, without limitation, any content, information or assignments) on the Earn It Ltd platform. You are responsible for the use of any such information, and you should make your own enquiries from appropriate health care professionals to check if the information is accurate, complete and suitable for your intended use.

All information contained on the platform and provided to you through the Service is for personal use only and may not be sold, redistributed, or used for any commercial purpose.

There is the possibility of physical injury and/or death when participating in any task or assignment or attempting to follow any of the demonstration videos or diagrams. If you feel discomfort or pain, you should immediately stop the activity causing such discomfort or pain and contact your provider and other medical professionals or an ambulance in the case of a medical emergency. By using the Services, you represent that you have fully informed your employer of your medical history and existing condition and have received their consent to participate (and continue to participate) in the assignments available to you through the Services. Earn It Ltd will not be liable for any injury, loss, claim, damage or any special, exemplary, punitive, indirect or consequential damages of any kind which may arise out of or in connection with your use of the Services.

 

14.  Third-Party Products and Services  

Third-party Products advertised or made available via the platform are made and offered directly by the applicable third party. While Earn It Ltd may recommend the equipment or materials of certain third-party suppliers, Earn ItLtd shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third-party equipment or materials will function with the Services or will be error-free. When you purchase any such Product, you acknowledge that you are contracting directly with such third party and not with Earn It Ltd. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment, delivery of goods, returns or customer service, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services.

You agree that Earn It Ltd shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third-party service providers or advertisers available through the Services.

 

15. Deletion of your Account

These Terms and Conditions will apply on the date you set up yourAccount.  If you wish to delete your account, you may do so by going to your Account settings and selecting to delete your account.

 The effect of deleting your Account is as follows:

(a)   Any Creds and Spendable Creds and/or contributions paid by your employer or third-party sponsor in your account will be permanently deleted and lost;

(b)   We will cease to take monthly payment contributions from your employer and/or third-party;

(c)    We will cease to make returns to any third-party provider of credit agreements to you. As a result, you will be solely due to make all future payments under the credit agreement to the third party in accordance with your agreement.

 If you have inadvertently deleted your Account, please emailsupport@youearnit.com to ask if it is possible to reinstate your account.

Should you wish that your Personal Data is permanently deleted from ourPlatform when you delete your user Account, please email: dataprotection@youearnit.com following the deletion of your Account to request this.

We may end your rights to use the Services at any time by contacting you if you have broken these Terms and Conditions in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Services:

(a)     you must stop all activities authorised by these Terms and Conditions, including your use of the Services;

(b)    you must delete or remove the Earn It Ltd mobile application from all devices in your possession and immediately destroy all copies of the mobile application which you have.

 

16.  Promotion Terms and Conditions

Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by us or our partners and offered via the platform. It is your responsibility to carefully review those terms and conditions.  

 

17. Payments

The price of Premium Services and Products is as quoted on the platform from time to time inclusive of VAT and other applicable sales taxes (“Tax”). We will pass on changes in the rate of Tax. If the rate of Tax changes between your order date and the date we supply the Services, we will adjust the rate ofTax that you pay, unless you have already paid for the product in full before the change in the rate of Tax takes effect.

You can pay for Premium Services and Products using your Employer Creditand/or using a debit card or credit card through our . We accept the following cards: Visa, Visa Debit, Visa Electron,MasterCard, or Maestro. You may be charged a processing fee by a paymentprovider for the processing of any payments.

We reserve the right to change the fees for the Premium Services and Products at any time. 

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18.  Exclusion of Warranties

Nothing in these Terms and Conditions shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.

The Services are provided “as is” and we make no warranty or representation to you with respect to them. In particular, we do not represent or warrant to you that:

·       Your use of the Services will meet your requirements;

·       Your use of the Services will be uninterrupted, timely, secure or free from error;

·       Any information obtained by you asa result of your use of the Services will be accurate or reliable; and

·       Defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in these Terms and Conditions.

 

 19.  Our responsibility for loss and damage suffered by you

Nothing in these terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Subject to the paragraph above, we shall not be liable to you for:

  • any loss of profit (whether incurred directly or indirectly);
  • any loss of goodwill;
  • any loss of opportunity;
  • any loss of data suffered by you; or
  • any indirect or consequential losses which may be incurred by you.

 

Any other loss will be limited to the amount paid by you to us within the last 12 months.

Please note that we only provide our platform for domestic and private use. You agree not to use our platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.

In any event, we shall not be liable for any loss or damage which may be incurred by you as a result of:

  • Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third-party product or service supplier, advertiser or sponsor whose advertising appears on the platform;
  • Any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the platform);
  • The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
  • Your failure to provide us with accurate account information; or
  • Your failure to keep your password or account details secure and confidential.

 

You are responsible for any mobile charges that may apply to your use of our Service, including text messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using theServices.

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Services, including, by way of example and not limitation, any provider of products or services, carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

20.  We are not responsible for websites we link to.

We have no control over and assume no responsibility for the content of websites linked to from our platform. Any such links are provided for your information only and should not be interpreted as endorsement by us of those linked websites and we will not be liable for any loss or damage that may arise from your use of them.

 

21.  International Use

We make no promise that materials on the Services are appropriate or available for use in locations outside the United Kingdom, and accessing theServices from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Services or upload or authorise the upload of data to this Services from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

 

22.  Availability of the Services

We may change, suspend, withdraw or restrict the availability of all or any part of our platform or our Services for business and operational reasons at any time without notice.

Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements. We also cannot guarantee that the Services will be fault-free, or uninterrupted and we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up-to-date. You are responsible for configuring your information technology, computer programmes and mobile device in order to access the Services. You should use your own virus protection software.

If a fault occurs in the Services, you should report it by contacting us at support@youearnit.com. We will attempt to correct the fault as soon as we reasonably can. Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Services as soon as we reasonably can.

 

23.  Miscellaneous

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Our failure to take any action in respect of a breach of these Terms and Conditions shall not constitute a waiver of their enforceability and we reserve our rights in respect of these Terms and Conditions at all times.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms andConditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.

No waiver. If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

These Terms and Conditions and any documents expressly referred to represent the entire agreement between us in relation to the subject matter thereof and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

Accounts with us are not transferable and therefore cannot be sold or traded.

 

24.  Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England. and any disputes will be decided only by the English courts.

 

25.  Contacting us

Please submit any questions you have about these Terms and Conditions orin connection with our Services by mailing our Customer Services team at: support@youearnit.com or write to us at: Customer Services, Earn It Limited,The Harley Building, 77-79 New Cavendish Street, London, W1W 6XB.

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